The Deferred Action for Childhood Arrivals (DACA) program provides work authorization and temporary relief from deportation for nearly 800,000 young people who arrived in the United States as children. The program has significantly increased opportunities for higher education, jobs, and enable individuals to contribute to their families and to their communities. However, under President Trump’s directive issued on September 5, 2017, the DACA program will be phased out over the next 6 months, and it will be up to Congress to legislate a replacement.

This means that Skyline College employees and students who currently have DACA status (often referred to as Dreamers) may be immediately affected. Skyline College stands ready to support and advocate for our campus community members who are affected by this change in policy.

Resources

• www.immi.org - online self-assessment to determine whether a person has a pathway to immigration status
• www.weareheretostay.org 
• www.informedimmigrant.com
• www.ilrc.org
• www.nilc.org

Frequently Asked Questions

Q:  What are undocumented students’ rights in higher education in California?

A:  According to the California Community College Chancellor’s office, “California Community Colleges are open to all students who meet the minimum requirements for admission, regardless of immigration status.”  For more information, the State Chancellor’s office has provided a resource page for undocumented students:  http://www.cccco.edu/ResourcesforUndocumentedStudents.aspx.

According to the January 11, 2017, SMCCD Board of Trustees resolution, “San Mateo County Community College District (SMCCCD) is an open access institution and supports, promotes, values, respects and protects all students and employees of the District, irrespective of their immigration status, or that of their families;”  For the full resolution, click here.

Q:  What rights does a student have if he or she is contacted by law enforcement or ICE?

A:  The U.S. Constitution guarantees rights to all people in the U.S., regardless of citizenship or immigration status, which includes the right to be free from unlawful searches and seizures. In practical terms, that means that during a law enforcement or immigration officer encounter, you have:

• the right to remain silent;
• the right to refuse consent to a search of your person, your vehicle, or your home without a valid warrant;
• the right to calmly leave the interaction if you are not under arrest;
• the right to ask to speak to an attorney if you are arrested.

We recommend that you read the resources provided below to learn more about your individual rights:

• The Immigrant Legal Resource Center has available a “red card” that you can carry with you with information on what you may say to an ICE agent: https://www.ilrc.org/red-cards
• The National Immigration Law Center has resources where you can read and learn about your rights: https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/
• For multi-lingual Know Your Rights materials please see: http://www.immdefense.org/icehome-and-community-arrests/
• The American Civil Liberties Union has information about your rights if you are stopped by law enforcement or immigration officers:  https://www.aclu.org/know-your-rights/.

Q:  What will happen if ICE comes on to campus?

A:  Although we do not expect ICE to come onto our campuses, if ICE does come onto campus, you should immediately report it to the President’s office and/or Public Safety, who will verify the officer’s legal authority to be present on campus and oversee the provision of any information to ICE officers.  Individual faculty and staff should not directly provide information to law enforcement officials without first receiving written permission from Admissions and Records or the General Counsel.

Q:  Are our campuses “sanctuary campuses”? Does it matter if they are?

A:  The Board of Trustees has declared our District a “safe haven.” This means that the District will “limit access to SMCCCD campuses and property to federal officials for the purposes of immigration enforcement, unless legally compelled to do so.”  The terms “sanctuary city” and “sanctuary campus” have no clear definition and do not confer any special rights. Thus, while the District does not use the term “sanctuary”, it is committed to ensuring the safety of its undocumented students, staff, faculty, and others who are a valued part of the District community.

Q:  What are faculty or staff advised to do if a student discloses that he or she is undocumented?

A: 
1) Reassure the student that their privacy is protected. According to the Board’s January 11, 2017 resolution, District employees must “protect student privacy and ensure confidentiality by prohibiting the release of information about a student’s immigration status to law enforcement and federal agencies unless legally compelled to do so;”  

2) Tell them they are not alone.  There are an estimated 3 million undocumented immigrants in CA.

3) Connect the student with resources through one of the District’s Dream Centers:

• Skyline College Undocumented Community Center
• College of San Mateo Dream Center
• Cañada College Undocumented Community Center

Q:  What can you do if you are feeling a lot of stress worrying about these changes and where can you go for help?

A:  If you are a student and find that you are impacted by the events and need support, Skyline College has free, confidential support services available to you:

• Psychological Services
• Undocumented Community Center

Q:  What is the District’s policy on providing student information to law enforcement?

Information related to the District’s students, such as contact information, transcripts, and location, is generally considered to be confidential under both federal law (FERPA - the Family Educational Rights and Privacy Act) and state law (Education Code Section 76200).  Common exceptions to this general rule include requests accompanied by student consent, a subpoena/warrant, or a court order.  In order to ensure that we properly safeguard confidential student information, all requests for such information should be directed to Admissions and Records.

Q:  What will faculty do if a third party, including law enforcement (e.g. police, immigration and customs enforcement, FBI), asks them to turn over records related to a student?

A:  The faculty are advised that they should not immediately release student records to any third party, including law enforcement.  Any such request should be directed to Admissions and Records, the central repository for all student records.  Admissions and Records will determine if the release of student records is required under federal or state law.

Q:  What will faculty do if a third party or law enforcement says they have a warrant or subpoena for student records?

A:  The faculty are advised that they should not immediately release student records to any third party, including law enforcement, even if they are presented with a warrant or subpoena. This request should be directed to Admissions and Records. Admissions and Records staff, together with the General Counsel, will review the warrant or subpoena.  Admissions and Records will determine if the release of student records is required under federal or state law.

Q:  What will faculty/staff do if a third party or law enforcement asks them to tell them where a student is on campus, i.e. what classroom a student is or will be in?

A:  The faculty/staff are advised that they should not disclose a student’s location to a third party, including law enforcement. A student’s class schedule is confidential information protected by FERPA and therefore a student’s location, i.e. the classroom where the student is or will be, is also confidential.  Accordingly, a request for a student’s location should be directed to Admissions and Records.

Q: What are faculty/staff advised to do if a law enforcement officer comes on campus?

A: If law enforcement officers, including ICE officers, come to the campus, faculty/staff are advised that they are able to request ID and proof they have obtained permission to conduct enforcement at a school, such as a written directive by a superior or a signed warrant. Some officers may not necessarily come in an easily identifiable uniform. Faculty/staff are able to ask if the law enforcement officers are conducting a lawful investigation. Faculty/staff are also able to request to see any paperwork they may have to search a certain area or arrest a person. Faculty/staff are asked to notify the President’s Office and Public Safety immediately if a law enforcement officer is attempting to access the campus.

Q: What are faculty/staff advised to do if a law enforcement officer contacts me via telephone about a student (or fellow employee)?

A:  If faculty/staff receive a phone call, faculty/staff are advised to make a written record of the phone conversation. They are advised to ask the third party to fax a written inquiry on letterhead to the General Counsel of the San Mateo Community College District.