2017-2018 Policy Library 
    
    Jun 16, 2019  
2017-2018 Policy Library [ARCHIVED CATALOG]

Interim Policy Governing Requests to Identify Undocumented Individuals on Campus


Category: Governance/Legal
Approved by:  President’s Executive Cabinet
Date Approved:  January 22, 2018
History:  Effective Date:  January 1, 2018, Revised:  N/A
Responsible Official:  General Counsel’s Office
 

Policy Statement

Pursuant to the “Access to Higher Education for Every Student” amendment to the California Education Code (AB 21), CMC must adopt a “sanctuary campus” policy by March 1, 2019 which would give certain protections to undocumented individuals on CMC’s campus.  The California Attorney General will develop a model policy.  Pursuant to Labor Code 90.2, by July 1, 2018, the Labor Commissioner will develop a template posting for employers to use to notify their employees of inspections of I-9 Employment Eligibility Verification documents.

Until the development of that model policy and template posting, as well as a coordinated 7C policy about the same, CMC has adopted this Interim Policy which seeks to balance the College’s obligations under state and federal law with the maximum protections it can provide to undocumented CMC community members (students, staff, and faculty).  Nothing in this Interim Policy is intended to contravene federal law or otherwise prohibit a CMC employee from complying with lawful requests pursuant to its participation in the SEVIS program (Student and Exchange Visitor Information System).

Entities Covered

All units of the College.

Contacts

Questions about this Policy may be addressed to the Office of General Counsel at (909)607-8966.

Definitions

“Undocumented Individual” means a non-US citizen present in the United States who does not have valid paperwork confirming that person’s current, legal ability to reside in the United States.  “Immigration Officer” means any local, state or federal law enforcement officer who seeks to enforce immigration laws.

College’s Response to Immigration Officials Requesting Access or Information Regarding Undocumented Individuals on CMC’s Campus

If Immigration Officials Seek to Enter Campus, or Have Entered Campus

If a CMC community member becomes aware that an Immigration Officer has entered or will enter the campus to execute a federal immigration order, the CMC student, staff, or faculty must:

  • Immediately contact Deputy General Counsel, Marcie Gardner, at 909-607-0348/mgardner@cmc.edu.  Alternatively, community members can contact General Counsel, Matthew Bibbens, at 909-607-8966/mbibbens@cmc.edu.  If neither can be reached, please immediately contact Campus Safety at 909-607-2000 and ask to speak with CMC’s On Call Dean.  The General Counsel’s Office will determine the validity of any warrant/signed consent presented by an Immigration Officer and advise the campus on the scope of permissible enforcement activities pursuant to the warrant.  A judicial warrant is generally required to access non-public areas of campus. 

The student, staff, or faculty may:

  • Ask the Immigration Official to show identification and provide a business card.
  • Request, but not require, the Immigration Official wait to conduct any activity until a representative from the General Counsel’s Office arrives to review the warrant/signed consent.
  • Document the activities of the Immigration Official, including videotape recording.

The student, staff, or faculty member should not:

  • Interfere with or prevent an Immigration Official from conducting immigration enforcement activities on campus.  You risk arrest for obstruction by doing so.
  • Attempt to determine the validity of a warrant/signed consent.

If Immigration Officials Seek Access to Information

If a CMC community member becomes aware that an Immigration Officer seeks access to information (such as documents, records, files), the student, staff, or faculty must:

  • Immediately contact Deputy General Counsel, Marcie Gardner, at 909-607-0348/mgardner@cmc.edu.  Alternatively, community members can contact General Counsel, Matthew Bibbens, at 909-607-8966/mbibbens@cmc.edu.  If neither can be reached, please immediately contact Campus Safety at 909-607-2000 and ask to speak with CMC’s On Call Dean.  The General Counsel’s Office will determine the validity of any warrant/signed consent presented by an Immigration Officer and advise the campus on the scope of permissible enforcement activities pursuant to the warrant.  A judicial warrant is generally required to access non-public areas of campus.

The student, staff, or faculty may:

  • Ask the Immigration Official to show identification and provide a business card.
  • Request, but not require, the Immigration Official wait to conduct any activity until a representative from the General Counsel’s Office arrives to review the warrant/signed consent.
  • Document the activities of the Immigration Official, including videotape recording.

The student, staff, or faculty should not:

  • Interfere with or prevent an Immigration Official from conducting immigration enforcement activities on campus.  You risk arrest for obstruction by doing so.
  • Attempt to determine the validity of a warrant/signed consent.

The office required to provide documents or information to an Immigration Official will adhere to the following:

  • Inquire whether the Immigration Official will accept copies in place of original documents.
  • Inquire whether it is acceptable for the CMC office to make the copies for the Immigration Official.
  • If the Immigration Official insists upon seizing original documents, inquire whether the CMC office is permitted to make a copy of the documents prior to their seizure.
  • Inquire about CMC’s later right of/ability to access seized documents.
  • Provide I-9 Employment Eligibility Verification forms and documents upon presentation of a Notice of Inspection.  If an Immigration Official intends to conduct an inspection of I-9 forms, CMC will provide notice to all current employees within 72 hours of receiving the Notice of Inspection, as well as provide hand-delivered notice of any results of the inspection to any affected employee within 72 hours of receiving notice of the results.  For other employment records, unless required under federal law, access will not be provided without a subpoena or judicial warrant.

CMC staff and faculty cannot disclose personal information about students, faculty and staff except:

  • With the consent of the person identified (or the person’s parent or guardian if the person is under age 18);
  • As may be legally disclosed consistent with state and federal privacy laws;
  • For the programmatic purpose for which the information was obtained;
  • As part of a directory that does not include residence addresses or individual course schedules and that the person has not elected to opt out of;
  • In response to a judicial warrant, court order, or subpoena.

If Immigration Officials Detain or Arrest an Individual

If a CMC community member becomes aware or suspects that an Immigration Officer has taken a fellow CMC student, faculty or staff member into custody because of an immigration enforcement action, the student, faculty or staff member must:

  • Immediately contact Deputy General Counsel, Marcie Gardner, at 909-607-0348/mgardner@cmc.edu.  Alternatively, community members can contact General Counsel, Matthew Bibbens, at 909-607-8966/mbibbens@cmc.edu.  If neither can be reached, please immediately contact Campus Safety at 909-607-2000 and ask to speak with CMC’s On Call Dean.  The General Counsel’s Office will take immediate steps to contact, or work with CMC’s Dean of Students or Human Resources Department to contact, the detained person’s emergency contact on file with CMC.

The student, staff, or faculty may:

  • Document the activities of the Immigration Official, including videotape recording.

The student, staff, or faculty member should not:

  • Interfere with or prevent an Immigration Official from conducting immigration enforcement activities on campus.  You risk arrest for obstruction by doing so.

If an undocumented student is detained, deported or unable to attend classes/fulfill academic requirements as a result of the actions of an Immigration Official pursuant to enforcement activities, CMC will make all reasonable efforts to assist the student in remaining eligible for financial aid, fellowship stipends, funding for research/projects, housing, or any other benefits awarded or received related to attendance at CMC.  CMC will also permit the student to re-enroll when the student is able to do so. 

Resources for Undocumented Persons

CMC has designated several staff members who will help support and provide resources to its community members who may be subject to an immigration order or inquiry on campus, as follows:

Susan Layden, Associate Dean of Students: Heggblade Center, 1st Floor, 909-607-8307
Dianna Graves, Dean of Students: Heggblade Center, 1st Floor, 909-607-8055
Jessica Alampay, Director of International Place: Heggblade Center, 1st Floor, 909-607-7868
Nyree Gray, Chief Civil Rights Office, Heggblade Center, 2nd Floor, 909-607-0347
Andrea Gale, Assistant Vice President for Human Resources, 528 N. Mills Ave., 909-607- 1236


Additionally, any member of the Dean of Students Office will provide a contact list of legal services providers who provide legal immigration representation.  The College does not endorse any specific legal services provider.