New State of California Law Regarding Immigration Enforcement

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Dear Cal Lutheran Campus Community,

A new California law (AB 21, 2017) on immigration enforcement took effect on January 1, 2018. As we re-open for 2018, the University is now required to:

  • implement rules about access to personal information and the campus;
  • provide access to certain resources;
  • take certain actions if immigration enforcement is anticipated, and;
  • designate a school official responsible for implementing the steps above.

We want to make you aware of these state requirements and how the University is responding, though much is already in place through our current policy and practice. What follows is a summary of the new law requirements for all colleges and universities in California.

ACCESS TO PERSONAL INFORMATION & THE CAMPUS

Under the new state law, unless a disclosure is permitted by state and federal education privacy laws such as FERPA, faculty and staff are prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff with anyone, or revealing that personal information to anyone. As a reminder, under those privacy laws, internal disclosures are allowed for those with a legitimate need to know.

In addition, the University must require a judicial warrant to give access to non-public areas of campus for immigration enforcement. These non-public areas include:

  • Classrooms
  • Internal office spaces
  • PLTS, 2000 Center Street, Suite 200, Berkeley
  • Residence halls
  • Delaware Apartments (Berkeley)
  • Samuelson Chapel – all spaces
  • Counseling and Psychological Services (CAPS) – all spaces
  • Health Services – all spaces
  • Gilbert Sports and Fitness Center locker rooms
  • William Rolland Stadium locker rooms
  • All restrooms
  • Lactation rooms
REQUIRED RESOURCES

The University must maintain a contact list of legal services providers who provide legal immigration representation, and provide this list free of charge to all students who request it. In addition, the University must post on its website and provide via email each semester to all students, faculty, and staff guidance about their rights under state and federal immigration laws and how to respond to a federal immigration action or order. This information is posted on our website here.

According to the new state law:

  • If an undocumented student is detained, deported, or is unable to attend to his or her academic requirements due to a federal immigration order, the University shall assist the student in retaining any eligibility for financial aid, fellowship stipends, funding for research or other educational projects, housing stipends or services, and permit the student to re-enroll if and when the student is able to return to the University.
  • Ensure that staff are available to assist 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.

STEPS TO BE TAKEN IF ENFORCEMENT ACTION IS EXPECTED

The University must designate someone to serve as a “point of contact” for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Cal Lutheran’s designated person is President Chris Kimball, Office of the President, 805.493.3100, president@callutheran.edu.

All students, faculty, and staff should notify Campus Safety and Security (805) 493-3911 immediately if an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. Campus Safety and Security will contact the President’s Office as soon as they receive information of an immigration enforcement activity. All students, faculty, and staff at PLTS should notify Associate Dean Christopher Evans (510) 559-2737, who will also contact the President’s Office. Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.

If there is reason to suspect that a student, faculty, or staff person has been taken into custody because of an immigration enforcement action, the University must notify the person’s emergency contact that the person has been taken into custody. Please make sure that your emergency contact information is current by clicking on the "CLU Alert" tab in the MyCLU Portal.

 


FAQs for Cal Lutheran Immigration Guidance

Below are some questions, along with answers, you may have about the new law and how it affects the  Cal Lutheran community.  If you have a question but don’t find it below, or if you may be subject to an immigration order or inquiry, please contact the Office of the President at (805) 493 3100 or president@callutheran.edu. 

Many of the questions below refer to “warrants” presented by immigration enforcement officers.  Immigration enforcement officers use two kinds of warrants: administrative warrants and judicial warrants.  Administrative warrants do not empower immigration enforcement officers to enter nonpublic areas.  General questions about the difference between administrative and judicial warrants should be directed to the President’s office at (805) 493 3100 or president@callutheran.edu.  If you are presented with a warrant by an immigration enforcement officer, contact Campus Safety (805) 493 3911 immediately.  All references in the below FAQs to “warrants” refer to judicial warrants, unless specified otherwise.

General
Why have some areas been designated but not others?
  • Federal law allows immigration enforcement officers to pursue enforcement actions in any public location. However, federal law does not allow an immigration enforcement officer to enter into nonpublic areas without a warrant or consent of the owner or person in control of the location.  California’s new law prohibits institutions of higher education from providing this consent.
Nonpublic areas include:
  • Classrooms
  • Pearson Library
  • Internal office spaces
  • PLTS, 2000 Center Street, Suite 200, Berkeley
  • Residence halls
  • Delaware Apartments (Berkeley)
  • Samuelson Chapel – all spaces
  • Counseling and Psychological Services (CAPS) – all spaces
  • Health Services – all spaces
  • Gilbert Sports and Fitness Center locker rooms
  • William Rolland Stadium locker rooms
  • All restrooms
  • Lactation rooms
What about cars parked on campus? Are those private?
  • Generally speaking, no. Under a rule known as the “vehicle exception,” cars parked in public are not considered private and may be inspected by authorities without a warrant.  The Supreme Court of the United States is currently considering whether the vehicle exception applies to cars parked in nonpublic areas. 
What if the immigration officer insists on being allowed access to somewhere?
  • You cannot consent to the officer’s request to be allowed access to nonpublic areas unless the officer presents a warrant, court order, or subpoena. If the officer presents a warrant, court order, or subpoena, contact Campus Safety (805) 493 3911 immediately.  Campus Safety will contact the President’s office.  Ask the immigration officer to wait in a public area for a response. 
  • All students, faculty, and staff at PLTS should notify Associate Dean Christopher Evans (510) 559-2737, who will contact the President’s Office. 
  • Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What if I made a mistake and let an immigration officer into a nonpublic area?
  • Ask the immigration officer to present a warrant. If the immigration officer does not present a warrant, inform the officer that she or he is in a nonpublic area and must leave.  If the immigration officer does present a warrant, contact Campus Safety (805) 493 3911 immediately and ask the immigration officer to wait for a response in a public area.
  • All students, faculty, and staff at PLTSshould notify Associate Dean Christopher Evans (510) 559-2737, who will contact the President’s Office. 
  • Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What if I hear someone talking about someone else’s immigration status?
  • Counsel the individuals involved to take their conversation somewhere private. Advise the person that public discussion of an individual’s immigration status may expose the individual to immigration enforcement action.  Also advise the person that unauthorized disclosure of another person’s personal information, including that person’s immigration status, is a violation of the Administrative and Staff Handbook and is against Cal Lutheran policy. 
What if the authorities have a warrant or subpoena?
  • Cal Lutheran remains legally obligated to comply with judicial warrants presented by immigration officers authorizing their entry into nonpublic areas. As stated above, an administrative warrant does not grant an immigration enforcement officer the right to access nonpublic areas.  A judicial warrant, on the other hand, does empower immigration officers to access nonpublic areas.  If an immigration officer presents you with any kind of warrant, immediately contact Campus Safety (805) 493 3911 and ask the officer to wait in a public area for a response.
  • All students, faculty, and staff at PLTSshould notify Associate Dean Christopher Evans (510) 559 2737, who will contact the President’s Office. 
  • Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What if the authorities say that it is an emergency?
  • You still may not consent to the search. However, you should not attempt to physically prevent an immigration officer from entering a nonpublic area if the officer claims there is an emergency.  In this context, a situation known as “exigent circumstances,” federal law allows law enforcement agencies to enter nonpublic areas without a warrant.  You should still immediately contact Campus Safety (805) 493 3911 or, for PLTS, Associate Dean Christopher Evans (510) 559 2737.
Could I get in trouble for asking to see a warrant or subpoena?
  • California’s new law prohibits Cal Lutheran from consenting to warrantless entry by immigration officers to nonpublic areas.  As such, Cal Lutheran, through its faculty and staff, is obligated to require immigration officers to present a warrant, court order, or subpoena prior to allowing them entry to nonpublic areas. 
Do these obligations apply to off-campus spaces such as field trips?
  • However, if the field trip is to a public space, federal law empowers immigration officers to conduct enforcement actions without a warrant or consent.  Despite this, you should still request that the officer present a warrant.  You must always, no matter where the incident occurs, immediately inform Campus Safety (805) 493 3911 if an immigration officer is expected to enter, will enter, or has entered a campus space or if you have reason to believe that a student, faculty, or staff person has been taken into custody as a result of an immigration action.
  • If you are traveling to the campus of another college or university in California as part of an intercollegiate activity, that institution will be bound by the same law prohibiting the institution from consenting to an immigration officer’s request to be given access to nonpublic areas of campus. Thus, places such as locker rooms, bathrooms, and other areas generally considered private may be off-limits to immigration officers absent a warrant.
  • If you are traveling to the campus of another college or university outside California as part of an intercollegiate activity, California’s new law will not apply. You should assume that the institution may consent to an immigration officer’s request to be given access to nonpublic areas of campus. 
  • If you are concerned about a particular off-campus visit, please contact the Office of the President at (805) 493 3100 or president@callutheran.edu.
  • All students, faculty, and staff at PLTSshould notify Associate Dean Christopher Evans (510) 559-2737, who will contact the President’s Office. 
  • Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What should I do if I am traveling with Cal Lutheran community members and we encounter an immigration checkpoint?
  • At an immigration checkpoint, you must comply with the immigration officer’s commands. However, you must immediately inform Campus Safety (805) 493 3911 if you have reason to believe that a student, faculty, or staff person has been taken into custody as a result of an immigration action.
  • All students, faculty, and staff at PLTSshould notify Associate Dean Christopher Evans (510) 559-2737, who will contact the President’s Office. 
Should I keep a list of those Cal Lutheran community members who I think need immigration-related assistance?
  • No
What should I do if I think that someone needs assistance?
  • Direct them to the Office of the President at (805) 493 3100 or president@callutheran.edu, to CLU’s policy regarding AB 21, these FAQs, and to the list of immigration legal service providers located here.
Will Campus Safety officers help federal immigration officers apprehend and remove individuals from campus?
  • Campus Safety’s role is to maintain a safe and secure environment at Cal Lutheran.  It is not the role nor responsibility of Campus Safety to carry out other law enforcement or security operations, including the enforcement of federal immigration law. 
  • Campus Safety will not contact, detain, question, or arrest an individual on the basis of immigration status. Campus Safety will not undertake joint efforts with federal immigration enforcement authorities to investigate, detain, or arrest individuals for violation of federal immigration law.
  • Nevertheless, if U.S. Department of Homeland Security officers such as Immigration and Customs Enforcement (ICE) or others present judicial warrants, court orders, or subpoenas to conduct immigration enforcement activities on campus, Campus Safety may be called in to represent Cal Lutheran, keep the peace, and prevent injuries or property damage.
Will Cal Lutheran provide my personal information to immigration enforcement officers?
  • Not unless ordered to in a warrant, court order, or subpoena. The new law prevents Cal Lutheran from disclosing the personal information of its students, faculty, and staff to immigration enforcement officers except in response to a judicial warrant, court order, or subpoena.
Does the Department of Homeland Security’s policy on not pursuing immigration enforcement actions at “sensitive locations” ensure that immigration officers will not attempt to enforce federal immigration law at Cal Lutheran?
  • While the Department of Homeland Security (DHS) has not officially rescinded its policy against enforcement actions at “sensitive locations,” which includes colleges and universities, it appears that ICE is no longer uniformly complying with the policy.  In 2017, ICE officers conducted immigration enforcement actions at a number of “sensitive locations,” including near a homeless shelter, a hospital, a city hall, and an elementary school.
Whom should I contact with questions about Cal Lutheran’s position on enforcement of federal immigration law?
  • The Office of the President, which can be reached at (805) 493 3100 or president@callutheran.edu.
Will the Office of the President disclose any discussion I have with them to immigration enforcement officers?
  • Not unless ordered to in a warrant, court order, or subpoena. The new law prevents Cal Lutheran from disclosing the personal information of its students, faculty, and staff to immigration enforcement officers except in response to a judicial warrant, court order, or subpoena.
Does AB 21 mean that Cal Lutheran will not comply with ICE Notices of Inspection of I-9 Forms?
  • AB 21 does not allow or require Cal Lutheran to refuse to comply with Notices of Inspection issued by ICE.  Another new California law, AB 450, requires employers, including Cal Lutheran, who receive a Notice of Inspection from ICE to post a notice informing their employees of the Notice of Inspection.  No law, however, empowers Cal Lutheran to refuse to cooperate with a properly-noticed inspection of I-9 forms by ICE.
Does AB 21 require or allow Cal Lutheran to refuse to permit ICE access to the records it maintains regarding students holding F and J visas in connection with its participation in the Student and Visitor Exchange Program (SEVP)?
  • AB 21 does not affect Cal Lutheran’s rights or responsibilities regarding students holding F and J visas in connection with Cal Lutheran’s participation in the Student and Visitor Exchange Program.  As such, Cal Lutheran will continue complying with properly-issued site requests for review of records related to its participation in the Student and Exchange Visitor Program.
Faculty
What information constitutes personal information?
  • The new California law does not explicitly define personal information. In general, it would include any information protected by FERPA, including one’s immigration status. Cal Lutheran also considers the immigration status of one’s family members to be personal information.  At a minimum, “personal information” also includes, but is not limited to, a person’s address, phone number, email address, course schedule, known associates, and student or personnel record. 
What happens if a student discloses his or her personal information about his or her immigration status during a classroom discussion?
  • Direct the conversation elsewhere. While the individual at issue is legally allowed to disclose this information, in general this is not an appropriate topic for the classroom, given the risk of re-disclosure.  Do not solicit, even indirectly, any additional personal information from that or any other student.
What happens if a student discloses the personal information of another student during a classroom discussion?
  • Inform the students that this is not appropriate behavior. Direct the discussion to other topics.
Can I ask students to consent to disclosure of their personal information where that information may be relevant to a classroom discussion or the course generally?
  • In general, this approach should be avoided. While it may contribute to classroom discussion, one should carefully consider the risks of doing this. 
Can I share the personal information of other faculty or staff?
  • The law prohibits disclosure of personal information except as required by a warrant, court order, or subpoena.
What should I do if an immigration enforcement officer attempts to enter a nonpublic area of campus?
  • Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office. 
  • All faculty at PLTS should notify Associate Dean Christopher Evan (510) 559 2737.
  • Ask the immigration officer to present a warrant, court order, or subpoena.
    • If the immigration enforcement officer does not present a warrant, court order, or subpoena, do not consent to their entering the nonpublic area.
    • If the immigration officer does present a warrant, ask the officer to wait, in a public area, for a response from Campus Safety (or, in the case of PLTS, Associate Dean Christopher Evans). Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
Can I disclose a student’s personal information in the context of my personal political activities?
  • Disclosure of a student’s personal information is appropriate only where you have obtained the student’s consent (or, in the case of a minor, the student’s parent’s consent) and information, and disclosed the information, outside the context of your employment by Cal Lutheran.
Does classroom discussion constitute internal disclosure for purposes of this law?
  • Internal disclosure refers to administrative discussions.
Does office hour discussion constitute internal disclosure for purposes of this law?
  • Internal disclosure refers to administrative discussions.
Who has a legitimate need to know personal information?
  • School officials who have a legitimate educational interest in the personal information are permitted access to this information. If you would like more information regarding appropriate disclosures, please contact the Office of the President at (805) 493 3100 or president@callutheran.edu.
What if a student discloses personal information to me?
  • Keep this information to yourself. If the student discloses personal information that implicates her or his immigration status, direct the student to the list of legal service providers who provide legal immigration representation.  That list is located here.  Inform the student that CLU has designated the Office of the President as its point of contact for immigration-related issues.  The Office of the President may be reached at (805) 493 3100 or at president@callutheran.edu.
Staff
What should I do if an immigration enforcement officer attempts to enter a nonpublic area of campus?
  • Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office. 
  • All staff at PLTS should notify Associate Dean Christopher Evan (510) 559 2737.
  • Ask the immigration officer to present a warrant, court order, or subpoena.
    • If the immigration enforcement officer does not present a warrant, court order, or subpoena, do not consent to their entering the nonpublic area.
    • If the immigration officer does present a warrant, ask the officer to wait, in a public area, for a response from Campus Safety (or, in the case of PLTS, Associate Dean Christopher Evans). Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What should I do if I discover immigration enforcement officers in a nonpublic area, such as a residence hall or other student housing?
  • Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office. 
  • All faculty at PLTS should notify Associate Dean Christopher Evan (510) 559 2737.
  • Ask the immigration officer to present a warrant, court order, or subpoena.
    • If the immigration enforcement officer does not present a warrant, court order, or subpoena, inform them that CLU does not consent to the search and ask them to leave.
    • If the immigration officer does present a warrant, ask the officer to wait, in a public area, for a response from Campus Safety (or, in the case of PLTS Associate Dean Christopher Evans). Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
Are all classrooms considered nonpublic areas for purposes of this policy?
  • Yes
Are libraries/gyms/other facilities at which members of the public can sign up for membership/access considered nonpublic areas for purposes of this policy?
  • Yes
Are event locations which require a ticket for entry considered nonpublic areas for purposes of this policy?
  • Federal courts treat such venues, even where members of the public must purchase tickets to gain admission, as public, at least for the purpose of determining whether attendees have a reasonable expectation of privacy.  Venues which are not open to the public may be nonpublic for purposes of California’s new law.  If you have questions about a particular event or venue, please contact the Office of the President at (805) 493 3100 or president@callutheran.edu.
What should I do if an off-duty immigration enforcement officer comes to a nonpublic area?
  • Treat the person as a member of the public. Ask them to leave the nonpublic area. If they do not, call Campus Safety (805) 493 3911 immediately.
What if I work in the Office of International Student Services? Are there special rules? How about for other departments?
  • Cal Lutheran participates in the Student and Exchange Visitor Program (SEVP) and is thus subject to an on-site review by an ICE field representative at any time to review required records for international students in F and J status. F and J sponsoring institutions are required to give SEVP and ICE certain information about F and J students, as a limited exception to FERPA.  Special regulations apply to students who are in the country on temporary F or J visas providing that they lack the same FERPA rights.  Cal Lutheran will narrow scrutinize any on-site request for review to ensure we only disclose the information to maintain F and J program compliance.  Note that visits are typically announced and scheduled in advance, and Cal Lutheran may restrict the visits to not disrupt its operations. 
  • The USA PATRIOT Act alsoallows exceptions to FERPA’s consent requirement by permitting nonconsensual disclosure of a student’s education records and personally identifiable information contained in education records in response to a judicial order based on the government’s assertion of terrorist activities.
  • In addition, ICE may review certain employment records for University employees who hold a H-1B, E-3, O-1 or other temporary visa petitions.
    • Please do not attempt to determine the legality of an exception. Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office.


Residence Life Staff

What should I do if an immigration enforcement officer attempts to enter a nonpublic area of campus?
  • Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office. 
  • All Residence Life employees at PLTS should notify Associate Dean Christopher Evan (510) 559 2737.
  • Ask the immigration officer to present a warrant, court order, or subpoena.
    • If the immigration enforcement officer does not present a warrant, court order, or subpoena, do not consent to their entering the nonpublic area.
    • If the immigration officer does present a warrant, ask the officer to wait, in a public area, for a response from Campus Safety (or, in the case of PLTS, Associate Dean Christopher Evans). Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
What should I do if a student allows an immigration enforcement officer to enter the residence halls or other student housing?
  • The student’s consent is insufficient to allow the immigration enforcement officer to enter nonpublic areas. If you find an immigration enforcement officer in a nonpublic area, follow the steps outlined above.
What should I do if I discover immigration enforcement officers in a nonpublic area, such as a residence hall?
  • Notify Campus Safety (805) 493 3911 immediately. Campus Safety will contact the President’s Office. 
  • All resident life staff at PLTS should notify Associate Dean Christopher Evan (510) 559 2737.
  • Ask the immigration officer to present a warrant, court order, or subpoena.
    • If the immigration enforcement officer does not present a warrant, court order, or subpoena, ask them to leave and inform them that CLU does not consent to the search.
    • If the immigration officer does present a warrant, ask the officer to wait, in a public area, for a response from Campus Safety (or, in the case of PLTS Associate Dean Christopher Evans). Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
DACA
Students Registered under Deferred Action for Childhood Arrivals (“DACA”)
What is the current status of the DACA program?
  • Repeal of the DACA program is currently subject to legal challenge. You can find information about the current status of that litigation here.
If DACA remains repealed, will Cal Lutheran report me to immigration enforcement?
  • No
Will Cal Lutheran provide any assistance to me if I am detained by immigration?
  • Cal Lutheran will make all reasonable efforts to assist you 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 you have been awarded or have received. Cal Lutheran will also permit you to be reenrolled if and when you are able to return to the university.  Please contact the Office of the President at (805) 493 3100 or president@callutheran.edu if you have any questions about this policy.
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