Updates and Provisional Guidance related to 2025 Federal Executive Actions
Last updated: February 21, 2025
In January 2025, new federal leadership in Washington D.C. introduced a series of executive orders and policy directives that could potentially impact operations at The University of New Mexico. While the precise implications of these measures remain uncertain, university administrators anticipate that their full effect will depend on how various government agencies interpret and implement the new guidelines, and potentially how they might be challenged in court.
To keep the university community informed, the administration will maintain a dedicated information page with the latest updates. Students, faculty, and staff are strongly encouraged to check this resource frequently to stay current on any policy changes that might affect their academic or professional activities. As the landscape of federal policy continues to evolve, maintaining open lines of communication and staying proactively informed will be crucial for navigating these transitions.
The University of New Mexico is closely monitoring recent national developments and their potential impacts on our campus community, and will continue to gather information and provide regular updates as they become available. Rapid response teams tasked with addressing the broad issues below are being developed to be small and nimble. They will be fluid in their composition, and draw from expertise from the appropriate areas of the university to analyze information and recommend guidance (such as the Office of University Counsel (OUC), Human Resources (HR), Office of the Vice President for Research (OVPR), Academic Affairs, Finance & Administration, Division of Equity and Inclusion (DEI), Health Sciences Center (HSC), etc.) Our focus remains on providing a supportive environment for all students, faculty, and staff to learn, work, and thrive.
The University is monitoring and analyzing the impact within this area and will provide information or guidance as it becomes available.
Guidance to UNM Faculty, Staff, Students, and Community on Federal Immigration Enforcement Activity on Campus
Purpose
This document is designed to provide clear guidance on what, if any, actions it may be appropriate to take if U.S. Immigration and Customs Enforcement (ICE) visits or attempts to access areas on any of our UNM campus or health care locations where access to the public is usually limited. These areas may include administrative offices, academic departments, research facilities, student housing, patient care areas (including clinics and hospitals), or other UNM sites in Albuquerque, at our branch campuses, or elsewhere across the state. This document is intended to provide information to any faculty, staff, students, or visitors at The University of New Mexico who may be involved in or witness an ICE visit to campus and have questions.
The guidance below provides general principles that apply to a wide variety of situations, but an actual encounter is likely to be fluid and stressful.
The appropriate response to federal immigration enforcement officials is:
Notify Authorities: Upon encountering ICE agents, immediately contact UNM Police Department to inform them of the situation. Provide a clear description of the agents’ presence and actions. At the UNM Los Alamos and Taos Campuses, inform your supervisor and chancellor’s office.
If you are at a receptionist/front-desk position make a record of the official’s name and identification (e.g. badge number) and call your supervisor to assist you in the interaction.
If presented with any legal document, state that you are not authorized to interpret such documents on behalf of UNM and refer the agent to the University Council’s Office.
- Document the Situation: If it is safe to do so, document the date, time, and details of the interaction. If possible, record video or audio of the exchange while maintaining discretion and ensuring your safety. When recordings may involve student information or educational activities, it is important to follow the requirements of the Family Educational Rights and Privacy Act (FERPA).
At Health Sciences Center (HSC) and Health System locations, video and audio recordings are usually permitted only under very specific clinical care circumstances to protect patient privacy. Recordings outside of these situations generally require appropriate consent. It’s important to follow both the Health Sciences policy on recordings (HSC-112) and HIPAA (HS-311) guidelines to safeguard privacy and protect any Protected Health Information (PHI). - Do Not Interfere with Law Enforcement: While you have the right to document and report the incident, do not physically obstruct or interfere with ICE agents as they conduct their business. UNM community members need to avoid putting themselves in physical danger during any immigration enforcement action on campus.
Please note that ICE or federal Department of Homeland Security officials may be on campus for reasons unrelated to enforcement actions. UNM must report certain information about visa-holding students, trainees, employees, and faculty to federal immigration officials. This reporting is routine, and UNM must comply with on-site visits to review records when requested. Equally, ICE may visit UNM hospital sites to seek health care support. Nevertheless, UNM personnel, vendors, and partners should respond to ICE’s presence as noted above.
- What is ICE? Immigration and Customs Enforcement, or “ICE,” is a component of the U.S. Department of Homeland Security. Its Enforcement and Removal Operations (ERO) directorate is responsible for enforcing U.S. immigration law. Such enforcement includes removing individuals from the United States who lack authorization to be present in the country.
- Can ICE conduct enforcement actions on UNM’s campus and property? As a public university, UNM is largely open to the general public. ICE and other federal immigration enforcement officers – like any other state or federal law enforcement official – may enter areas open to the general public without a warrant. However, public access is limited in certain areas of UNM’s property. Spaces with limited access include campus buildings in which entry is restricted by university-issued ID cards, locked doors, or monitored entryways, including the university residence halls and badge-accessed clinical care areas. Also included within this category of limited access are certain parts of buildings that, even though unlocked during normal operations, involve particular concerns for privacy, safety, and operational needs; these spaces include administrative or faculty offices, classrooms, and laboratories.
UNM’s educational mission requires safe and secure learning, patient care, and working environment. Accordingly, UNM has designated its classroom buildings as restricted areas with limited access. Therefore, ICE must present a valid judicial warrant for entrance to a classroom building without explicit permission from university leadership.
- In what situations can federal immigration enforcement officers enter limited access, nonpublic areas, including residence halls? Federal immigration enforcement officers must have an arrest or search warrant issued by a court of competent jurisdiction to lawfully enter limited access nonpublic areas without consent (absent exigent circumstances). Most often, immigration officers who might come to campus would act on civil, not criminal, authority and generally carry administrative warrants (or “ICE warrants”). Administrative warrants are not signed by a judge and do not, in and of themselves, authorize officers to enter limited access areas without consent. The interpretation of such warrants should be left to UNMPD, Hospital Security, or University Council.
- What should be done if a federal officer/agent(s) insists on carrying out enforcement actions before contact is made with the appropriate UNM authority? UNM personnel should not interfere with their actions. Instead, UNM personnel should observe their conduct and take detailed notes of what transpires if they are able. It remains possible for officers to claim “exigent circumstances” authorizing their access to our facilities or people without a warrant. In such a situation, we should comply with their commands, knowing that their justification can be challenged later if necessary. If a federal officer or agent appears to carry out enforcement actions, you should contact UNMPD, UNM Security, UNM Hospital Security, or the department or official authorized to interact with them.
- Can a student refuse to allow a federal immigration enforcement officer to enter a residence hall room? A residence hall room is considered a limited-access area. It cannot be legally accessed by law enforcement officers, including immigration enforcement officers, without a valid judicial warrant or the voluntary consent of the occupant. A student, at their discretion, need not allow entry to any law enforcement officer who does not have a valid judicial warrant, regardless of what that officer might say. If a federal law enforcement officer should enter UNM housing without UNMPD, residents should immediately contact UNM Police.
- Accepting Service of Process. UNM students, faculty, and staff should not accept service of any subpoena/warrant by any law enforcement officer or official, including immigration officials, before contacting the Office of University Counsel (OUC). A UNM community member approached by a law enforcement officer, including an immigration enforcement agent, should state they are not authorized to accept service on behalf of the UNM or any department, office, or person and refer the officers to OUC. OUC will then assist in determining the validity of the request and whether it is lawful and enforceable
- Without a valid judicial warrant, is UNM Hospital required to allow a federal immigration enforcement officer entry to patient care areas of the hospital or other healthcare facilities? The determination as to whether a valid judicial warrant is being presented must be made by someone with the authority to do so. With this in mind, the most crucial step for any UNM community member is to politely advise the officer(s) in question that they are not authorized to grant access on behalf of the Hospital and have been instructed to notify Hospital Security so that it can review the documentation provided. The UNM community member can advise the officer that they may wait for security to engage. UNM Hospital and UNM’s other clinical care areas may limit access to private areas to people who are receiving or providing care or who are otherwise necessary for providing care, such as a parent accompanying a child who is receiving care. To the extent possible, access to private areas intended for patients and their family members should be restricted to essential medical personnel (e.g., doctors and nurses), excluding all other staff and visitors during business hours.
- Does UNM have an affirmative obligation to assist ICE? It is UNM’s position that it has no obligation to take affirmative steps to advance enforcement of federal immigration law. At the same time, UNM may not actively obstruct or interfere with the lawful execution of a judicial warrant or subpoena. Similarly, a UNM community member could be subject to criminal prosecution if they attempted to interfere, physically or otherwise, with the actions of a federal officer.
Federal law prohibits hiding evidence, concealing individuals who are the targets of law enforcement, or interfering with an arrest.
- What Type of Warrant Requires Compliance? This determination should be made by UNM Police, UNM Security, UNM Hospital Security, University Counsel, or the department or official authorized to do so. An “ICE warrant” may be an administrative warrant issued by certain immigration officers that names an allegedly deportable non-citizen and directs various federal immigration enforcement agents to arrest that individual. See supplemental information on warrants below.
- Does FERPA protect student records for DACA and undocumented students? The Personal Identifiable Information (PII) of undocumented or DACA students is protected by the Family Educational Rights and Privacy Act (FERPA). FERPA effectively prohibits schools from releasing educational records or most personally identifiable information without consent unless presented with a subpoena issued for a law enforcement purpose. FERPA training for campus staff, faculty, and students may include this information, and campuses should ensure that all staff, faculty, and students are provided information on campus protocols regarding law enforcement officers – including ICE officers – coming onto campus
Additional Information on warrants and enforcement can be found here:
Communications & Guidance
FAQs
Q: Will the federal funding pause impact federal financial aid (Title IV)?
A: At this time UNM is still distributing Federal financial aid, as well as state aid.
Q: How is UNM addressing misinformation and rumors about campus safety?
A: Recent rumors about federal agents on campus and at the hospital are currently unfounded. We take the safety and privacy of our community seriously and encourage everyone to rely on official university channels for accurate information. Avoid sharing unverified reports, and use established reporting channels for genuine concerns.
Q: How does UNM protect students from harassment or threats?
A: UNM provides multiple safety resources:
- UNM Police Department Safety Escort Services: The UNM Police Department provides 24/7 safety escort services to ensure safe travel between campus locations. The service is not available for travel to or from off-campus locations. For more information, please call (505) 277-2241.
- Lobo Guardian App: The Lobo Guardian app allows users to "Set a Safety Timer and Status" sharing their location and status with trusted contacts designated as personal ‘Guardians.’ If the session is not deactivated before the timer expires, Guardians will receive a notification with the user’s last known location and status.
Q: How can we support LGBTQ+ individuals?
A: UNM has an unwavering commitment to fostering an equitable and inclusive environment for all students, staff, and faculty. Importantly, New Mexico state laws provide robust protections for LGBTQ+ individuals, ensuring that equal rights and opportunities are safeguarded here at our institution. Our LGBTQ+ Resource Center serves the UNM community by providing education, advocacy, and support through our events, trainings, and student groups.
Q: What resources are there for community members who are struggling to cope with political and social changes?
A: This website brings together supportive resources for students, faculty, and staff. You are an integral part of our Lobo pack, and we're here to ensure we support you with the resources and services you need.
Q: How do we counsel our patients when asked if they could be reported to ICE?
A: The Community Immigration Resources document is printed and available in the UNM Health Human Resources Satellite Office. View Resources document (PDF)
The clinical delivery system of The University of New Mexico is firmly committed to ensuring that everyone in New Mexico has access to the highest quality health care. As you know, recent events have increased concern that patients' access to care may be limited based on their immigration status. We know that our mission is to provide health care for all. I want to reaffirm our commitment to that mission.
UNM clinical entities do not check the immigration status of patients and are not responsible for enforcing immigration laws – nor will we. We will continue to care for all of our patients, and we are thankful that you share that mission with us.
Please remember that University staff and faculty should not interfere with any law enforcement agents who may appear on campus. In the highly unlikely event that immigration or other law enforcement agents present at a clinical location, please contact the Security team of UNM Hospital, either at 333 onsite, or 505-272-2160 for offsites.
Q: Can we continue to provide gender-affirming treatment to patients age 17 or 18 under the next executive order. I have patients who I am actively treating.
A: Yes, we continue to provide care as we are doing until the University has completed its legal review and recommendations.
Q: Do we know if remote work will be impacted at all?
A: In response to executive orders, UNM is not contemplating changes to its existing remote work policy or guidelines. However, and consistent with current policy, a specific position’s eligibility for remote work may change over time to correspond with changing departmental needs and/or the specific duties and responsibilities of the position.
Q: With reports of previously public, federal data resources and websites being taken offline, where can UNM researchers access this needed information?
A: UNM Libraries would like to make researchers aware of alternative archives of some of these datasets. A library guide has been created for this purpose.
As noted in the guide, it is a work in progress and will be updated as more information becomes available. Please contact Jon Wheeler if you know of additional data or website archives we can add. Allowing that some data and resources may not have been downloaded to alternative locations before going offline, please also reach out with any requests to prioritize the discovery and addition of data valuable to your research or community.
Some resources created by libraries that would be useful for our researchers, in addition to the Internet Archive and the Public Environmental Data Project (PEDP):
- Harvard Law School's Library Innovation Lab: In January 2025, the Lab established a data vault to download, authenticate, and provide access to valuable public government data. Their initial focus includes datasets from Data.gov, federal GitHub repositories, and PubMed. https://lil.law.harvard.edu/blog/2025/01/30/preserving-public-u-s-federal-data/
- MIT Libraries have developed guidelines to help researchers ensure the government data they rely on remains accessible. This includes creating checklists and providing resources on best practices for data preservation. https://libraries.mit.edu/news/protecting-access-to-u-s-federal-government-data/39381/
