John A. Nunes, PhD

State of California Law Regarding Immigration Enforcement

Dear Cal Lutheran Campus Community,

California law (AB 21, 2017) on immigration enforcement took effect on January 1, 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.

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 Vice President Matt Ward, Enrollment Management & Student Success, 805-493-3481, mward@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 Dr. Ward's office as soon as they receive information of an immigration enforcement activity. All students, faculty, and staff at PLTS should notify Associate Dean Leslie Veen (510) 559-2749, who will also contact Dr. Ward's officePlease 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 Vice President of Enrollment Management & Student Success at 805-493-3481 or mward@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 Office of the Vice President of Enrollment Management & Student Success at 805-493-3481 or mward@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.

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