Introduction
The information below is based on the “Guidance and Model Policies to Assist California’s Colleges and Universities in Responding to Immigration Issues” developed by the California Attorney General.
The College has created a single email address to provide any notification required below:
This notification will go to the Superintendent/President, Campus Counsel, Campus Police, the FERPA Compliance Officer, and other senior leadership.
Collecting and Retaining Student Information
- Santa Monica College shall treat all students equitably in the receipt of all school services, including, but not limited to, the gathering of student and family information for the institution’s benefit programs.
- The FERPA Compliance Officer shall maintain in writing college policies and procedures for gathering and handling sensitive student information, and appropriate personnel shall receive training regarding those policies and procedures.
- Santa Monica College will provide students and families with annual notice, at the beginning of each school year, of institutional policies for student privacy and the abilities of parents or eligible students to inspect student information.
- Santa Monica College will provide students an opportunity to opt out of disclosure
of directory information. Notices must describe the following:
- The kind of information that the school has identified as directory information;
- The eligible student’s ability to refuse to let the school designate the information as directory information, which could be disclosed to outside entities;
- The period of time in which the eligible student has to notify the school in writing that he or she does not want the information designated as directory information; and
- That opting out by the noted deadline is the students’ only way to prevent the release of directory information.
- Any sensitive information, such as a student’s, parent’s, or guardian’s SSN, any AB 540 determinations, or citizenship status information collected by the college or disclosed by the student, should be maintained only for as long as necessary.
- If the college possesses information that could indicate immigration status or citizenship status, college personnel shall not consider the acquired information in admissions decisions or access to educational courses or degree programs.
- Students may elect not to provide immigration or citizenship status information to the institution, and this election shall not impede admissions or enrollment in educational programs.
- College personnel shall not create a list of student names linked with immigration status.
- College police or security departments shall not inquire into an individual’s immigration status for immigration enforcement purposes.
- College police or security departments shall not aid any effort to create a registry containing individuals’ country of birth or based on any other protected characteristics of victims, witnesses, or suspects of crimes unless required by law for specified purposes.
Responding to Inquiries of Immigration Status, Citizenship Status, and National Origin Information
- Unless required by federal or state law, college personnel shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigration status, such as a green card, voter registration, a passport, or citizenship papers.
- Where any law contemplates submission of immigration status or citizenship status information to satisfy the requirements of a special program, college personnel shall not use that documentation or information for decisions related to admissions or enrollment in courses or degree programs.
- The college is not permitted to use immigration status, citizenship status, or national origin information in personal statements outside the application process, other than for legitimate educational interests, including the provision of a service or benefit relating to the student, such as health care, counseling, job placement or financial aid.
- If the college learns of a student’s immigration status through its application process (including the students’ personal statement or answers to personal insight questions), then the college shall create policies and procedures to protect such personal identifiable information and retain the information only to the extent it is necessary or required by law. The college shall avoid the disclosure of information that might indicate a student or family’s citizenship or immigration status if the disclosure is not authorized by the Family Educational Rights and Privacy Act (FERPA) or state law.
- Where permitted by law, the Admission’s Office shall enumerate alternative means to establish residency, age, or other eligibility criteria for enrollment or programs, and those alternative means shall include among them documentation or information that are available to persons regardless of immigration status or citizenship status, and that do not reveal information related to citizenship or immigration status.
- Examples of documents that can be used as proof of residency include but are not limited
to:
- Registering a motor vehicle operated in California;
- Obtaining a California driver’s license or California identification card;
- Filing a resident or nonresident California state income tax return;
- Listing a California address on a federal income tax return;
- Listing a permanent military address or home of record in California;
- A professional or vocational license obtained from a California state licensing agency (e.g., nursing, teaching credentials);
- Maintaining active resident memberships in California based professional organizations (e.g., police union, teachers’ union); and
- Where a college is permitted by law to request a minor student’s parent’s residency information in order to determine tuition or aid, the educational institution shall only require documentation or information that is available to persons regardless of immigration status (as noted above).
- Where residency, age, and other eligibility criteria for purposes of enrollment or any program may be established by alternative documents or information permitted by law or this policy, the college procedures and forms shall describe to the applicant, and accommodate, all alternatives specified in law and all alternatives authorized under this policy.
- Specifically, where the college must determine a student’s residency for purposes of in-state tuition, the college shall not inquire about a parent/guardian’s citizenship or immigration status, and shall enumerate alternative means of establishing a parent/guardian’s residency. If the student is considered a minor dependent of a California resident, the college shall only require documents to determine whether the parent has resided in California for one year (e.g. vehicle registration, lease agreements, etc.).
Responding to Requests for Access for Immigration Enforcement Purposes
- College personnel shall provide guidance and offer to campus employees training addressing
law enforcement access to campus buildings. This guidance shall include the following
required topics:
- Instructions that law enforcement officers cannot enter non-public areas of the College to make arrests without a judicial warrant, valid consent, or exigent circumstances.
- Instructions that College personnel, including campus police, cannot consent to the entry into College property for the purpose of a search or arrest, but a judicial warrant or exigent circumstances may authorize officer entry without consent.
- Campus police contact information to report concerns about the presence of officers engaged in immigration enforcement on any campus property.
- Samples of warrant and subpoena documents that could be used for access onto campus property, or to seize or arrest students or other individuals on campus.
- Sample responses for building personnel to use in response to officers seeking access for immigration enforcement purposes that avoids classroom interruptions, and that preserves the peaceful conduct of the school’s activities.
- College personnel shall advise all students, faculty, and staff to immediately notify the office of the Superintendent/President, or designee, if they are advised that an officer engaged in immigration enforcement is expected to enter, will enter, or has entered the campus for immigration enforcement purposes. Campus police should also be notified as soon as possible.
- No personnel may consent to entry of college facilities or portions thereof.
- College personnel shall advise all students, faculty, and staff responding to or having contact with an officer engaged in immigration enforcement executing an immigration order, to refer the entity or individual to the office of the Superintendent/President, or designee, for purposes of verifying the legality of any warrant, court order, or subpoena.
- If the officer declares that exigent circumstances exist and demands immediate access to the campus, college personnel should not refuse the officer’s orders and immediately contact the designated administrator or campus police liaison.
- The office or designee of the Superintendent/President shall determine what type of
authorization is being provided to support the officer’s request for access:
- A U.S. Immigrations and Customs Enforcement (ICE) “warrant”: Immediate compliance is not College personnel shall inform the officer that he or she cannot consent to any request without first consulting with Campus Counsel. Provide copy of the warrant to Campus Counsel as soon as possible.
- A federal judicial warrant (search-and-seizure warrant or arrest warrant: Prompt compliance with such a warrant is usually legally required, but where feasible, consult with the Campus Counsel before responding.
- A subpoena for production of documents or other evidence: Immediate compliance is not Inform the officer that the college cannot respond to the subpoena until after it has been reviewed by Campus Counsel. Provide a copy of the subpoena to Campus Counsel as soon as possible.
- A notice to appear: This document is not directed at the college. College personnel is under no obligation to deliver or facilitate service of this document to the person named in the document. If you get a copy of the document, give it to Campus Counsel soon as possible.
- College should not attempt to physically interfere with an officer, even if the officer appears to be acting without consent or exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, college personnel shall make a record of the contact and forward the information to the office of the Superintendent/Chancellor.
- In making record of the contact with an immigration enforcement officer, college personnel
shall provide the following information:
- Date and time of the contact;
- Name of the officer, and, if available, the officer’s credentials and contact information;
- Identity of all school personnel who communicated with the officer;
- Details of the officer’s request;
- Whether the officer presented a warrant, subpoena, or court order to accompany his/her request, what was requested in the warrant/subpoena/court order, and whether the warrant/subpoena/court order was signed by a judge;
- College personnel’s response to the officer’s request;
- Any further action taken by the immigration officer; and
- Photo or copy of any documents presented by the agent.
- College personnel shall provide a copy of those notes, and associated documents collected from the officer, to the Campus Counsel.
- In turn, Campus Counsel shall submit a timely report to the Superintendent/President, the Board of Trustees, and to the Chief of Police regarding the officer’s requests and actions and the college’s response.
Responding to Request for Access to Student Records for Immigration Enforcement Purposes
- The College must obtain a student’s written consent before disclosing educational records, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information for immigration enforcement purposes; no student information shall be disclosed for immigration enforcement purposes without a court order or judicial warrant even if it is directory information. Without a court order or a judicial warrant, written consent must be signed and dated by the student, or (if the student is a minor) by the student’s parent(s) or guardian(s), before disclosure of the information, and must specify the records that may be disclosed, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made. If desired by the student, the college must provide a copy of the records to be released. The party to whom the information is disclosed may not redisclose the information to any other party without the prior consent of the student or subsequent court order.
- College personnel shall develop a written policy for interactions with immigration
authorities seeking to review student records. At minimum, such policies shall include
the following information:
- Contact information FERPA Compliance Officer for the correct person to review and respond to a request for student records.
- Access to sample warrant and subpoena documents that could be used for access onto campus property, or to seize or arrest students or other individuals on campus.
- College personnel shall provide a set of responses for building personnel to use in response to officers seeking access to records for immigration enforcement purposes.
- In addition to notifying the designated campus official, college personnel shall take
the following action steps in response to an officer other than campus police requesting
access to student records:
- Ask for the officer’s name, identification number, and agency affiliation;
- Record or copy this information;
- Ask for a copy of any warrants;
- Inform the officer that you are not obstructing his or her efforts but that you need to contact Campus Counsel for assistance.
- Campus police shall not provide personal information about an individual for immigration
enforcement purposes, unless required by a court order or judicial warrant. “Personal
information” is defined as any information that
- identifies or describes an individual, and includes but is not limited to, a student’s physical description, home or work address, telephone number, education, financial matters, medical or employment history, and statements made by, or attributed to, the individual.
- This restriction does not apply to information regarding the immigration or citizenship status of an individual.
- Unless college is served with a judicial subpoena or court order that by its terms prohibits disclosure to the student, the student must be notified of any judicial order or subpoena before the institution complies with the order in accordance with FERPA.
Responding to Immigration Actions Against Students or Family Members
- If there is reason to suspect that a student, faculty member, or staff person has been taken into custody as the result of an immigration action, College personnel shall notify the person’s designated emergency contact that the person may have been taken into custody.
- College personnel shall designate a staff person as a point of contact for any student, faculty member, or staff person who may or could be subject to an immigration order or inquiry.
- College personnel shall not discuss the personal information, including immigration status information, of any student, faculty member, or staff person with anyone, or reveal the personal information to anyone, unless disclosing this information is permitted by federal and state law.
- College personnel shall maintain a contact list of legal service providers who provide legal immigration representation and provide this list free of charge to any student who requests it. At minimum, the list shall include the legal service provider’s name and contact number, e-mail address, and office address.
- If a student is detained or deported, or is unable to attend to his or her academic requirements because of an immigration order, College personnel shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received subject to and in compliance with its policy.
- College personnel shall permit a student who is subject to an immigration order to reenroll if and when the student is able to return to the college, subject to and in compliance with its policy and will make reasonable and good-faith efforts to provide for a seamless transition in the student’s reenrollment and reacquisition of campus services and support.
- College personnel shall be available to assist by providing information to any student, faculty, and staff who may be subject to an immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of immigration enforcement actions.
Sample Immigration Forms and How to Respond
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Immigrations and Customs Enforcement “Arrest Warrant” (Form I-200) An ICE administrative “warrant” is the most typical type used by immigration enforcement officers. Such a document authorizes an immigration enforcement officer to arrest a person suspected of violating immigration laws. An ICE warrant can be issued by any authorized immigration enforcement officer. An ICE administrative warrant is not a warrant within the meaning of the Fourth Amendment to the U.S. Constitution, because an ICE warrant is not supported by a showing of probable cause of a criminal offense. An ICE warrant is not issued by a court judge or magistrate. An ICE warrant does not grant an immigration enforcement officer any special power to compel college personnel to cooperate with his or her requests. For example, an ICE warrant does not authorize access to nonpublic areas of a college . An ICE warrant alone does not allow an immigration enforcement officer to search college records. College personnel should not physically interfere with an immigration enforcement officer in the performance of his or her duties. However, a college employee is not required to assist with the apprehension of a person identified in an ICE administrative warrant, nor is he or she required to consent to an immigration enforcement officer’s search of college facilities. In fact, a college that is a public employer may not provide voluntary consent to an immigration enforcement officer seeking access to a nonpublic area when presented with an ICE warrant. |
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Federal Search and Seizure Warrant (Form AO 93) A federal court warrant is issued by a district judge or a magistrate judge of a U.S. District Court, based on a finding of probable cause authorizing the search or seizure of property, the entry into a nonpublic place to arrest a person named in an arrest warrant, or the arrest of a named person. There are two types of federal court warrants, a search-and-seizure warrant and an arrest warrant: A federal search-and-seizure warrant allows an officer to conduct a search authorized by the warrant (Appendix C). A federal arrest warrant allows an officer to arrest the individual named in the warrant. (Appendix D). Prompt compliance with a federal court warrant is usually required. Where feasible, however, college and university personnel should consult with the designated campus official or legal counsel before responding. |
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Department of Homeland Security Immigration Enforcement Subpoena (Form I-138) An administrative subpoena is a document that requests production of documents or other evidence, and (in the immigration enforcement context) is issued by an immigration enforcement officer. The administrative subpoena will contain the following information: file number, subpoena number, mailing address to which to mail the requested information, a list of the regulations that apply, the request for information, and the signature(s) of the agent(s). College personnel generally do not need to immediately comply with an administrative subpoena. If an immigration enforcement officer arrives with a pre-designated administrative subpoena, the college may decline to produce the information sought and may choose to challenge the administrative subpoena before a judge. Therefore, college and university personnel should immediately contact Campus Counsel upon receipt of a subpoena. |
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Federal Judicial Subpoena (Form AO 88B) A federal judicial subpoena is a document that asks for the production of documents or other evidence. The federal judicial subpoena will identify a federal court and the name of the judge or judicial magistrate issuing the subpoena, and may require attendance at a specific time and location and the production of prescribed records. As with an administrative subpoena, noted above, a college generally does not need to immediately comply with a federal judicial subpoena, and can challenge it before a federal judge in a U.S. District Court. College personnel should therefore immediately contact the designated campus official upon receipt of a federal judicial subpoena. |
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Notice to Appear Form (Form I-862) A Notice to Appear (NTA) is a charging document issued by ICE, CBP, or the United States Customs and Immigration Service (USCIS) seeking to commence formal removal proceedings against an individual before an immigration court. An NTA contains allegations made about a particular person’s immigration status. An NTA notifies an individual that he or she is expected to appear before an immigration judge on a certain date. An NTA does not authorize an individual’s arrest by immigration enforcement authorities or local law enforcement authorities. An NTA does not require college staff to take any action or grant an officer engaged in immigration enforcement any special power to compel the college to cooperate with the officer. An NTA does not authorize access to nonpublic areas of the campus. An NTA does not legally require college staff to allow authorities to search student or other school records. |