POL-U7100.03 Regarding Access to Non-Public Areas of Campus or Student Records for Immigration Enforcement Purposes

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Effective Date:

September 23, 2019

Approved by:

President Sabah Randhawa

Who does this policy apply to?

This policy applies to all University employees (and student-employees) contacted by U.S Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) or other third party seeking access to non-public areas of the university or university records for immigration enforcement purposes.

Overview

There is no overview for this policy.

Definitions

Non-public Areas

Areas of the university to which access is limited to authorized employees, students, visitors, and contractors. Non-public areas include: residential and recreational facilities, employee offices, classrooms, operational facilities and spaces (e.g., steam plant and mechanical rooms), and higher-risk facilities and spaces (e.g., laboratories, hazardous materials storage areas, and performance spaces).

Policy Statements

1. Students Are Not Required to Disclose Documentation Status

No additional description for this statement.

2. Employees Shall Not Collect Information about Immigration Status Unless Required by Law

No additional description for this statement.

3. Student Educational Records are Confidential

Employees are prohibited from releasing student educational records, or personally identifiable information contained in such records, to ICE, CBP or other third party immigration officials without written consent of the student, unless a legal exception to release such records applies.

Exception: WWU’s International Student and Scholar Services and Language and Culture Programs that work with international students’ Student Exchange and Visitor Information System (SEVIS) and immigration records may respond to requests from Department of Homeland Security or ICE officials for directory information or SEVIS data regarding WWU international students in F or J visa status.

4. Students May Opt Out of Directory Information

Any student may opt out of having their directory information (including their address) made available to others (see WAC 516-26-090). They can do so by contacting the Registrar’s Office (360-650-3432)

5. University Will Make Reasonable Efforts to Inform Students of Judicial Order or Subpoena

No additional description for this statement.

6. Signed Warrant Required for Removal or Interrogation of Students or Employees

ICE, CBP, or other third party immigration officials cannot interrogate a University student or employee or remove a University student or employee from University property, except in situations where such officials have a valid warrant signed by a judge. The valid warrant must:

  1. Properly identify the agency with authority to search or seize;
  2. Correctly identify the search location(s);
  3. Include the correct date and not be expired;
  4. Reference a specific person of interest, and if so, permit contact only with that specific person;
  5. Be signed by a judge.

7. Employees Shall Notify Director of Public Safety and/or Assistant Attorney General of Any Third Party Request to Access Non-public Areas of Campus or Student Records

Regardless of whether a valid warrant appears to be presented, University employees are to immediately notify the University’s Director of Public Safety and/or Assistant Attorney General's Office of any request by ICE, CBP or other third party immigration officials seeking access to non-public areas of the University or student educational records.

This provision applies to employees of Western on the University campus in Bellingham and at other Western satellite locations.

8. University Follows Relevant Best Practices, Under the Guidance and Oversight of the Vice President for Enrollment and Student Services

  1. To provide know-your-rights literature and, whenever possible, make sure that undocumented students know that if they are detained by ICE, they can and should insist on speaking with a lawyer before providing any information to ICE officials.
  2. To make available and distribute resources and informational guides for students and families who might be impacted by immigration actions. These resources are available at: www.wwu.edu/undocumented-students
  3. To take reasonable steps to educate and engage the University community about the needs and perspectives of undocumented students, and how to support undocumented students in a compassionate and sensitive manner.

Policy Information