ICE & DACA Training Overview - Proper Steps When Confronted

What You Need to Know About ICE & DACA Training Presented By: Presented By: Donald J. Grady, M.S., PHR Chief Human Resources Officer Adam Pharris, Interim Chief of Police August 10, 2018 1

Overview of YCCDs viewpoint on ICE & DACA Understand what you need to know about ICE & DACA. The proper steps and procedures you should take if confronted by an ICE Agent on campus Discuss Frequently Asked Questions related to ICE & DACA Answer / clarify questions related to ICE & DACA 2

At YCCD, we believe that all students should be able to dream their dreams and achieve them And as educators, we believe that it is up to us to help every student achieve their educational goals Under the US Immigration and Customs Enforcement (ICE) and Deferred Action on Childhood Arrivals (DACA) based on mandates from ICE, a visit may occur on our campuses This workshop will cover the steps and procedures you should take if confronted by an ICE Agent on Campus 3

The following steps and procedures you should take if confronted by an ICE Agent on campus: 1. If an immigration officer seeks your consent to enter limited access space or requests information or documents from you about another individual, take steps to ensure that you have authority to provide the requested access, information or documents. 2. Ask the officer for their name, identification number and agency affiliation; ask for a copy of any warrant they may have, inform the officer that you are not obstructing their process but need to contact District Office/HR and/or Campus Police for assistance. 3. while waiting for a Campus Police Officer or District Counsel/HR. You should not allow Special Agents into restricted areas, but rather make them comfortable 4. Limit questions and answers by stating you are not authorized to give consent to enter restricted areas or respond to questions. Special Agents are trained professionals and being overly talkative is not recommended. In some cases the Special Agents may seem threatening, aggressive, or difficult, however there is no need to panic. In other cases, the pair of agents could begin a game of good cop/bad cop right there in the lobby. You should keep calm and contact Campus Police or District Counsel/HR right away. 4. 4

The following steps and procedures you should take if confronted by an ICE Agent on campus: 5. If the Special Agent is still aggressive, inform him/her that the District has protocols in place to make sure government inquiries are addressed in a timely manner and request that you be allowed to follow them. On the other hand if the agent is very chatty, keep in mind he/she is really not a friend and there is no need to sit down and engage in conversation. Keep the answers short and direct until Campus Police or District Counsel/HR arrives. 6. Keep in mind, you should be polite and professional no matter your political beliefs and contact the District Office and/or Campus Police Department. 7. Most of you may not know what to look for in determining if an issued warrant is valid or not. This assessment would be best given by District Counsel/HR or the Campus Police Department. Unless District Counsel/HR is onsite a Campus Police Officer will need to make the decision if the warrant/subpoena or request is valid. 5

Question: Will Campus Police Officers work with federal immigration officers to apprehend and remove individuals from campus for the sole purpose of enforcing federal immigration laws? 6

ANSWER: No secure environment to support the Districts research, education and public service missions. Campus Police Departments will not divert their resources from this mission in order to enforce federal immigration laws. ANSWER: No. . Campus Police are devoted to maintaining a safe and Campus police officers will not contact, detain, question or arrest an individual solely undocumented immigration status or to discover the immigration not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law. Campus police officers will not contact, detain, question or arrest an individual solely on the basis of undocumented immigration status or to discover the immigration status of any individual, and Campus not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law. on the basis of suspected suspected status of any individual, and Campus Police will Police will 7

Question: Can the District prevent federal immigration enforcement officers from coming on campus. 8

ANSWER: Generally, no. District property is open to the general public. The District does not have authority to prohibit federal immigration enforcement officers from coming on campus or entering facilities to enforce federal law. The areas on campus that are open to the general public are also open to federal immigration enforcement officers. ANSWER: no. The campuses are open to the public and a large portion of However, public access is limited in certain areas of the campuses and property because of privacy concerns, operational needs or safety considerations. Campus buildings and spaces in which access is physically restricted, such as by key card, locked doors or monitored entryways, fall into this category. Limited access spaces also include some that may normally be left unlocked during the workday, including, for example, administrative or faculty offices, classrooms while classes are in session, locker rooms, research laboratories, kitchens and food preparation areas, maintenance areas, storage facilities and physical plant operations. 9

ANSWER ( Campus employees are not required to affirmatively assist federal immigration authorities or grant permission to enter limited access space when officers do not have a judicial warrant to enter, and it is appropriate to seek guidance from District Counsel/Police to understand your duties in particular circumstances. However, federal law prohibits you from hiding evidence, concealing or hiding individuals who are the subjects of law enforcement activity, or interfering with an arrest. danger. ANSWER (Cont Cont): ): However, federal law prohibits you from hiding evidence, concealing or hiding individuals who are the subjects of law enforcement activity, or interfering with an arrest. Further, you should not put yourself in physical danger. Further, you should not put yourself in physical 10

Question: What if federal immigration enforcement officers might seek access to the campus, and what authority do they have? 11

ANSWER: The immigration officers who seek to apprehend and remove (or deport ) an individual unlawfully present in the United States are most often officers of U.S. Immigration and Customs Enforcement (ICE), who are part of the agency s Enforcement and Removal Operations (ERO). U.S. Customs and Border Protection (CBP) officers could also seek to apprehend and remove individuals on certain campuses. ANSWER: 12

ANSWER (Cont.): These ICE and CBP officers work for the Department of Homeland Security (DHS) and they are typically acting on civil, not criminal, authority. The warrants these officers carry to apprehend individuals are generally administrative warrants that do not authorize officers to enter limited access areas of the consent. ANSWER (Cont.): The warrants these officers carry to apprehend individuals are generally administrative warrants that do not authorize officers to enter limited access areas of the Campus consent. Campus without without 13

ANSWER (Cont.): In some cases, ICE and CBP officers may be exercising criminal enforcement powers or may work with criminal law enforcement officers who may present a criminal arrest or search warrant that gives them greater authority to enter Campus premises that are not open to the general public. Execution of judicial warrants does not require consent. ANSWER (Cont.): 14

Question: What should I do if a federal immigration enforcement officer presents me with a warrant? 15

ANSWER: If you are presented with a warrant by a federal ICE officer seeking to enter limited access areas of your workspace on Campus property, take steps to ensure that the immigration enforcement officers have authority to enter the property before admitting them. As noted above, civil and administrative warrants do not without consent, but a criminal search or arrest warrant may authorize entry without consent. ANSWER: do not authorize entry 16

ANSWER (Cont.): ANSWER (Cont.): Because it can be difficult to distinguish among different kinds of warrants, ask the officer for their name, identification number and agency affiliation; ask for a copy of the warrant or subpoena presented, inform the officer that you are not obstructing their process but need to consult with Campus Campus ask the officer for their name, identification number and agency affiliation; ask for a copy of the warrant or subpoena presented, inform the officer that you are not obstructing their process but need to consult with Campus Counsel/Police Campus Counsel/Police. Counsel/Police for assistance, and contact Counsel/Police. for assistance, and contact 17

Question: What should I do if a federal officer asks me for or gives me a subpoena for personally identifiable private information or records about a student or employee? 18

ANSWER: ANSWER: Personal and personally identifiable information in Campus records, and those records themselves, are protected by a wide variety of privacy laws (Family Education Rights & Privacy Act [FERPA], Health Insurance Privacy and Accountability Act [HIPAA] and Confidentiality of Medical Information Act [CMIA], to name a few). As a Campus employee, you are required to maintain the confidentiality of personal and personally identifiable information, and records containing such information. 19

ANSWER (Cont.): ANSWER (Cont.): A campus would generally require federal immigration enforcement officers and other law enforcement officers to produce a valid subpoena authorizing the disclosure of student or patient records that contain personal or personally identifiable information. Federal officers generally have no greater access to student or other Campus records than any member of the public unless they have a valid subpoena. 20

If you receive a request for personal or personally identifiable information or records containing such information, or if a federal immigration enforcement (ICE) officer gives you a warrant or subpoena seeking such records or information, you should immediately information and records they have requested. immediately give them the YES or NO 21

You should take steps to ensure that you have authority to provide access to the specified records or information. their name, identification number and agency affiliation; ask for a copy of any warrant or subpoena presented, inform the officer that you are not obstructing their process but need to contact Campus Counsel/Police. take steps to ensure that you have authority to provide access to the specified records or information. Ask the officer for their name, identification number and agency affiliation; ask for a copy of any warrant or subpoena presented, inform the officer that you are not obstructing their process but need to contact Campus Counsel/Police Counsel/Police. Ask the officer for Counsel/Police for assistance, and contact Campus for assistance, and contact Campus 22

Campus employees are not required to affirmatively assist federal immigration authorities or grant permission to enter limited access space when officers do not have a judicial warrant to enter YES or NO 23

However, it is appropriate to seek guidance from District Counsel/Police to understand your duties in particular circumstances. 24

Will Campus Police Officers work with federal immigration officers to apprehend and remove individuals from campus for the sole purpose of enforcing federal immigration laws? YES or NO 25

Campus police officers will not contact, detain, question or arrest an individual solely undocumented immigration status or to discover the immigration not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law. Campus police officers will not contact, detain, question or arrest an individual solely on the basis of undocumented immigration status or to discover the immigration status of any individual, and Campus not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law. on the basis of suspected suspected status of any individual, and Campus Police will Police will 26

QUESTIONS? ??? 27