On January 20, 2025, the Department of Homeland Security (DHS) rescinded guidelines that had been in place since 2011 directing Immigration and Customs Enforcement (ICE) officers to refrain from immigration enforcement actions in certain “Sensitive Locations.” These locations included healthcare facilities; places of worship; places where children gather; social services establishments; disaster/emergency response sites; weddings, funerals, and religious ceremonies; parades, demonstrations, and rallies; and schools (including institutions of higher education). This means that ICE officials are no longer restricted by DHS policy from enforcing immigration laws at AACC and other Maryland educational institutions.
While this change in enforcement policy may understandably cause alarm and confusion in our community, it is important to remember that ICE is a federal law enforcement agency subject to federal law and the Constitution of the United States, and ICE officials are required to respect and abide by the constitutional rights of all students and employees. Below are helpful tips for faculty and staff in the unlikely, but possible, event that ICE comes to AACC to ask for information, request access to AACC property, or enforce immigration laws:
- All employees should treat ICE officials politely and respectfully.
- If approached by an ICE official at AACC for any reason, employees should ask the official to wait in an area accessible to the general public (a lobby or foyer) and immediately contact the AACC Department of Public Safety and Police (DPSP) at 410-777-1818. DPSP will coordinate with General Counsel to determine next steps, potentially including speaking with the ICE official; reviewing any warrant, subpoena, or request for records; and ensuring that federal law and constitutional rights are upheld.
- Remember that as with disclosure to any other law enforcement agency, the Family Educational Rights and Privacy Act (FERPA) governs the disclosure of student educational records. Other statutes apply to the disclosure of employee records. If an ICE official requests any individual student or employee records, please forward the request to generalcounsel@aacc.edu. DPSP and General Counsel will review any subpoena or search warrant and determine next steps. Do not provide ICE with any individual student or employee information prior to contacting those officials.
- If ICE or any other external entity contacts you via email with any request for information, including but not limited to, via a subpoena, a Maryland Public Information Act (MPIA) request, or a federal Freedom of Information Act (FOIA) request, do not respond, but instead immediately forward the request to complianceofficer@aacc.edu.
In summary, the advice is neither to “Resist” nor “Respond,” but instead to “Refer” to DPSP. As a reminder, our College’s mission, vision, and values will guide our work as we navigate a potentially changing landscape. The situation is undeniably alarming, and it is yet to be seen whether and to what extent ICE will take enforcement action at previously designated “Sensitive Areas” such as institutions of higher education. The College will consistently monitor for developments.
We are committed to ensuring that all members of our community have access to accurate information and the assistance they need.
Dr. Dawn Lindsay
President
Late on February 14, 2025, the U.S. Department of Education’s Office of Civil Rights (OCR) issued a letter to “clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education.”
This Dear Colleague letter describes an interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which clarified that the use of racial preferences in college admissions is unlawful. While that decision applied specifically to admissions, the current administration believes it extends to all race-conscious decisions pertaining to all other aspects of student, academic, and campus life and states that OCR expects compliance within 14 days.
As we have seen with other federal directives and interpretations of existing laws and statutes, we expect legal challenges in the coming days. Also, we have seen how some directives have been rescinded. While the language in this communication may be deeply troubling, please keep in mind that laws and statutes continually require interpretation and legal guidance.
For that reason, we are assessing the letter thoroughly to determine how we will navigate these new requirements. As a reminder, our college’s mission, vision and values continue to guide our work as we move ahead.
We will share additional guidance and information as it becomes available.
I want to acknowledge both the pace and frequency of these federal regulations and orders. No doubt, this level of change can feel disruptive and disturbing as we seek to serve all of our students. With that in mind, I want to remind you of the many support services and resources available for our students and each of you:
The College will continue to monitor for new developments. We remain committed to ensuring that all members of our community have access to accurate information and the assistance they need.
Thank you for your continued patience as we assess our best way forward, and thank you for all that you do for our students and community.
Dr. Dawn Lindsay
President