Legal Affairs, Risk and Compliance

Federal Policy Resources

The federal policy landscape for higher education is shifting quickly with the new priorities being implemented by the administration. This page is Western’s destination for the latest guidance on federal policy changes and our response. Additional resources will be posted here as new information becomes available. 

Office of Legal Affairs, Risk and Compliance
Western Michigan University
Kalamazoo MI 49008-5200 USA
(269) 387-1900

Immigration enforcement and the safety of students, faculty and staff 

Feb. 21, 2025

Western Michigan University is, and will remain, a globally engaged campus that is enriched by the presence of students, faculty and staff from around the world. We are made immeasurably wiser, our culture richer and our institution stronger by embracing rather than closing ourselves off from the world around us. The Haenicke Institute for Global Education has been an invaluable resource in helping us accomplish that mission, and it serves as a resource for our students on visa or immigration-related issues.

As a globally engaged campus, WMU is committed to the safety and well-being of all our students, faculty and staff. Our concern for the safety of all members of our community has and will continue to drive our guidance for interacting with immigration officials. Our guidance here is not designed to provide legal advice to those who may be subject to immigration enforcement, as there are many national and local groups with greater expertise dedicated to that area of law. Our guidance is designed to minimize the legal risk faculty, staff and students could face in their capacity as third parties when interacting with federal officials performing their duties. If federal officials overstep in their actions, those issues are best resolved by trained experts in a court of law.

As of Feb. 20, 2025, no. The University has found no reports of heightened immigration enforcement activity on American college campuses.  

If you are a faculty or staff member and a federal immigration official contacts you while on campus: 

  1. Ask for identification or a business card. Proper identification includes the official’s name, identification number and agency affiliation. 

  2. If the official presents a warrant or subpoena or otherwise asks or demands to access a University facility, immediately contact the WMU Department of Public Safety at (269) 488-8911. While their presence is not required for immigration officials to carry out their work, they are trained to help facilitate interactions between external agencies and our community members. If federal officials choose not to wait for WMU DPS’ arrival, you do not have the right to physically obstruct them. 

    Residences are private. The law is clear that a person’s home, apartment or dormitory is an area where a judicial warrant is generally required to enter. Locked and restricted access spaces where an ID, key or swipe card is required are also generally considered to be private. However, this is ultimately a fact-specific inquiry. If an immigration official requests to access these areas, do not consent to entry and immediately contact the WMU Department of Public Safety at (269) 488-8911 and the General Counsel’s office at (269) 387-1900. Calmly and politely explain that you do not have the authority to provide access, and you are contacting those who can assist expeditiously.

  1. You are not required to volunteer information to officials.  
  2. If disclosure of student information is requested from any third party, including a U.S. federal immigration official, always follow Family Educational Rights and Privacy Act (FERPA) guidelines. In accordance with FERPA, education records of all students, regardless of immigration status, are protected from disclosure to outside parties. However, there are also specific disclosure requirements under the Student Exchange Visitor Program and, for this reason, if the federal official seeks to review documents about students or employees, you should immediately consult the office of the General Counsel at (269) 387-1900. Tell the official that you do not have the authority to share the information and need to consult the University’s General Counsel office. 
  3. Do not obstruct officials from doing their work while you are consulting with University administrators. It is important to avoid any behavior that could be construed as obstructing federal officials as that may place you at risk. 
  4. Document basic information about the occurrence including date, time, location and a description of the interaction with the officials. 
  • Immigration officials have the same access rights as the general public to campus open spaces such as all outdoor areas, lobbies, unlocked buildings and public events.  
  • Residences are private. The law is clear that a person’s home, apartment or dormitory is an area where a judicial warrant is generally required to enter. Locked and restricted access spaces where an ID, key or swipe card is required are also generally considered to be private. However, this is ultimately a fact-specific inquiry. If an immigration official requests to access these areas, do not consent to entry and immediately contact the WMU Department of Public Safety at (269) 488-8911 and the General Counsel’s office at (269) 387-1900. Calmly and politely explain that you do not have the authority to provide access, and you are contacting those who can assist expeditiously.  
  • Be aware there are lawful exceptions, such as emergency situations, that require immediate action by law enforcement. In these very rare situations, legally referred to as exigent circumstances, do not obstruct the officials’ work. If immigration officials demand immediate entry, you should comply with this demand to avoid being accused of interfering with a law enforcement operation. 

Classrooms, laboratories and offices are semi-private. The law is not settled on whether semi-private or restricted access spaces like classrooms and laboratories are private under the Fourth Amendment. Therefore, it is not clear which documents, if any, officials must present and in which spaces they must do so. Given this, faculty, staff and students should not assume the role of determining the validity of warrants or subpoenas that may be presented.

Note: What follows is a detailed legal exposition regarding the uncertainty that surrounds this legal matter. It is provided due to significant interest on campus. In summary, the best action is to follow the procedures for interacting with immigration officials.

While some universities have chosen to provide definitive guidance on this question, the law is not settled on this matter and a court’s analysis would be fact-specific to the situation before it. The University would be remiss in providing definitive legal advice to the community on contested legal matters, which could embolden individuals to take actions without a full understanding of the potential legal ramifications of their actions.

At issue is the Fourth Amendment’s legal concept of “reasonable expectation of privacy,” as well as the limits of authority of federal officials and the types of warrants they may execute and in which locations. For decades, cases have continuously examined, defined and refined the boundaries of this concept. Defining private spaces outside the home is far from clear.

Take a classroom as an example: Whether a person has a reasonable expectation of privacy, as defined by law, may depend on who is in the space, the activity in that space and even the size of the group. Classes can range in size from a handful of students to large lecture halls. Considerations include whether the door is open, closed or locked; whether occupants can be observed from the hall; whether entry is limited to certain individuals and, if so, how that is monitored and enforced; and whether any occupant or all occupants must “consent” to entry.

What is certain is that reviewing courts would look at the particular facts and circumstances of a case before determining whether a particular action is lawful. A blanket designation of classrooms as either public, private, open, limited or restricted access by the University can neither take all of these nuances into account nor dictate federal officials’ enforcement powers. These complex issues have been further complicated by the recent revocation of previous “sensitive area” enforcement requirements, which had been the policy of Immigration and Customs Enforcement since at least 2011. As of Feb. 20, 2025, there are three lawsuits challenging this policy revocation alone.

It is important to note that the federal government’s stated focus is on individuals who are undocumented or do not have approved immigration status in the United States. At WMU, the Haenicke Institute for Global Education (HIGE) has extensive staff and procedures dedicated to maintaining immigration status for international students.  

Before arrival in the U.S. and at Western, HIGE assists students through an extensive immigration and verification process to ensure the student not only arrives with the correct visa status, but they also will be able to maintain their status for the duration of their education. The institute has more than 10 staff members who help international students and scholars follow U.S. regulations to maintain their status and who comply with the U.S. departments of Homeland Security and State regulations to maintain the University’s ability to enroll international students. 

HIGE has an International Student Advocate who helps students navigate complex American systems, such as the courts or medical care, so they can stay in the U.S. even in the case of an unexpected event or emergency.

Additional supports from HIGE include advising strategies that help students address immigration issues and regular reminders that encourage students to remain vigilant about their visa status.

“Our primary goal has not changed, which is to provide a safe, secure and healthy environment to all members of the University community. This includes fair, equitable and impartial treatment for all. It is not our role to investigate, enforce or detain anybody related to alleged immigration violations. We will continue to cooperate with reasonable requests from any local, county, state or federal law enforcement agency as it pertains to criminal investigations.”

—Scott Merlo, WMU chief of police 

Yes. Faculty oversee their classrooms, attendance and course-related policies. There is no policy that precludes an instructor from offering flexibility for any number of challenges a student may face during the semester.

International students and the federal Student and Exchange Visitor Information System

April 9, 2025 (Updated information as of April 16)

U.S. government officials this month have taken action to remove some international students studying at U.S. higher education institutions from a system known as the Student and Exchange Visitor Information System (SEVIS) and/or revoke their visas. Termination of SEVIS status can lead to being asked to leave the country. Whether individuals will ultimately have their visas revoked is under the purview of the U.S. Department of State. To date, six Western Michigan University students have had their SEVIS status terminated. WMU enrolls some 2,100 international students here and abroad. 

Neither the University nor the students received notification from federal officials of the SEVIS terminations. The WMU staff members who routinely monitor this system discovered the terminations last week and informed affected individuals that their SEVIS record had been terminated.  

WMU staff members are currently assisting these impacted students in exploring their options and will continue to monitor SEVIS for record terminations. As staff shared in a  message to international students earlier this month, any student who is unsure of their SEVIS or visa status or has other questions, should contact WMU International Student and Scholar Services (ISSS).

We understand that many in our community who are not directly involved with assisting these students may want more information about these particular cases. However, there are federal privacy laws that prohibit the release of identifying details, including immigration status or other personal information. Just as importantly, WMU is committed to protecting our students’ privacy and well-being. We remind faculty and staff not to disclose personally identifiable information or the educational records of our students, as this information is protected under our FERPA policy. 

Please know that while we cannot and will not share specific details, we are assisting students in understanding their legal and procedural options. Faculty and staff seeking guidance on behalf of a student should refer them directly to ISSS for the most accurate and timely support.

One of our institution’s points of pride is that our campus reflects the world’s people and cultures. We remain committed to being a global campus and to welcoming and supporting students and scholars from around the world. 

Recent federal agency actions affecting grants and research

April 15, 2025

The U.S. Department of Energy recently issued a policy change stating that it would no longer honor previously negotiated Facilities and Administration (F&A) fees. Under this change, the department has implemented a 15% F&A rate on new and existing grants awarded to higher education institutions. This change negatively impacts our research enterprise, which plays an important role in supporting the Department of Energy’s mission to advance America’s security and prosperity. The Association of Public Land-grant Universities (APLU), the Association of American Universities (AAU) and American Council on Education (ACE) and nine universities are plaintiffs in a lawsuit challenging the energy department’s action. View the complaint 

In addition to these developments, institutions across the country have experienced cancellation of federal grants awarded in such disciplines as education, humanities and engineering. WMU’s Office of Research and Innovation is working with grant recipients on our campus who have been notified by a federal agency of a grant cancellation. The University is closely monitoring associated legal actions that may affect these agency decisions. WMU administration is also actively communicating with our elected representatives regarding the impacts of cancellations.