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Protecting Undocumented Individuals and Immigration and Customs Enforcement on Campus (Interim)

Policy Administrator: Vice President of Administration/CFO

Authority: California Government Code Section 7232 and California Education Code Section 66093.3

Effective Date: April 24, 2019

Updated: February 15 ,2017 (Interim), April 18, 2019

Index Cross-References: FS 18/19-122/FPC/EX

Policy File Number: ADM-0183

PROTECTING UNDOCUMENTED INDIVIDUALS AND IMMIGRATION AND CUSTOMS ENFORCEMENT ON CAMPUS (INTERIM)

Policy Statement:

California State University, Sacramento is proud of the diversity of its students and employees and strives to foster a campus community that is safe, inclusive, and welcoming for everyone. Sacramento State is committed to protecting community members from intimidation, unfair investigations, and loss of opportunity. 

Because of our commitment to all members of our campus community, the University will:

  • limit access to personal information about students, faculty, and staff to the limits of the law;
  • discourage collaboration with immigration agencies for nonenforcement activities;
  • advise students, faculty and staff with respect to what to do if an individual learns of immigration enforcement activity on Sacramento State’s campus or encounters immigration officers attempting to execute a federal immigration order on campus;
  • instruct the University Police Department as to how to respond to immigration enforcement actions;
  • instruct the President’s designee as to how to support any student, faculty, or staff person who may be   the subject of an immigration order or inquiry on campus; and
  • otherwise comply with AB 21.

Moreover, Sacramento State is dedicated to promoting an environment where no members of our community is hesitant or afraid to come forward to report crimes and/or otherwise cooperate with our University Police Department because of their immigration status, including fear of intervention by U.S. Immigration and Customs Enforcement agency (ICE).  The University Police Department is not an immigration enforcement agency and the University will not enter into agreements with local law enforcement agencies, or any other federal agency for the enforcement of federal immigration law, unless required by law. Moreover, the University Police Department complies with The California Values Act, SB 54.

Who the Policy applies to:

All students, faculty, staff, and administrators at California State University, Sacramento.

Why the Policy is necessary:

To promote the University’s commitment to diversity and inclusion, and to create a safe environment for the campus community which supports it educational mission.

Responsibilities:

The Vice President for Student Affairs, under the direction of the President, is responsible for compliance with this policy.

The Office of the President, under the direction of the President, is responsible for compliance with this policy.

The Senior Associate Vice President for Human Resources, under the direction of the President, is responsible for compliance with this policy.

The University Police Department Chief of Police, under the direction of the Vice President for Administration/CFO, is responsible for compliance with this policy.

Procedures:

Limitation on Access to Personal Information (VP of Student Affairs)

Consistent with federal, state, and local privacy law and the University’s own policies, the University limits access to personal information of students, faculty, and staff members. The University may release personal information:

  1. with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified;
  2. that may be legally disclosed under state and federal privacy laws;
  3. for the programmatic purpose for which the information was obtained;
  4. as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or
  5. in response to a judicial warrant, court order, or subpoena.

Discourage Collaboration with Immigration Agencies for Nonenforcement Activities (President’s Office)

The University strongly discourages collaboration with immigration agencies, including, but not limited to, ICE and Customs and Border Protection (CBP), for nonenforcement activities. Consistent with this policy, immigration agencies shall be strongly discouraged from attending job fairs or other campus events on Sacramento State’s main campus, located at 6000 J Street, Sacramento. Any requests for immigration agencies to collaborate with entities on campus to host or participate in campus events or to otherwise come to the Sacramento State campus for nonenforcement activities must receive approval from the President’s office prior to doing so.  This provision does not apply to requests by immigration officers for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities.

Individuals Subject to Immigration Order (Senior Associate Vice President for Human Resources)

  1. The SAVP of HR shall serve as the President’s designee and shall be the point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone.
  2. If the SAVP of HR has been notified or there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the VP of HR shall be responsible for notifying as soon as possible the emergency contact person for such individual.

The SAVP of HR shall be responsible for advising students, faculty, and staff:

  1. to notify the University Police Department upon learning that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order;
  2. to notify the University Police Department upon responding to or having contact with an immigration officer executing a federal immigration order and to refer any such entity or immigration officer to the University Police Department; and
  3. to notify the SAVP of HR if the individual has reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action.

3. The SAVP of HR is responsible for ensuring the availability of staff to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of the federal immigration actions.

Immigration Enforcement on Campus (University Police Department)

  1. The University Police Department shall serve as the President’s designee and shall be responsible for receiving and responding to any notifications related to immigration enforcement actions on Sacramento State’s main campus, Folsom Hall, and the Downtown location. The University Police Department shall be responsible for verifying the legality of any warrant, court order, or subpoena. Students, faculty, or staff are to notify university police as soon as possible upon:
  1. learning that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order; or
  2. responding to or having contact with an immigration officer executing a federal immigration order. In addition, students, faculty, and staff having contact with an immigration officer executing a federal immigration order shall refer the entity or officer to the University Police Department.

In the event any student, faculty, or staff is uncomfortable contacting the University Police Department for the purposes of providing notice, the individual may instead contact the SAVP of HR (or their designee) to provide such notice and the SAVP of HR (or their designee) will then be responsible for immediately notifying university police.

      2. The University Police Department shall receive and respond to any request from an immigration officer for access to nonpublic areas of the campus and University Police will only permit such access based upon the presentation of a valid judicial warrant. This provision does not apply to requests by immigration officers for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities.

      3. The University Police Department and its Officers:

  1. shall not use resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purpose;
  2. shall not inquire into an individual’s immigration status;
  3. shall not arrest detainees pursuant to federal warrants solely for violation of immigration laws;
  4. shall not arrest foreign nationals solely for alleged undocumented entry into the U.S.; and
  5. may only arrest individuals when there is probable cause to believe the individual has violated a state law, or a local ordinance, or a non-immigration-related federal statute, regulation or law for which a judicial warrant has been issued and detaining the individual would not otherwise violate any federal, state, or local law, or any local policy.

List of Legal Services Providers (VP of Student Affairs)

The Dreamer Resource Center shall maintain a list of legal services providers who provide legal immigration representation to individuals, and to provide it free of charge to any and all students, faculty, or staff who request it.  The list shall include, but not necessarily be limited to, the organization’s name and contact number, email address, and office address.

Student Reenrollment and Reacquisition (VP of Student Affairs)

In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the university 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, and permit the student to be reenrolled at same status as departure, if and when the student is able to return to the university. It is the intent of the university in implementing this provision to make reasonable and good-faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports.

Approved by: Robert S. Nelsen, President         Date: April 24, 2019