С»Æ贫ý

Sanctuary College resolution

Access and opportunity for all

Letter from the Offices of Student and Academic Affairs

The С»Æ贫ý community is acutely aware of the challenges and uncertainties surrounding executive actions and federal legislation and their potential impact on our undocumented, DACAmented, immigrant, and international students and community members. While future developments remain uncertain, we stand firm in our commitment to ensuring that every member of our community feels safe, welcomed, and supported. Now more than ever, we reaffirm our dedication to supporting all students and safeguarding their rights and privacy.

At the heart of С»Æ贫ý is a commitment to diversity, equity, and inclusion. You, our students and staff, are at the heart of what we do, and your courage, resilience, and contributions inspire us daily to advance our mission of access and opportunity for all. These values are essential to the college’s mission, to our accreditation themes, to the Board’s goals and objectives, and to the college’s strategic plan. In alignment with these values, in 2016, the С»Æ贫ý Board of Directors adopted the designation of С»Æ贫ý as a “sanctuary college.” As a since 1987, Oregon has upheld a longstanding commitment to the safety, dignity, and human rights of all its residents, further reinforcing the college’s dedication to equity and social justice.

С»Æ贫ý strives to be a catalyst for positive change and a beacon of hope for our entire student body – a place that values dialogue, civic engagement, and learning. By continuing the steps outlined below and expanding pathways for equitable success across the college, we aim to empower all students to reach their full potential. This is the promise of educational access and opportunity that defines С»Æ贫ý – now and always.

Sincerely,

Vicky López Sánchez, Vice President of Student Affairs
Jennifer Ernst, EdD, Vice President of Academic Affairs

“Sanctuary College” resolution

On December 20, 2016, the С»Æ贫ý Board of Directors resolved to adopt the term “sanctuary college” to describe С»Æ贫ý’s commitment to supporting all students. Here is what that means:

1. С»Æ贫ý will uphold its legal obligation to protect the privacy rights of all students under the federal Family Educational Rights and Privacy Act (FERPA). We will not release non-directory student information unless legally compelled to do so, and may provide FERPA workshops to students to increase awareness of their rights under this law.
2. С»Æ贫ý Public Safety Officers do not and will not enforce federal immigration laws, as they do not have the legal authority to do so. Instead, they will remain committed to ensuring С»Æ贫ý is a safe environment for all. (It is against Oregon law for state and local law enforcement or public agencies (state and local government offices) in the state of Oregon to participate directly or indirectly in immigration enforcement without a judicial warrant.)
3. С»Æ贫ý is committed to engaging with partner organizations, state and local governments, and related agencies to collaborate on these key issues.
4. С»Æ贫ý will continue to provide in-state tuition rates to all students who otherwise satisfy С»Æ贫ý’s residency guidelines.
5. The С»Æ贫ý Foundation will continue to help ensure that students in our region have access to an outstanding education at С»Æ贫ý regardless of their ability to pay. Foundation staff will continue to work with donors interested in providing philanthropic support for the С»Æ贫ý DREAMers Scholarship for first-generation, low-income students who are ineligible to apply for federal financial aid.
6. С»Æ贫ý will work with appropriate community partners to foster access to support services for undocumented, DACAmented, immigrant, refugee, and international students. The college will continue to sponsor events, workshops, or listening forums to connect students to the resources and information they need. Additionally, С»Æ贫ý will elevate the DREAMers Resource Center as a central hub for these student populations, ensuring they have a dedicated space for support and guidance.
7. С»Æ贫ý will continue to build the college’s capacity for respectful and challenging dialogue across differences.

С»Æ贫ý procedure regarding immigration enforcement

In December 2016, the С»Æ贫ý (“С»Æ贫ý”) Board of Directors established С»Æ贫ý as a “sanctuary college” that prioritizes a safe and welcoming environment for all students, as laid out above.

In accordance with the designation of С»Æ贫ý as a sanctuary college, we affirm that access to С»Æ贫ý campuses by Immigration and Customs Enforcement (“ICE”) agents creates a risk of substantial disruption of the campus environment and to С»Æ贫ý’s mission to provide “access to quality education while advancing economic development and promoting sustainability in a collaborative culture of diversity, equity and inclusion.”

This procedure sets forth the steps that С»Æ贫ý staff will take if ICE seeks to engage in any type of immigration law enforcement at any С»Æ贫ý campus or center.

Definitions

These definitions are for the purposes of this С»Æ贫ý procedure and are not intended to reflect comprehensive legal standards.

1. “Exigent circumstances”: In general, exigent circumstances exist when a law enforcement officer has probable cause to believe that a criminal violation has occurred, but does not have sufficient time to secure a warrant before conducting a search or seizure. For the purposes of immigration enforcement on school campuses, the Department of Homeland Security (“DHS”) has deemed exigent circumstances to exist when:
   • The enforcement action involves a national security threat.
   • There is an imminent risk of death, violence, or physical harm to a person.
   • The enforcement action involves the hot pursuit of an individual who poses a public safety threat.
   • The enforcement action involves the hot pursuit of a personally observed border-crosser.
   • There is an imminent risk that evidence material to a criminal case will be destroyed.
   • A safe alternative location does not exist.
     (2021).
2. “FERPA”: FERPA refers to the Family Educational Rights and Privacy Act, the law that establishes the confidentiality of student educational records and the conditions under which those records can be released. С»Æ贫ý’s policies protect the confidentiality of all student information, and generally, student information cannot be released without a subpoena, a warrant, or prior consent of the student. See С»Æ贫ý Privacy Policies.
3. “ICE”: ICE refers to Immigration and Customs Enforcement, the federal agency within DHS that enforces all federal laws regarding border control, customs, trade, and immigration.
4. “Judicial Order”: An order signed by a duly authorized officer of the judicial branch. Such an order will have the following features:
   • A caption, near the top of the document, identifying the court that issued the order (typically the federal district court for the District of Oregon; and
   • A signature block, near the end of the document, including the name of the person who signs the order, and identifying that individual as a drudge, magistrate, clerk of court, or other person signing on behalf of a judge or magistrate.

   By contrast, an ICE form will identify ICE (or the Department of Homeland Security, which houses ICE) as the issuer of the document. And the signature block on an ICE form should not identify the person who signed as a judge or magistrate.

5. “Obstruction of law enforcement”: Generally, any act that interferes with an official seeking to carry out the administration of law enforcement can constitute obstruction of law enforcement. Obstruction of law enforcement includes, but is not limited to, acts intended to delay or prevent officers from carrying out a search or arrest, and the alteration or destruction of records. Obstruction of law enforcement is a criminal offense.
6. “Sanctuary college”: As indicated above, the Board of Directors established С»Æ贫ý as a sanctuary college. The Board of Directors provided the following context about the “sanctuary college” designation: “While it is important and responsible to acknowledge that the term ‘sanctuary college’ has no legal status and does not confer legal protection to students or their families, it none-the-less offers a powerful statement of support to some of our most vulnerable students and their families at this time of uncertainty.”
7. ““: Oregon has been a sanctuary state since 1987, standing for the safety, dignity, and human rights of all Oregonians. It was the first state in the nation to enact a law prohibiting state and local police and government agencies from assisting federal authorities with immigration enforcement. Over the decades, this law has been updated to enhance protections for immigrant communities. In 2021, the Sanctuary Promise Act (HB 3265) was passed to strengthen existing sanctuary laws. The Act improves safety measures for immigrant communities through additional support and ensures transparency and accountability regarding government interactions with federal immigration authorities. Oregon’s sanctuary laws are codified under ORS 180.805, 180.810, and 181A.820 to 181A.829.
8. “Subpoena”: A subpoena is a legally enforceable order to produce documents or to appear as a witness in a legal matter. ICE has the authority to issue subpoenas. A subpoena is a common type of judicial order.
9. “Warrant”: A warrant is a document issued by a judge that authorizes a law enforcement officer to make an arrest, search premises, or carry out some other action relating to the administration of law enforcement. In general, a warrant is required under the Fourth Amendment for a search or seizure in certain locations, unless exigent circumstances exist. A warrant is a common type of judicial order.

Procedures for С»Æ贫ý staff to follow regarding federal immigration enforcement authorities, including ICE enforcement on campus

In accordance with the directive of the Board of Directors, С»Æ贫ý staff will protect the privacy of student and staff information to the extent allowed under the law and FERPA. At the same time, С»Æ贫ý staff must not obstruct federal immigration enforcement authorities, including ICE or other immigration officials, or interfere with the administration of law enforcement, when they are required to allow access under the law. The following procedures establish the steps that С»Æ贫ý staff will take if any federal immigration enforcement authorities, including ICE, enter a С»Æ贫ý campus or center.

1. If an ICE agent or other immigration official enters a С»Æ贫ý campus or center seeking information or records about a student or staff,
   1. Staff should immediately direct the immigration officials to Public Safety. Public safety can be reached at 971-722-4902 (non-emergency) or 971-722-4444 (emergency).
   2. Staff should document the encounter in detail, including time and date, duration, what was requested, what was done by whom, and how the encounter concluded. Provide the documentation to Public Safety.
2. Staff shall not share any information about a С»Æ贫ý student with an ICE agent, including the student’s name, contact information, or schedule. Providing student information without a judicial order (warrant and/or a subpoena), or without the student’s prior consent, is a violation of FERPA and С»Æ贫ý policies. All requests from ICE for student information must be handled through Public Safety unless ICE asserts exigent circumstances as described in paragraph 5.
3. If an ICE agent seeks student information from Public Safety, staff in that office should attempt to verify the identities of federal immigration enforcement authorities by asking for the agent’s credentials or badge, ask about the purpose of the interaction, and ascertain whether a judicial order/warrant authorizes the federal officials to access the college and that it specifies the information or records that the ICE agent is seeking. A subpoena will provide a date by which records must be provided. Staff should respond to the subpoena in accordance with existing procedures, which are primarily managed through the Registrar’s Office. Staff should not share any student information or records that are not listed in the subpoena, nor should they share information without full review and decision by the Vice President of Student Affairs.
4. If an ICE agent enters a С»Æ贫ý campus or center with a warrant to conduct a search or seizure, staff shall request that the ICE agent contact Public Safety. Public safety can be reached at 971-722-4902 (non-emergency) or 971-722-4444 (emergency). If the ICE agent refuses to do so and insists on immediate enforcement of the warrant, staff may request to see the warrant and request to copy or photograph the order, but should allow the ICE agent to conduct the search or seizure. Absent a judicial order, exigent circumstances, or an emergency, employees and agents of С»Æ贫ý shall give federal immigration enforcement authorities no greater access to facilities operated by С»Æ贫ý than members of the general public. Staff shall make it clear that they do not consent to a search or seizure without authorized access by a judicial order. Again, staff should direct the ICE agent to Public Safety.
5. As indicated above, in the absence of limited exigent circumstances, ICE agents must have a subpoena or warrant in order to receive student information or records or to conduct a search or seizure. If an ICE agent asserts that exigent circumstances exist, and the ICE agent must immediately carry out a search or seizure, then С»Æ贫ý staff should cooperate with the ICE agent’s instructions. Staff shall immediately follow up on the issue with Public Safety.
6. At no time should С»Æ贫ý staff engage in the obstruction of law enforcement. As with all interactions involving law enforcement, staff should treat ICE agents with respect and professionalism. If an encounter is in any way uncomfortable, or if staff feel unsafe, ask the federal officials to wait and contact Public Safety for support in managing the situation at their non-emergency number: 971-722-4902. Any concerns about improper actions by ICE agents should be reported to Public Safety. Staff who choose not to follow these procedures and obstruct law enforcement may face personal legal consequences, including potential criminal charges.

Additional considerations regarding immigration enforcement matters

In addition to the directives above regarding ICE activity on campus, staff are directed as follows:

1. Staff, including Public Safety Officers, may not inquire about a student’s immigration status, nor may staff maintain records that are evidence of a student’s immigration status. Oregon law prohibits asking a person about their citizenship or immigration status information, “except as required by state or federal law, or as necessary to determine eligibility for a benefit a person is seeking.” Immigration status may be collected and maintained for international students and specific programs, where it is required for specific reasons. If there are other particular circumstances in which information about a student’s immigration status is relevant to specific С»Æ贫ý programs or services, staff must seek guidance from the Vice President of Student Affairs office before collecting the information.
2. С»Æ贫ý Public Safety Officers may not participate in the enforcement of federal immigration laws. It is against Oregon law for state and local law enforcement or public agencies (state and local government offices) in the state of Oregon to participate directly or indirectly in immigration enforcement without a judicial warrant.
3. ICE has the authority to seek С»Æ贫ý employment records in compliance with federal law. ICE may issue a “Notice of Inspection,” which compels the production of I-9 forms and other employment records. A Notice of Inspection should immediately be sent to the People Strategy, Equity and Culture (PSEC) department for response. No staff member outside of Human Resources will release employment records unless specifically instructed to do so by Human Resources.