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

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:

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:

 

a.  Staff or Volunteers:

 

i.     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.

 

ii.    Staff should keep computers and files locked and concealed.

 

iii.   Depending on when the interaction happens, responding staff shall take the following actions:

 

Between 8am and 5pm: Staff shall immediately alert the Office of the President. Upon confirmation from the President’s Office, they should direct the immigration agent or law enforcement to the Edmonds College Office of the President (located in Gateway Hall). If there is no answer at the President’s Office, the staff member should call Security, who will find the appropriate designee. 

 

After 5pm: Staff shall immediately alert Security, who will contact the President or appropriate designee. 

 

b.  President of the College or Authorized Designee:

 

i.     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.

 

ii.    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. 

 

iii.   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.

 

iv.   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.

 

v.     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.

 

vi.    If the requester 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.

 

vii.   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.

 

viii.   The President of Edmonds College or appropriate designee shall record on a log:

 

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: 

 

a.  Keep visa status information required for SEVIS (Student Exchange and Visitor Information System) separate from general enrollment or directory information.

 

b.  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.

 

c.  Use alternative data to the extent possible in lieu of immigration or citizenship status information.

 

d.  Keep information related to a student’s national origin that is legally required separate from the enrollment process and student’s other records.

 

e.  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

 

a.  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.

b.  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. 

c.  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 opportunity possible.

 

5. Use of School Resources

 

Edmonds College’s resources and policies regarding immigration enforcement shall be published on the college website, and shall include at a minimum:

 

a.  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;

 

b.  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;

 

c.  Policies regarding the retention and destruction of personal information;

 

d.  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;

 

e.  Name and contact information for Edmonds College’s designated point of contact on immigration-related matters;

 

f.  “Know Your Rights” resources; and

 

g.  Information about how the college will notify students in circumstances when immigration authorities may be present on campus for non-enforcement purposes, including the location and time of such activities (e.g., career fairs).