SS 18.01pr - Immigration Rights and Non-Discrimination : Procedure

1. Appointment of Responsible Designee

The president of Edmonds College is the designee responsible for satisfying the obligations in the Keep Washington Working Act (KWW) and the Edmonds College Immigrant Rights and Non-Discrimination Policy.  

In the event that the president is not available, the following members of the leadership team will act as authorized designees, in the order listed below:

1. Vice President for Human Resources

2. President's Administrator in Charge (AIC)

The president or acting designee may consult with the college's legal counsel, the Assistant Attorney General (AAG), if needed.

Edmonds College staff shall not share, provide, or disclose personal information about any person for immigration enforcement purposes without a court order or judicial warrant requiring the information's disclosure or approval by the Office of the President. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.

2.  Immigration Enforcement on College Grounds and Facilities

If anyone attempts to engage in immigration enforcement on or near Edmonds College grounds or facilities, including requesting access to a student, employee, or school grounds:

1. Staff or Volunteers:
   1. Employees should inform immigration enforcement authorities that they are not obstructing their process, but they need to follow the college's procedures to ensure compliance with state law by directing them to the appropriate authority on campus.
   2. Staff should keep computers and files locked and concealed.
   3. Staff shall immediately alert and direct the immigration agent or law enforcement to the Edmonds College Office of the President (located in Gateway Hall)
2. President of the College or Authorized Designee:
   1. The president or authorized designee shall require that any person desiring to communicate with a student, enter school grounds, or conduct an arrest first produce a valid court order or judicial warrant.
   2. The president or authorized designee shall verify and record the person's credentials (at least, badge number and name), record the names of all persons they intend to contact, collect the nature of their business at the school, and request a copy of the court order or judicial warrant for review. 
   3. The president or authorized designee shall review the court order or judicial warrant for signature by a judge and validity. For Edmonds College to consider it valid, any court order or judicial warrant must state the purpose of the enforcement activity, identify the specific search location, name the specific person to whom access must be granted, include a current date, and be signed by a judge.
   4. The president or authorized designee shall review written authority signed by an appropriate level director of an officer's agency that permits them to enter Edmonds College grounds or facilities, for a specific purpose. If no written authority exists, the president of Edmonds College or designee shall contact the  appropriate level director for the officer's agency to confirm permission has been granted to enter Edmonds College property for the specific purpose identified.
   5. Upon receipt and examination of the required information, the president of Edmonds College or designee will determine whether access shall be allowed to contact or question the identified individual.
   6. If the requestor is seeking access or information regarding a student under 18 years old, the president or authorized designee shall make a reasonable effort, to the extent allowed by FERPA, to notify the parent/guardian of any immigration enforcement concerning their student, including contact or interview.
   7. The president of Edmonds College or appropriate designee shall appoint an Edmonds College representative to be present during any interview. Access to information, records, or areas beyond that specified in the court order or judicial warrant shall be denied.
   8. The president of Edmonds College or appropriate designee shall record on a log:

• Date and time of activity
• Name of Enforcement Agent and Agency
• Type of legal document provided, ie., subpoena, administrative warrant, court order, judicial warrant
• Nature of business including name of person to whom access must be granted, purpose of activity, specific search location, date on authorization document 
• College designee who verified records and made decisions to allow or deny access.
• College must retain a copy of the subpoena/warrant. 

3. Gathering Immigration-Related Information

The college will only collect immigration or citizenship status information to the extent required by law. This includes the following limitations: 

1. Keep visa status information required for SEVIS (Student Exchange and Visitor Information System) separate from general enrollment or directory information. 
2. Collect only data required by law for determining residency status. Residency officer's written confirmation after reviewing appropriate documentation that a student meets applicable immigration status requirement(s) is considered sufficient proof of satisfaction of residency requirements to the extent consistent with state and federal law.
3. Use alternative data to the extent possible in lieu of immigration or citizenship status information.
4. Keep information related to a student's national origin that is legally required separate from the enrollment process and student's other records.
5. To the extent allowed by law, designate immigration information as transitory and dispose of such in accordance with records retention policy. 

4. Responding to Requests for Information

1. Edmonds College staff, other than the president or authorized designee, shall not share, provide, or disclose personal information about any person for immigration enforcement purposes.
2. Edmonds College staff shall immediately report receipt of any information request relating to immigration enforcement to the president of Edmonds College or authorized designee, who shall document the request. 
3. Edmonds College shall, to the extent allowed by FERPA or as otherwise advised by legal counsel, notify the student's parent(s) and/or guardian(s) of the request for information at the earliest extent possible.

5. Use of School Resources

At least once a year, students, parents, and guardians shall be informed of students' and families' rights, policies and resources shall include, at minimum;

1. The rights of immigrant students to education and, as required by law, accommodations. 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 Edmonds College, a list of the circumstances or conditions under which Edmonds College 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. Name and contact information for Edmonds College'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. 
7. Information about how the college will notify students in circumstances when immigration authorities may be present on campus for nonenforcement purposes, including the location and time of such activities (e.g. career fairs).

Civil Immigration Warrant 

Court Order

Federal Immigration Authority 

Immigration Status 

Judicial Warrant

Personal Information

RELATED POLICIES AND PROCEDURES
SS 18.0 Immigration Rights and Non-Discrimination Policy  

SS 4.0 Student Records-FERPA  

SOURCE INFORMATION
Keep Washington Working Act - Under the Keep Washington Working (KWW) Act, colleges and universities are prohibited from using their resources to support immigration surveillance or enforcement and must adopt a policy in order to ensure educational opportunities for all individuals without regard to national origin or immigration status while leaving immigration enforcement efforts to the federal government.

Colleges must designate individuals responsible for satisfying the obligations in the Keep Washington Working Act (KWW) and policy for Immigration Rights and Non-Discrimination. The individual(s) designated in the policy should be one or more high-level administrators at the college if it is not the president.

RCW 43.17.425 - Status

RCW 43.17.420 - Definitions

RCW 43.330.510 - KWW statewide group

RCW 43.10.310 - Enforcement Models-Adopted by Schools

RCW 43.17.425 - State Agency Restrictions

RCW 10.93.160 - LEA Restrictions

RCW 43.10.315 - Enforcement Models-Adopted by LEA

CONTENT OWNER. The primary responsibility for this policy belongs to:
Vice President for Enrollment and Student Services

PRIMARY CONTENT CONTRIBUTOR (Director/Dean)
Dean of Student Engagement and Support

REVIEW PERIOD
Annual review or sooner if needed (at least annually). Requires President's Leadership Team approval.

REVIEW HISTORY
2025-Jan 22  Approved by President's Leadership Team