University of Alaska states it won’t bar ICE from classrooms

UA General Council Wayne Mowery Jr. and UPD Chief Jeff Earle discussed student rights related to U.S. Immigration and Customs Enforcement — or ICE — during a public Zoom conference on April 24.

The conference followed a university-wide email sent by UAA Chancellor Cheryl Siemers on April 13, that stated the university has designated classrooms as private spaces while instruction is in session.

Reporters from The Northern Light inquired whether law enforcement can enter a classroom — with or without a warrant — despite being designated as private space.

Mowery said, “I think the answer, in my mind, is yes. Can they? Yes. Whether or not that's legal and whether or not that entry will be sustainable on judicial review is a different question.” 

“We're not gonna be there barring them at the door, right? That's not the way our classrooms work,” said Mowery. “I would not encourage anybody to physically impede them.”

Earle said, “The answer is: It depends — and I'm sorry to answer it that way.”

“For instance, UPD has legitimate reasons and rights and works for the institution, it could walk into classrooms, even if classes are in session for one reason or another, because we're kind of the emergency support as well as response unit of the institution.” 

Regarding whether specifically ICE could enter a classroom with or without a warrant, Earle said it would depend on what is taking place in the classroom.

He said various factors would be taken into consideration if, at a later time, a judge were determining whether ICE entered the classroom correctly or incorrectly.

When asked by reporters about the purpose of designating classrooms as private spaces, Mowery said, “One of the things we're trying to do is provide clarity so that individuals who are impacted can exercise their rights.” 

“I can't protect the rights of an individual — that's their own thing,” said Mowery. 

“What I can do is try to make it as clear as possible — what is private and what is public space — so that if somebody violates their individual rights by arresting them in a private space, without a warrant, they have the argument that they can take as part of their defense,” he said.

University officials have not been notified of an ICE presence on campus, according to previous reporting by The Northern Light.