State of California - Laws Regarding Immigration Enforcement

Why have some areas been designated as open to the public but not others?

• Federal law allows immigration enforcement officers to pursue enforcement actions in any public location. However, federal law does not allow an immigration enforcement officer to enter into non-public areas without a warrant or consent of the owner or person in control of the location. California’s law prohibits institutions of higher education from providing this consent.
• At Saint Mary’s, areas considered not open to the public include:
  • Residence Halls
  • Classrooms while classes are in session
  • Joseph L. Alioto Recreation Center
  • Internal employee office spaces
  • Physical & mental health offices (CAPS, Student Health Center, CARE)
  • Locked athletic facilities and all locker rooms
  • Restrooms and lactation rooms
     

Are cars parked on campus considered private?

• Generally speaking, no. Under a rule known as the “vehicle exception,” cars parked in public are not considered private and may be inspected by authorities without a warrant.
   

What if the immigration officer insists on being allowed access somewhere?

• You cannot consent to the officer’s request to be allowed access to nonpublic areas unless the officer presents a warrant, court order, or subpoena. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What if the authorities have a warrant or a subpoena?

• Saint Mary’s remains legally obligated to comply with judicial warrants presented by immigration officers authorizing their entry into non-public areas. As stated above, an administrative warrant does not grant an immigration enforcement officer the right to access non-public areas. A judicial warrant, on the other hand, does empower immigration officers to access non-public areas. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What if the authorities say it is an emergency?

• You still may not consent to the search. However, you should not attempt to physically prevent an immigration officer from entering a non-public area if the officer claims there is an emergency. In this context, a situation known as “exigent circumstances,” federal law allows law enforcement agencies to enter non-public areas without a warrant. If this were to occur, contact Campus Safety & Transportation at (925) 631-4282 immediately.
   

Could I get in trouble for asking to see a warrant or subpoena?

• California’s law prohibits Saint Mary’s College from consenting to warrantless entry by immigration officers to non-public areas. As such, Saint Mary’s, through its faculty and staff, is obligated to require immigration officers to present a warrant, court order, or subpoena prior to allowing them entry to non-public areas. 
   

What if I made a mistake and let an immigration officer into a non-public area?

• Ask the immigration officer to present a warrant. If the immigration officer does not present a warrant, inform the officer that they are in a non-public area and must leave. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What if I overhear someone talking about someone else’s immigration status?

• Counsel the individuals involved to take their conversation somewhere private. Advise the person that public discussion of an individual’s immigration status may expose the individual to immigration enforcement action. Also advise the person that unauthorized disclosure of another person’s personal information, including that person’s immigration status, is a violation of the Saint Mary’s Employee and Student Handbooks.
   

Do these obligations apply to off-campus spaces such as field trips?

• If the field trip is to a public space, federal law empowers immigration officers to conduct enforcement actions without a warrant or consent. Despite this, you should still request that the officer present a warrant. You must always, no matter where the incident occurs, immediately inform contact Campus Safety & Transportation at (925) 631-4282 if an immigration officer is expected to enter, will enter, or has entered a campus space, or if you have reason to believe that a student, faculty, or staff person has been taken into custody as a result of an immigration action.
• If you are traveling to the campus of another college or university in California as part of an intercollegiate activity, that institution will be bound by the same law prohibiting the institution from consenting to an immigration officer’s request to be given access to non-public areas of campus. Thus, places such as locker rooms, bathrooms, and other areas generally considered private may be off-limits to immigration officers absent a warrant.
• If you are traveling to the campus of another college or university outside California as part of an intercollegiate activity, California’s law will not apply. You should assume that the institution may consent to an immigration officer’s request to be given access to non-public areas of campus.
• If you are concerned about a particular off-campus visit, please contact Veronica Thomas, Chief Human Resources Officer (925-631-4530, vrt4@stmarys-ca.edu) or Nathan Johnson, Executive Director for Campus Safety and Transportation (925-631-8097, nj19@stmarys-ca.edu).
• Please do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What should I do if I am traveling with campus community members and we encounter an immigration checkpoint?

At an immigration checkpoint, you must comply with the immigration officer’s commands. However, you must immediately inform contact Campus Safety & Transportation at (925) 631-4282 if an immigration officer is expected to enter, will enter, or has entered a campus space, or if you have reason to believe that a student, faculty, or staff person has been taken into custody as a result of an immigration action.
 

Will Saint Mary’s provide my personal information to immigration enforcement officers?

Not unless ordered to in a warrant, court order, or subpoena. The law prevents Saint Mary’s employees from disclosing the personal information of its students, faculty, and staff to immigration enforcement officers except in response to a judicial warrant, court order, or subpoena.
 

Should I keep a list of those community members who I think need immigration-related assistance?

No.
 

What should I do if I think that someone needs assistance?

Provide the person with resources. 
 

Will Campus Safety officers help federal immigration officers apprehend and remove individuals from campus?

• Campus Safety’s role is to maintain a safe and secure environment at Saint Mary’s. It is not the role nor responsibility of Campus Safety to carry out other law enforcement or security operations, including the enforcement of federal immigration law.
• Campus Safety will not contact, detain, question, or arrest an individual on the basis of immigration status. Campus Safety will not undertake joint efforts with federal immigration enforcement authorities to investigate, detain, or arrest individuals for violation of federal immigration law.
• Nevertheless, if U.S. Department of Homeland Security officers such as Immigration and Customs Enforcement (ICE) or others present judicial warrants, court orders, or subpoenas to conduct immigration enforcement activities on campus, Campus Safety may be called in to represent Saint Mary’s, keep the peace, and prevent injuries or property damage.
• Saint Mary’s Campus Safety officers are non-sworn officers and considered staff of the College.
   

Whom should I contact with questions about Saint Mary’s position on enforcement of federal immigration law?

Please contact Veronica Thomas, Chief Human Resources Officer (925-631-4530, vrt4@stmarys-ca.edu) or Nathan Johnson, Executive Director for Campus Safety and Transportation (925-631-8097, nj19@stmarys-ca.edu).

What information constitutes personal information?

• The California law does not explicitly define personal information. In general, it would include any information protected by FERPA, including one’s immigration status. Saint Mary’s also considers the immigration status of one’s family members to be personal information. At a minimum, “personal information” also includes, but is not limited to, a person’s address, phone number, email address, course schedule, known associates, and student or personnel record.
   

What happens if a student discloses their immigration status information during a classroom discussion?

• Direct the conversation elsewhere. While the individual at issue is legally allowed to disclose this information, in general this is not an appropriate topic for the classroom, given the risk of re-disclosure.  Do not solicit, even indirectly, any additional personal information from that or any other student.
   

What happens if a student discloses another student’s or individual’s immigration status information during a classroom discussion?

• Inform the students that this is not appropriate behavior. Direct the discussion to other topics.
   

Can I ask students to consent to disclosure of their personal information where that information may be relevant to a classroom discussion or the course generally?

• In general, this approach should be avoided. While it may contribute to classroom discussion, one should carefully consider the risks of doing this.
   

Can I share the personal information of other faculty or staff?

• The law prohibits disclosure of personal information except as required by a warrant, court order, or subpoena.
   

What should I do if an immigration enforcement officer attempts to enter a non-public area of campus?

• Contact Campus Safety & Transportation at (925) 631-4282 immediately.
• Ask the immigration officer to present a warrant. If the immigration officer does not present a warrant, inform the officer that they are in a non-public area and must leave. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not physically attempt to stop an immigration officer.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What if a student discloses personal information to me?

• Keep this information to yourself and do not track it. If the student discloses personal information that implicates their immigration status, direct the student to the list of legal service providers who provide legal immigration representation and/or their allies.  
   

Who has a legitimate need to know personal information?

School officials who have a legitimate educational interest in the personal information are permitted access to this information. If you would like more information regarding appropriate disclosures, visit this page.

What should I do if an immigration enforcement officer attempts to enter a non-public area of campus?

• Contact Campus Safety & Transportation at (925) 631-4282 immediately.
• Ask the immigration officer to present a warrant. If the immigration officer does not present a warrant, inform the officer that they are in a non-public area and must leave. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not physically attempt to stop an immigration officer.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What should I do if I discover immigration enforcement officers in a non-public area, such as a residence hall or locker room?

• Contact Campus Safety & Transportation at (925) 631-4282 immediately.
• Ask the immigration officer to present a warrant. If the immigration officer does not present a warrant, inform the officer that they are in a non-public area and must leave. If the officer presents a warrant, court order, or subpoena, contact Campus Safety & Transportation at (925) 631-4282 immediately. Ask the immigration officer to wait in a public area for a response. Campus Safety will notify appropriate campus officials to review the warrant, court order, or subpoena.
• Do not physically attempt to stop an immigration officer.
• Do not attempt to verify the legality of any warrant, court order, or subpoena yourself.
   

What should I do if a resident or employee allows an immigration enforcement officer to enter the residence halls?

• Unless a College official who has reviewed the documents of the officer(s), consent is insufficient to allow the immigration enforcement officer to enter non-public areas. If you find an immigration enforcement officer in a non-public area, follow the steps outlined above.