This policy is adopted pursuant to the requirements of the Keep Washington Working Act (KWW), and limits 鈥渋mmigration enforcement to the fullest extent possible consistent with federal and state law . . . to ensure [Colleges and Universities] remain accessible to all Washington residents, regardless of immigration or citizenship status.鈥 The policy provides clarity about 黑料社鈥檚 (黑料社) role in ensuring educational opportunities for all individuals, while leaving immigration enforcement efforts to the federal government.

A.  Applicability of Policies Related to Immigration Enforcement

  1. 黑料社 adheres to all requirements of federal and state law.
  2. The provisions of this policy shall apply to 黑料社 and all college facilities, which include (but are not limited to) adjacent sidewalks, parking areas, sports facilities, student housing, and entrances and exits from said building spaces.
  3. 黑料社鈥檚 policies prohibiting participation or aid in immigration enforcement shall apply to enforcement activity against students and their families, employees, and volunteers.
  4. 黑料社 personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

B. Access to Schools

  1. 黑料社 does not exclude students from receiving an education or unlawfully discriminate against anyone because of their race, color, national origin, age, disability, gender identity, immigration or citizenship status, sex, creed, use of a trained dog guide or service animal by a person with a disability, sexual orientation, or on any other basis prohibited by federal, state, or local law.
  2. 黑料社 shall ensure that all college employees and volunteers are aware of the rights of immigrant students to an education.
  3. 黑料社 shall ensure that information reviewed to determine eligibility for in-state tuition or other benefits and any reporting requirements is limited only to the information necessary for residency determinations and in compliance with KWW and any other applicable state or federal laws.
  4. 黑料社 shall separate all information on individuals with foreign student visa status (F, J, and M visas) retained for the purpose of reporting to the Student Exchange and Visitor Information System (SEVIS) as part of the Student and Exchange Visitor Program from 黑料社鈥檚 system of record and all supplemental systems or other directory information.

C. Immigration Enforcement on School Grounds

  1. 黑料社 does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to school grounds or their immediate vicinity. 黑料社 employees shall direct anyone engaging, or intending to engage, in immigration enforcement, including federal immigration authorities with official business that must be conducted on school grounds, to the authorized designee prior to permitting entrance. 黑料社 employees shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.
  2. If anyone attempts to engage in immigration enforcement on or near 黑料社 grounds, including requesting access to a student, employee, or school grounds:
    1. Employees shall immediately alert and direct the person to the authorized designee who shall verify and record the person鈥檚 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, request a copy of the court order or judicial warrant, and log the date and time and forward the request to the Vice President of Administration and/or legal counsel for review.
    2. Employees shall request 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.
    3. The authorized designee and/or legal counsel shall review the court order or judicial warrant for signature by a judge and validity. For 黑料社 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 authorized designee and/or legal counsel shall review written authority signed by an appropriate level director of an officer鈥檚 agency that permits them to enter 黑料社 property for a specific purpose. If no written authority exists, the authorized designee and/or legal counsel shall contact the appropriate level director for the officer鈥檚 agency to confirm permission has been granted to enter 黑料社 property for the specific purpose identified.
    5. Upon receipt and examination of the required information, the authorized designee and/or legal counsel will determine whether access shall be allowed to contact or question the identified individual and shall communicate that decision to the Vice President of Administration and legal counsel.
    6. If the requester is seeking access or information regarding a student under 18 years old, the 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 authorized designee shall request the presence of an 黑料社 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.

D. Gathering Immigration Related Information

  1. 黑料社 employees shall not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person accessing services provided by, or in connection with, the school. 黑料社 employees shall not seek or require information regarding or probative of any person鈥檚 citizenship or immigration status where other information may be sufficient for 黑料社鈥檚 purposes. This does not prohibit residency officers or related employees from reviewing information from students or others on a voluntary basis in order to determine that a student is qualified for in-state tuition rates.
  2. 黑料社 policies and procedures regarding student records and privacy will be sent to all enrolled students at least annually in a manner that Limited English Proficient (LEP) individuals will understand.
  3. If 黑料社 is required to collect and provide information related to a student鈥檚 national origin (e.g., information regarding a student鈥檚 birthplace, or date of first enrollment in a U.S. school) to satisfy certain federal reporting requirements for special programs, prior to collecting any such information or reporting it, 黑料社 shall (except with respect to reporting requirements necessary for compliance with the Student and Exchange Visitor Program):
    1. If feasible, consult with legal counsel regarding its options, including alternatives to the specific program or documents accepted as adequate proof for the program.
    2. Explain reporting requirements to the student, in their requested language, including possible immigration enforcement impact.
    3. If moving forward with the collection of information, receive and collect written consent from the student.    
    4. Collect and maintain this information separately from the school/class enrollment process and students鈥 records in order to avoid deterring enrollment of immigrants or their children.
  4. When 黑料社 reviews information related to immigration status in order to make residency determinations, the residency officer鈥檚 written confirmation that a student meets any applicable immigration status requirement shall be considered sufficient written evidence that a student meets the requirements of RCW 28B.15.012. All other documents used to prove student or other individual immigration status, aside from those independently required by law to be kept, shall be designated as transitory and disposed of in accordance with 黑料社鈥檚 records retention policy. Any 黑料社 employee maintaining said information in any other way shall report their retention procedure and basis to the Vice President of Administration prior to collecting the information.

E. Responding to Requests for Information

  1. 黑料社 employees 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鈥檚 disclosure or approval by the authorized school designee, except as required by law. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.
  2. 黑料社 employees shall immediately report receipt of any information request relating to immigration enforcement to the authorized school designee, who shall document the request.
  1. 黑料社 shall, to the extent allowed by FERPA or as otherwise advised by legal counsel, notify the student鈥檚 parent(s) and/or guardian(s) of the request for information at the earliest extent possible.

 F. Use of School Resources

  1. 黑料社鈥檚 resources shall not be used to engage in, aid, or in any way assist with immigration enforcement.
  2. 黑料社鈥檚 resources and policies regarding immigration enforcement shall be published and distributed to students and their parent(s) or guardian(s) on an annual basis. These resources shall include, at a minimum;
    1. 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 黑料社, a list of the circumstances or conditions under which 黑料社 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鈥檚 personal information for immigration enforcement purposes;
    5. Name and contact information for 黑料社鈥檚 designated point of contact on immigration related matters; and
    6. 鈥淜now Your Rights鈥 resources and emergency preparedness forms to be completed in the event of a family separation.

G. Authorized School Designee Contact Information:

Nolan Wheeler

Vice President of Administration

(360) 442-2201
nwheeler@lowercolumbia.edu

Jason Arrowsmith

Director of Security

(360) 442-2270
jarrowsmith@lowercolumbia.edu

Sam Orth

Director of Human Resources

(360) 442-2124
sorth@lowercolumbia.edu

Definitions

鈥淐ivil immigration warrant鈥 means any warrant for a violation of federal civil immigration law issued by a federal immigration authority. A 鈥渃ivil immigration warrant鈥 includes, but is not limited to, administrative warrants entered in the National Crime Information Center database, warrants issued on ICE Form I-200 (Warrant for Arrest of Alien), Form I-205 (ICE Administrative Warrant), or prior or subsequent versions of those forms, which are not court orders.

鈥淐ourt order鈥 and 鈥渏udicial warrant鈥 mean a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the Washington Constitution or otherwise authorized under the Revised Code of Washington. A 鈥渃ourt order鈥 includes, but is not limited to, judicially authorized warrants and judicially enforced subpoenas. Such orders, warrants, and subpoenas do not include civil immigration warrants or other administrative orders, warrants, or subpoenas that are not signed or enforced by a judge or magistrate as defined in this section.

鈥凄别-颈诲别苍迟颈蹿颈别诲鈥 means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.

鈥淔-1 Visa鈥 is a United States (U.S.) visa for foreign national students who wish to attend educational institutions in the U.S., at these levels:

  • Private elementary school (non-U.S. citizens are not allowed to attend U.S. public elementary schools on an F-1 visa);
  • High school;
  • Seminary;
  • Conservatory;
  • University and college; and
  • Other institutions, such as a language training program.

鈥淔ederal immigration authority鈥 means any on-duty officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security (DHS) including, but not limited to, its sub-agencies, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), United States Citizenship and Immigration Services (USCIS), and any present or future divisions thereof charged with immigration enforcement. 鈥淔ederal immigration authority鈥 includes, but is not limited to, the Enforcement & Removal Operations (ERO) and Homeland Security Investigations (HSI) of ICE, or any person or class of persons authorized to perform the functions of an immigration officer as defined in the Immigration and Nationality Act.

鈥淚mmigration or citizenship status鈥 means the status as such has been established for such individual under the Immigration and Nationality Act.

鈥淛-1 Visa鈥 is the visa designated for students and exchange program participants who belong to: Au Pairs, Camp Counselors, Government Visitors, Interns, International Visitors, Physicians, Professors and Research Scholars, Short-term scholars, specialists in different areas, university students, secondary school students, teachers, trainees, and work and travel participants. Those who come to the U.S. under this visa program cannot bring dependents to the U.S.13

鈥淟anguage services鈥 include but are not limited to translation, interpretation, training, or classes. 鈥淭ranslation鈥 means written communication from one language to another while preserving the intent and essential meaning of the original text. 鈥淚nterpretation鈥 means the transfer of an oral communication from one language to another.

鈥淟aw enforcement agency鈥 or 鈥淟贰础鈥 means any agency of the state of Washington (state) or any agency of a city, county, special district, or other political subdivision of the state (local) that is a 鈥済eneral authority Washington law enforcement agency,鈥 as defined by RCW 10.93.020, or that is authorized to operate jails or maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.

鈥淟ocal government鈥 means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to, cities, counties, school districts, and special-purpose districts. It does not include sovereign tribal governments.

鈥淣otification request鈥 means a federal immigration authority鈥檚 request for affirmative notification from a state or local law enforcement agency of an individual鈥檚 release from the LEA鈥檚 custody. 鈥淣otification request鈥 includes, but is not limited to, oral or written requests, including DHS Form I-247A, Form I-247N, or prior or subsequent versions of those forms.

鈥淢-1 Visa鈥 is designed for students enrolled in vocational and non-academic education, excluding language courses. This includes, but is not limited to, technical courses, cooking classes, flight school, cosmetology, etc.

鈥淧ersonal information鈥 means names, date of birth, addresses, GPS [global positioning system] coordinates or location, telephone numbers, email addresses, social media handles or screen names, social security numbers, driver鈥檚 license numbers, parents鈥 or affiliates鈥 names, biometric data, or other personally identifiable information. 鈥淧ersonal information鈥 does not include immigration or citizenship status.

鈥淧ublic schools鈥 or 鈥淟ocal education agency鈥 means any and all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, and all institutions of higher education as defined in RCW 28B.10.016.

鈥淪ensitive location鈥 refers to the 2011 U.S. Immigration and Customs Enforcement (ICE) and 2013 Customs and Border Enforcement (CBP) policies, which categorize certain locations as sensitive locations that should generally be avoided for immigration enforcement purposes. Accordingly, 鈥渟ensitive location鈥 includes health facilities, places of worship, and schools.

鈥淪chool resource officer鈥 means a commissioned law enforcement officer in the state of Washington with sworn authority to uphold the law and assigned by the employing police department or sheriff鈥檚 office to work in schools to ensure school safety. By building relationships with students, school resource officers work alongside public school administrators and staff to help students make good choices. School resource officers are encouraged to focus on keeping students out of the criminal justice system when possible and not impose criminal sanctions in matters that are more appropriately handled within the educational system.

鈥淪tate agency鈥 has the same meaning as provided in RCW 42.56.010.


Historical Information

  • Approved by the Executive Leadership Team: 6/18/2025
  • Reviewed by UMCC: 5/20/25
  • Reviewed by Governance Council: 5/14/25

Resources

Resource/Reference/Procedure Unit Responsibility
Handout: (黑料社 employee access only) Human Resources

 

 


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