POL-U1000.13 Regarding Access to University Property and Student Records for Immigration Enforcement Purposes (Interim)

The provisions of this policy shall apply to Western Washington University and all university facilities, which include (but are not limited to) adjacent sidewalks, parking areas, sports facilities, and entrances and exits from said building spaces. The provisions of this policy shall apply for immigration enforcement activity against students and their families, staff, and volunteers.

University resources shall not be used to engage in, aid, or in any way assist with immigration enforcement.

Employees shall not collect information about immigration status unless required by law or necessary to perform university functions. In performing university functions related to students:   

1. Departments and university employees shall not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person accessing services provided by, or in connection with the University.
2. Departments and university employees shall not seek or require information regarding or probative of any person’s citizenship or immigration status where other information may be sufficient for the University’s purposes. This does not prohibit residency officers or related staff from reviewing information from students or others on a voluntary basis to determine that a student is qualified for in-state tuition rates.
3. In instances where the University is required to collect and provide information related to a student’s national origin (e.g., information regarding a student’s birthplace, or date of first enrollment in a U.S. school) to satisfy certain federal reporting requirements for special programs, prior to collecting any such information or reporting it, University employees shall take the following steps:
   1. If feasible, consult with legal counsel regarding its options, including alternatives to the specific program or documents accepted as adequate proof for the program;
   2. Explain reporting requirements to the student and student’s parent(s) and/or guardian(s), in their requested language, including possible immigration enforcement impact;
   3. If moving forward with collection of information, receive and collect written consent from the student, if over the age of 18, or the student’s parent(s) and/or guardian(s); and
   4. To the extent that the University is capable of implementing, collect and maintain this information separately from the university/class enrollment process and student’s records in order to avoid deterring enrollment of immigrants or their children.

Exception: Reporting requirements are necessary for compliance with the Student and Exchange Visitor Program. 

When the University reviews information related to immigration status in order to make residency determinations, the residency officer’s written confirmation that a student meets any applicable immigration status requirement shall be considered sufficient written evidence that a student meets the requirements of RCW 28B.15.012. All other documents used to prove student or other individual immigration status, aside from those independently required by law to be kept, shall be designated as transitory and disposed of in accordance with the University records retention policy. Any university employee maintaining said information in any other way shall report their retention procedure and basis to the Assistant Attorney General prior to collecting the information.

The University shall ensure information reviewed to determine eligibility for in-state tuition or other benefits and any reporting requirements is limited only to the information necessary for residency determinations and in compliance with applicable state or federal laws.

The University shall ensure that all university employees and volunteers are informed of the rights of immigrant students to an education. 

During enrollment, University policies and procedures for gathering and handling student information shall be made available in writing to students at least once per academic year.

This resource shall include, at a minimum:

1. Information about accommodations for limited English proficiency, disability accommodations, special education programs (if applicable), and tuition assistance grant or loan programs that may be available regardless of immigration or citizenship status;
2. General information policies including the types of records maintained by the University, a list of the circumstances or conditions under which the University might release student information to outside people or entities, including limitations under FERPA and other relevant law;
3. Policies regarding the retention and destruction of personal information;
4. The process of establishing consent from students and their parent(s) or guardian(s), as permitted under federal and state law, prior to releasing a student’s personal information for immigration enforcement purposes;
5. Contact information for the University’s Office of Equity, the University’s designated point of contact on immigration related matters; and
6. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of a family separation.

Western Washington University does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to university grounds or their immediate vicinity. University employees shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement. 

1. If a university employee observes /is contacted by any individual who attempts to engage in immigration enforcement on or near university grounds, including requesting access to a student, employee, or university grounds, employees shall immediately alert and direct the person to the University Police Department and/or Assistant Attorney General’s Office.
2. University employees shall immediately report receipt of any information request relating to immigration enforcement to the University Police Department and/or Assistant Attorney General’s Office who shall document the request.