WSU Guidance for Interacting with Immigration Enforcement Officers

No. As a WSU employee, per federal privacy laws, you must maintain the confidentiality of personal and personally identifiable information, including student records.

The university requires immigration enforcement officers to produce a valid subpoena authorizing the disclosure of such records.

Federal officers typically have no greater access to university records than any member of the public unless they present a valid subpoena.

If you are asked for personal student information by an individual who identified themselves as a federal immigration officer, take the following action:

• Step 1: Ask the officer for their name, identification number and agency affiliation.
• Step 2: Ask for a copy of any warrant.
• Step 3: Inform the officer that you are not obstructing their process but must consult with counsel. Contact the WSU Division of the Attorney General’s Office at (509) 335-2636 and others will help determine the appropriate next steps.

No. As a public institution, WSU cannot prohibit federal immigration enforcement officers from coming on campus to enforce federal law. However, you must alert campus police or security that an immigration enforcement officer is present on campus.

• WSU Pullman, WSU Bremerton, WSU Everett, Research and Extension Sites: WSU Police Department at (509) 332-2521.
• WSU Spokane/Yakima: WSU Spokane Campus Security at (509) 358-7995
• WSU Tri-Cities: WSU Campus Security at (509) 372-7698
• WSU Vancouver: WSU Vancouver Public Safety at (360) 546-9001

• WSU is required to provide access for federal  immigration officers to a restricted-access building if the officer(s) provides a valid judicial warrant.
  • If the immigration enforcement officer has a valid judicial warrant, then the answer is yes.
  • If the officer does not have a valid judicial warrant, then the answer is no.
• If you are presented with a document described as a warrant, do not try to determine the validity or type of warrant but rather take the following steps.
  • Step 1: Ask the officer for their name, identification number and agency affiliation.
  • Step 2: Ask for a copy of any warrant.
  • Step 3: Inform the officer that you are not obstructing their process but must consult counsel. Contact the WSU Office of the Attorney General at (509) 335-2636 and others will help determine the appropriate next steps.

Generally, federal enforcement officers can only require you to allow entry to these spaces with a specific type of warrant.

If you are presented with a document described as a warrant, do  not try to determine the validity or type of warrant but rather take the following steps:

• Step 1: Ask the officer for their name, identification number and agency affiliation.
• Step 2: Ask for a copy of any warrant.
• Step 3: Inform the officer that you are not obstructing their process but must consult counsel. Contact the WSU Division of the Attorney General’s Office at (509) 335-2636.

If the event is being held in any public access building, you cannot prohibit federal immigration officers from coming on campus to enforce federal law.

• Step 1: Ask the officer for their name, identification number and agency affiliation.
• Step 2: Ask for a copy of any warrant.
• Step 3: If provided with a warrant, inform the officer that you are not obstructing their process but must consult counsel. Contact the WSU Division of the Attorney General’s Office at (509) 335-2636. If it is after business hours, contact WSU Public Safety at (509) 332-2521, so they can connect with the Attorney General’s Office after-hours. Otherwise, alert campus police or security that immigration enforcement officers are on campus.
  • WSU Pullman, WSU Bremerton, WSU Everett, Research and Extension Sites: WSU Police Department at (509) 332-2521.
  • WSU Spokane/Yakima: WSU Spokane Campus Security at (509) 358-7995
  • WSU Tri-Cities: WSU Campus Security at (509) 372-7698
  • WSU Vancouver: WSU Vancouver Public Safety at (360) 546-9001

It depends. If the immigration enforcement officer has a certain kind of warrant, then the answer is yes. If the immigration enforcement officer does not have that kind of warrant, the answer is no. If a federal enforcement agent enters the resident hall:

• Step 1: Ask the officer for their name, identification number and agency affiliation.
• Step 2: Ask for a copy of any warrant.
• Step 3: If provided with a warrant, inform the officer that you are not obstructing their process but must consult counsel. Contact the WSU Division of the Attorney General’s Office at (509) 335-2636, or if it is after business hours, contact WSU Public Safety at (509) 332-2521, who will connect with the Attorney General’s Office after-hours. Otherwise, alert campus police or security that immigration enforcement officers are on campus:
  • WSU Pullman, WSU Bremerton, WSU Everett, Research and Extension Sites: WSU Police Department at (509) 332-2521.
  • WSU Spokane/Yakima: WSU Spokane Campus Security at (509) 358-7995
  • WSU Tri-Cities: WSU Campus Security at (509) 372-7698
  • WSU Vancouver: WSU Vancouver Public Safety at (360) 546-9001

A residential hall room is considered a limited access area and cannot be legally accessed by immigration enforcement officers without a valid criminal warrant or the voluntary consent of the occupant. A student generally does not need to allow entry to any law enforcement officer who is not in possession of a criminal warrant, regardless of what that officer might say.

Personally identifiable educational and university health records are protected by various privacy laws, including the Family Education Rights & Privacy Act (FERPA). As a university employee, you must maintain the confidentiality of these records. If you receive a request for personally identifiable information or documents, or if a federal immigration enforcement officer gives you a warrant or subpoena seeking such records, before providing any information, you should confirm that you are authorized to provide access to the specified records or information.

• Step 1: Ask the officer for their name, identification number and agency affiliation.
• Step 2: Ask for a copy of any warrant.
• Step 3: Inform the officer that you are not obstructing their process but must consult with counsel. Contact the WSU Division of the Attorney General’s Office at (509) 335-2636 and others will help determine the appropriate next steps.

Federal agencies are tasked with patrolling regions that are near external boundaries of the U.S.  Immigration enforcement officers can board vehicles and vessels or stop vehicles (including public transportation) in this region without a warrant. For more information on your rights in these specific circumstances, please visit ACLU Border Zone Guidance.

First, familiarize yourself with your clinic’s protocol for handling immigration officers and who you should notify if officers are on the premises. Generally, immigration officers may enter the public area of a health care facility without a warrant or the facility’s consent. However, private areas usually require permission or a judicial warrant.

If you are contacted by immigration officers seeking information about patients or employees while in a clinical setting:

• Remain calm and professional to avoid escalating the situation.
• Do not answer questions or provide personally identifiable information about yourself.
• Do not disclose information about patients, co-workers, or fellow students, as this may be in violation of federal and state privacy laws.
• Notify the appropriate contact person at your clinical location immediately.

International students and scholars may have concerns about participating in demonstrations while in the US. The First Amendment of the US Constitution protects speech, which includes symbolic speech and protest, as long as it is conducted peacefully. The US constitution protects non-citizens, but there are some considerations to immigration, particularly if participating in a protest.

International students should be aware that arrests, criminal charges, and convictions may impact immigration status. If you choose to participate in a protest, remain peaceful, and in the event a protest becomes threatening, violent, or disruptive, you should leave the area to maintain your own safety. Any criminal activity can have long-term consequences and restrict international students during their time here or future attempts to enter and/or stay in the US.

WSU supports its students and their rights to free expression. Complying with WSU codes of conduct and maintaining studies and program activities will ensure your immigration status is not at risk. Please contact International Student and Scholar Services if you have any questions.

WSU is required to report any “serious incident or controversy” involving a J-1 exchange visitor to the U.S. Department of State. Some examples of qualifying incidents include, but are not limited to:

• The death, disappearance, or serious injury or illness of the exchange visitor
• Incidents involving the criminal justice system
• Sexually-related incidents or abuse
• Serious behavioral problems or mental health concerns
• Incidents involving child protective services
• Fraud (e.g., visa, immigration, or financial fraud or scam)
• Unsuitable host/work conditions (e.g., incident or allegation involving workplace bullying, harassment, discrimination, hostile work environment, or work hours and/or wage-related issues)
• Public security incidents
• Potential or actual negative press involving the sponsor’s exchange visitor program
• Incidents where a foreign government has become involved
• Lost or stolen immigration documents
• Theft of intellectual property
• Violation of export controls (that is, export of sensitive technology or information)
• Serious violations of university conduct rules