United We Dream
#HereToStay Toolkit
K-12 & Higher Education Educators & Schools
Table of Contents
(Note: The following sections can be clicked on to go directly to its corresponding section of the toolkit)
About United We Dream ......................................................................................................................................pg. 4
The moment we are in............................................................................................................................................pg. 5
Terminology ...................................................................................................................................................................pg. 7
About this Toolkit........................................................................................................................................................pg.9
How to use the Toolkit .........................................................................................................................................pg. 10
Disclaimer........................................................................................................................................................................pg. 11
Undocu-friendly classrooms and educators and being undocu-friendly outside classroom time……………………………………………………...................................................................................................pg. 12
Change your school/campus to sanctuary ...........................................................................................pg. 35
Demand and support Local Campaign for Sanctuary city.........................................................pg. 37
Amazing Resources ..............................................................................................................................................pg. 38
Conclusion ..................................................................................................................................................................pg. 40
Toolkit Overview.........................................................................................................................................................pg. 41
Sanctuary Pledge ....................................................................................................................................................pg. 42
Model K-12 Resolution Sanctuary Language........................................................................................pg. 44
Model Higher Education Resolution Sanctuary Language ......................................................pg. 50
United We Dream (UWD) is the first and largest immigrant youth-led organization in the nation, a powerful non-partisan network made up of 55 affiliate organizations in 26 states. We organize and advocate for the dignity and fair treatment of immigrant youth and families, regardless of immigration status. UWD’s current priorities are to stop deportations, protect the undocumented immigrant community and advocate for policy changes that would provide full equality for the immigrant community in the U.S. In 2012, UWD initiated the Dream Educational Empowerment Program (DEEP), which focuses on laying the groundwork to advance the educational justice movement in the U.S.
United We Dream is membership-led and is guided by our principles.
A Background on Education Access for Undocumented Students
In 1982 the Supreme Court ruled in Plyler v Doe that all students have a right to a free public K-12 education, regardless of their immigration status. Thirty-three years after that ruling, undocumented students and families continue to face educational injustice across the nation. Our nation is still a long way from ensuring that all students regardless of immigration status have access to K-12 education, as well as tuition and financial equity. Due to the educational inequity faced by undocumented students, United We Dream Network is committed to increasing the resources available to undocumented students, including advocating for policies that better support these students at all educational institutions.
Currently undocumented students are able to pay in-state tuition in 19 states including: CA, WA, NM, TX, OR, UT, CO, NE, KS, KY, NY, FL, CT, MD, NJ, DE, IL, OK and MN. Out of those 19 states, only CA, WA, NM, MN, OK, and TX lead by providing in-state tuition and some form of state financial aid to undocumented students.
Donald Trump is the president-elect, but that won’t change the fact that we are HERE TO STAY! As Trump begins to fill his Cabinet with some of the most racist and anti-immigrant politicians of this generation, it’s up to immigrants, people of color and allies to reject Trump’s hate and continue honoring and celebrating immigrant and refugee resilience and defiance.
What Do We Mean By #HereToStay?
The spirit of #HereToStay is one of power, community, resilience, resistance and a dash of attitude. It started as a rallying cry #Heretostay in response to the Republican attack on our DAPA and DACA+ victory, an achievement that which was ultimately taken away as a result of the Republican challenge, aided by Judge Hanen’s ruling against the executive actions. However, our fight was never for this one policy or one Supreme Court decision, it was about being able to determine where we live and how we live our lives. #HereToStay is a defiant message that this is our home, we’re a part of our communities and we aren’t going to be forced out.
In June 2016, the Supreme Court agreed to review the lawsuit against DAPA/DACA+, United States v. Texas, and struck us with a 4-4 decision, leaving Judge Hanen’s unfavorable ruling in place, but our resilience shone again as we reaffirmed that we would not be moved. Even as Trump with his anti-immigrant scapegoating bulldozed his way to become the official Republican presidential candidate at the Republican National Convention, we remained fierce protectors of our community
Throughout this election year, immigrant youth and families carried on the #HereToStay banner as a rallying cry against the hate in the campaign and now that Trump has been elected by a minority of Americans, it is our rallying cry of survival. This is our home and we refuse to be pushed out.
The Urgency of NOW:
Trump has continued to vilify immigrants and has repeated campaign claims that he will deport millions of immigrants, threatening DACA recipients among all of us. Immigrants, people of color, LGBTQ people and Muslims and any person of conscience who has ever said they supported immigrant and refugee rights, must unite to ensure that people feel connected and empowered in a moment that would otherwise break us. We are HERE TO STAY! Our communities are in a state of resilience and urgency.
In this moment, we are our own protectors. We will build sanctuary spaces, deportation defense networks for our community while protecting DACA and previous victories because we know that our liberation is bound to each other. We all face a choice today - are we prepared to do what it takes to stand on the right side of history? To defend our communities? To defend each other? To protect the values we came to this country seeking?
Protecting Our Community
We want to keep our communities safe at a time when we expect that immigration agents and many Federal government officials and their supporters will try to terrorize, detain and deport students and their families. A Sanctuary is a place where our vulnerable neighbors can feel safe to live as their full selves.
Many local communities use the term “sanctuary,” “sanctuary of safety,” or even other names to describe these places and some may not use a particular brand name at all. And depending on local circumstances, the policies might even look different. Regardless of what it is called, the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
At United We Dream, we believe that in a sanctuary or safe space, members of that community are united and prepared to protect immigrants from deportation forces, are actively preventing ICE from infecting local law enforcement, are working to protect Muslims from a religious registry, surveillance & harassment, are united against police brutality and stop and frisk and united against misogyny and for womxns' and LBGTQ rights.
In a sanctuary space, we seek to create places that promote the freedom of expression through dialogue and activism. They are places in which the dignity and integrity of every individual as a human being is respected and preserved.
Deferred Action for Childhood Arrivals (DACA) - DACA is a program, announced on June 12, 2012 by President Barack Obama that protects eligible applicants from deportation and gives them work authorization for a renewal period of 2 years. It is important to note that DACA provides lawful presence but it does not provide lawful status. DACA is a program fought for and won by undocumented immigrants.
DACA-mented - This term is used by undocumented individuals who have been granted Deferred Action for Childhood Arrivals (DACA). DACA-mented (similar to Dreamer) is sometimes used as a way to navigate away from the negative connotations given to terms such as undocumented immigrant, non-U.S. citizen and so forth.
Educators - This term is used to refer to counselors, administrators, staff, faculty, and teachers within the K-12 school system and institutions of higher education.
#HereToStay - Is a defiant message for undocumented immigrants that this is our home, we’re a part of our communities and we aren’t going to be forced out. It is a message of power, community, resilience, resistance and a dash of attitude. Our fight - the fight of undocumented immigrants - was never for this one policy or against one judge or one Supreme Court decision, it was about being able to determine where we live and how we live our lives. #HereToStay
Institutions- This term is used to describe the classrooms, dining halls, school hallways and spaces in which formal education takes place.
Sanctuary - We want to keep our communities safe at a time when we expect that immigration agents and many Federal government officials and their supporters will try to terrorize, detain and deport students and their families. A Sanctuary is a place where vulnerable members of our communities can feel safe to live as their full selves.
Many local communities use the term “sanctuary,” “sanctuary of safety,” or even other names to describe these places and some may not use a particular brand name at all. And depending on local circumstances, the policies might even look different. Regardless of what it is called, the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
At United We Dream, we believe that in a sanctuary or safe space, members of that community are united and prepared to protect immigrants from deportation forces, are actively preventing ICE from infecting local law enforcement, are working to protect Muslims from a religious registry, surveillance & harassment, are united against police brutality and stop and frisk and united against misogyny and for womxns' and LBGTQ rights.
In a sanctuary space, we seek to create places that promote the freedom of expression through dialogue and activism. They are places in which the dignity and integrity of every individual as a human being is respected and preserved.
Sensitive locations - Refers to the sites that are identified in policies issued by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have each issued and implemented policies concerning enforcement actions. Such sites include:
Undocumented - Refers to people who are not U.S. citizens or Permanent Residents of the United States, who do not hold a current visa to reside in the U.S. and who have not been approved for legal residency in the U.S.
Undocu-ally - This term is used to refer to people who are not undocumented or had the undocumented immigrant experience who verbally and in actions take a stance to fight shoulder to shoulder with the affected community.
Undocu-friendly - This term is used to refer to schools that have systems and practices in place that work with and for undocumented students. For example, a school that is inviting and public about their support for undocumented students and invests resources in their students by providing scholarships and programs is an undocu-friendly school.
This toolkit was designed to help undocumented students and educator allies work with their institutions to increase the resources and support systems available to undocumented students at their school in such a critical moment in the history of the U.S. - President-elect Trump coming into power. Particularly, this toolkit was created to provide the examples needed for institutions to create sanctuary spaces for their students, parents and educators. Regardless if you use the term “sanctuary,” “sanctuary of safety,” or even other names, the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
This toolkit was designed with the understanding that each institution has a different capacity and awareness. We acknowledge that funding and questions regarding campus wide support for the implementation and accountability of some of the initiatives are crucial to this process. With skepticism and/or opposition comes the possibility of the lack of funding and/or support, however, this possible reality should not stop us or sway us from moving forward. There have been many initiatives that have begun with little to no funding and/or support but are currently established as some of the most sought out and successful resources available to the entire campus community.
Anticipating aforementioned questions and varied institutional capacity and awareness, we have broken down this toolkit into different categories (see below). Although these are different categories, they are not mutually exclusive. Some schools/campuses may be working in all categories concurrently because they may have to work on policy change before providing services and programming.
The categories are as follows:
We will always be adding resources for educators, activists, and organizers across the country who want to protect and defend immigrants and refugees in the www.weareheretostay.org site. To get updates and receive alerts when other general UWD resources become available, text ‘HereToStay’ to 877877. To get updates and receive alerts when Education Equity UWD resources become available, text ‘Equity’ to 877877.
This toolkit has been designed to provide guiding information to either begin or help continue the conversations on how to build sanctuary schools/campuses with and for undocumented students. Please begin by reading each category. After reading each category, take note on how your institution can replicate or modify the ones that seem relevant to the current needs of the undocumented students on your campus. Remember, regardless if you call it “sanctuary” or “safe spaces”, the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
To start - provide answers to the following questions:
The toolkit is broken down in three “levels” in which you can start making changes.
Note that hereafter, we will use “sanctuary” with the common understanding that regardless if you call it “sanctuary” or “safe spaces” or “welcoming communities”, the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
This toolkit is designed to provide information for K-12 and higher education educators on how to support and work alongside undocumented immigrant students and their families, both inside and outside of the classrooms. We recommend that educators assess possible employment consequences of advocacy efforts at work and to be mindful that they have stronger legal protections as individuals than as employees.
This toolkit will be periodically updated to reflect changes that benefit educators.
This toolkit is NOT intended to provide legal advice.
This section is divided into two sub-sections: 1) what educators can do inside classrooms and 2) what educators can do outside classrooms
[Please download the graphics here]
Your resource center should have answers for students who are undocumented, have family members who are undocumented, and resources for dealing with the current situation. Many of these can be found in our www.weareheretostay.org campaign site, but we have included key resources below.
On DACA: A guide to those who have DACA and are eligible for DACA.
Updated 2.12.2018
Frequently Asked Questions about DACA
Visit UWD’s Here To Stay website for posters in twelve (12) different languages and access to our hotline. Below is a summary of what you need to know to teach your students:
All people who live in the United States have certain inalienable rights, regardless of immigration status. The following is information on what rights anyone has if encountered by Immigration and Customs Enforcement (ICE) and how to prevent and report fraud.
What to do if ICE comes to your door:
During a raid
Know your right card!
Deportation Defense - what to do in case of deportations
Another reality that undocumented people in the U.S. face on a daily basis is the ever looming possibility of being detained and deported. Detentions and deportations are enforced by meeting quotas to fill beds in detention centers which cost U.S. taxpayers $1.44 billion annually. The most recent statistics show that 1,100 people are deported every day from the U.S., tearing thousands of families apart and placing many children into the foster care system. Deportations are enforced by ICE, Border Patrol, and often with the help of local law enforcement. With the Trump administration, it is uncertain what will happen, when and how; what we are certain of is the power to organize and unite to protect each other.
Detentions and deportations are often carried out through the use of raids in which ICE officials take over businesses and public spaces to “identify” undocumented immigrants, which lead to racial profiling, inhumane treatment, and the separation of families. (Source: Undocupeer Georgetown Training Powerpoint)
What to do if a student or family member is detained or deported:
If a family member is detained or deported, take steps immediately to learn where they are and what led to their detention and possible deportation. To help, arrange to speak to them, visit them and/or send an attorney to learn about the case and determine how they can defend their case. Some parents at risk of deportation may be reluctant to develop an emergency plan or even talk to their children about the risk of separation. However, developing a plan can help ease anxiety of the unknown, increase the chances of families being able to stay together should separation occur, and prevent children from unnecessarily entering the child welfare system. Parents should create a plan and share as much of that plan as possible with their children. Don’t wait - be proactive and plan ahead.
Below are some steps you can take:
Finding someone who has been detained by ICE:
Finding legal representation:
(Source: Immigrant and Refugee Children Guide)
Watch Out! Prevent and report fraud
Not all immigration services are offered honestly, and if one isn’t careful and does not know their rights, they can be scammed and lose much money and be led on by false promises. Moreover, improperly filed immigration documents or a mismanaged case can have serious and long-standing consequences for the person seeking immigration assistance. Know what your rights are so that you won’t be taken advantage of by frauds. The following are tips to prevent frauds.
(Source: ILRC Living in the United States: A Guide for Immigrant Youth)
Ensuring children are safe
(Source: Immigrant and Refugee Children Guide)
Life after Deportation
In case of deportation, here is an excellent resource for undocu-allies to share with families in order to protect their assets and child custody. This guide provides what to do with Powers of attorney, collecting unpaid wages, bank accounts and cash, cars, homes, and businesses, government benefits and obligations, assets held in a child’s name and child custody.
Here is another site that includes great information on Parental Rights - Detained or Deported: What About My Children? The toolkit includes information on:
Other immigration protections
There are many other types of relief that some undocumented people qualify for, HOWEVER, we strongly recommend you get a legal consultation with a trustworthy attorney.
Healthy and loving minds
There's no doubt that the Nov 8 results have shaken us at some level. Some of us are still processing, others healing from so much violence during the presidential campaign and what we're seeing across the country today, some are in the fighting mode and others are feeling more like they want to be in flight mode. Below are some tools on how to keep or help your students and community to achieve healthy and loving minds in this moment of uncertainty.
K-5th grade
6th-12th grade
No bullying or hate allowed
As undocu-allies and educators, to ensure that schools continue to be a sanctuary for all students. Below are ways to prevent bullying and support students when they are harassed
Recovering emotionally
As the resilient human-beings that we are, we must also acknowledge that this challenging time calls for us to be our best protectors of our hearts and souls. As community leaders, we hope to be better equipped to help our people who may come to us feeling overwhelmed, anxious or fearful or even in crisis mode.
Here are some ways of helping each other stay grounded. Keep in mind that getting ourselves and our lives back in a routine that is comfortable for us takes time.
(Source: American Red Cross: Recovering Emotionally)
Suicide Warning Signs and Suicide Prevention
As mentioned above, some folks might be in a crisis mode, below are some potential warning signs for suicide:
(Sources: WebMD: Recognizing Suicidal Behavior)
Worried about someone else?
YOU can do something to prevent suicide
(Source: National Suicide Prevention Lifeline)
Materials on mental health, death and suicide—fliers, also video, audio, multimedia in 9 languages
There is a long history of activism that starts in classrooms. Giving students opportunities to organize and become active around the issue of immigrant rights has helped change the culture of our schools and has created and strengthened bonds among students, families, the school and surrounding community. It has also helped students that have been systematically disenfranchised and marginalized to become actively engaged, academically successful, and to rise to positions of leadership in the school and the community
How to bring students together to create groups:
(Source: Rethinking Our Classrooms, Volume 1 - New Edition! Teaching for Equity and Justice edited by Wayne Au , Bill Bigelow , Stan Karp)
Educators, university students, staff, and faculty can create your own petition to demand that their schools/campus administration declare their institution as a sanctuary that embraces undocumented immigrants, supports DACA, and is a safe space for all students, staff, and faculty by not cooperating with immigration enforcement.
As mentioned previously, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have each issued and implemented policies designed to limit enforcement actions at or focused on ‘sensitive locations,’including schools, places of worship, unless exigent circumstances exist or official authorization is obtained. The Trump administration can change these policies, but the current guidance provides some restrictions on ICE enforcement at schools. UWD and other undocu-allies like ACLU, NILC and others are committed to protecting the safety of immigrants in this country.
List of official Sanctuary University Campuses
University students in campuses that are located near the U.S./México border have mobilized to decrease the presence of U.S. Border and Customs Protection (aka Border Patrol) enforcement in their campuses and to demand that their university administration cut ties with the federal agency. The militarization of the U.S./México border and its enforcement by the Border Patrol creates hostile environments for undocumented immigrants when Border Patrol agents are present in their campuses. The following are some examples of actions taken against Border Patrol presence on campuses.
UWD #HereToStay Toolkit: How to become a Sanctuary/Welcoming City/County/State
Become an undocu-ally
Organize and build the support for sanctuary
Steps to Organize for Sanctuary for Immigrants and Refugees
How to talk to students of all ages about deportations
Children who are separated from their parents by deportation can face serious emotional and mental health issues as well as major financial impact by losing their caregivers who are their primary source of income. According to a 2015 study conducted by Urban Institute and Migration Policy Institute, deportations of parents or other loved ones can cause poorer cognitive and socioemotional development in children and cause them to experience anger, depression, and behavioral problems. Regardless of who the children reside with after a deportation, it is essential for the child’s well being to talk to the child about how they feel about the deportation. Below are resources to facilitate dialogue with children that have undergone the traumatic experience of deportations while providing them a sense of security.
Art, books, activities, role playing
Thank you for stepping up in a moment where our mere existence as undocumented immigrants is resistance. We must use the leverage that we have within the community, the resources at our disposal, and networks within the community to support immigrants. Immigrants, people of color, LGBTQ people and Muslims and any person of conscience who has ever said they supported immigrant and refugee rights, must unite to ensure that people feel connected and empowered in a moment that would otherwise break us. We are HERE TO STAY! Our communities are in a state of resilience and urgency.
It is our duty as undocu-allies to create the spaces our community deserves. Regardless of the term used - “sanctuary,” “safe spaces” or even other names the goal is the same - to keep our people safe and keep the dangerous forces of the Trump regime out.
This toolkit is broken down in the following sections.
Undocu-friendly classrooms and educators
Change your school/college campus to sanctuary
Below is a template that can be used for sanctuary pledges for your institutions of education. Be aware that every campus is unique and may have particular needs, strengths, and challenges. Therefore, feel free to modify this template as you see fit.
Across the country, many are calling for their universities to become sanctuary campuses. The model is the “sanctuary city,” like Austin, New York City, Chicago and dozens of other municipalities, which have declared their intention not to cooperate with federal officials seeking to deport residents simply because they lack appropriate immigration documentation.
At this moment, when there is a rising national rhetoric of intolerance and acts of hate that threaten people of color, Muslims, LGBTQ individuals, Jews, women, and immigrants, among others, we strongly affirm our protection of these groups, and we affirm our intention to support all students in their quest to pursue their education without government interference.
Nearly [Number of people who have signed the petition] members of our community have asked that [University name] become a sanctuary campus. We wholeheartedly pledge to do so. This means that to the fullest extent of the law:
These are small steps, to be sure, in the face of a very frightening wave of threats to roll back the civil rights gains made in recent decades. But we will stand up and take these steps; we will do our best to protect our community, and we will gather resources to enable all its members, regardless of citizenship status, to continue to have opportunities to thrive here.
[Name of School Principal, School Board Members, or University President]
[Title of School Principal, School Board Members, or University President]
The attached Model Campus Safe Zones Resolution language was developed for K-12 school districts that are contemplating adopting protections for their immigrant students. We recommend that any resolution contain language to address these critical issues:
The model resolution provides sample language for these issues. We encourage you to use this language as a template and to adopt as many pieces to fit the needs of your school district. We also encourage you to add additional points beyond what is in this resolution and to share your creative and innovative ideas with us.
For further information about this model resolution you can contact us:
ACLU of California - Sylvia Torres-Guillen
Advancement Project – Eileen Ma
Asian Americans Advancing Justice-California (AAAJ-CA) – Andrew Medina
Asian Americans Advancing Justice-Los Angeles (AAAJ-LA) – Betty Hung, Yanin Senachai
National Immigration Law Center (NILC) – Tanya Broder, Shiu-Ming Cheer, Jessica Hanson
Services, Immigrant Rights, and Education Network (SIREN) – Priya Murthy
Resolution to Designate Campuses as Safe Zones and to Create Resource Centers for Students and Families Threatened by Immigration Enforcement
WHEREAS: The United States Supreme Court held in Plyer v. Doe (1982) that no public school district has a basis to deny children access to education based on their immigration status, citing the harm it would inflict on the child and society itself, and the equal protection rights of the Fourteenth Amendment;
WHEREAS: Migration to this country is often propelled by social, economic, and political factors and native county conditions, which result partly from U.S. government and corporate policies and interests, and thus immigrants and their families are here entitled to compassionate and humane treatment in this country;
WHEREAS: Ensuring that our schools are safe and inviting for all students and their families will facilitate the physical safety and emotional well-being of all children in the District, and is paramount to students’ ability to achieve;
WHEREAS: This safe and inviting environment would be disrupted by the presence of immigration agents who come onto District property for the purposes of removing students or their family members, or obtaining information about students and their families;
WHEREAS: Immigration and Customs Enforcement (“ICE”) activities in and around schools, early education centers, and adult school facilities would be a severe disruption to the learning environment and educational setting for students;
WHEREAS: Immigration enforcement activities around schools create hardships and barriers to health and educational attainment, and a pervasive climate of fear, conflict and stress that affects all students in our District, regardless of their background or status, such that children who have a status but whose family members, friends, or schoolmates do not, and students who are themselves undocumented, are all affected and at risk;
WHEREAS: Threats of legal action, and particularly of separation and deportation, against students and their families create severe emotional, psychological and physical barriers to learning and education that can and should be allayed or reduced through support systems, including legal representation, provided by the school District;
WHEREAS: Students’ ability to achieve is undermined by the removal of their family members during ICE raids and arrests that leave students without adults to supervise or care for them, and the District should have in place policies and procedures to protect and care for such students until a guardian or other designated adult is contacted, and all teachers, administrators and staff should be trained on such procedures;
WHEREAS: Immigration arrests, detentions, and deportations affects families every day, and indications that deportations will increase dramatically has created a climate of heightened fear and anxiety for many students and their families;
WHEREAS: The record number of deportations in recent years tragically has broken apart loving families, devastated communities, and caused widespread fear among immigrants and their family members;
WHEREAS: Involving campus police in enforcing federal civil immigration law will create the perception that they are immigration agents and decrease students’ likelihood of cooperating with campus police based on fears that this would lead to their deportation or the deportation of family members;
WHEREAS: Some cities, counties, school districts, and higher education institutions have adopted policies that restrict entanglement with ICE and resist any government action that may lead to the discovery of a person’s immigration status;
WHEREAS: ICE’s longstanding policy states that it will not conduct immigration enforcement activity at any sensitive location, which includes schools, without special permission by specific federal law enforcement officials, unless exigent circumstances exist;
WHEREAS: No written state or federal law mandates that local districts assist ICE in the enforcement of immigration laws;
THEREFORE BE IT RESOLVED: That the Governing Board of the XX School District hereby declares that every XX School District site is a safe place for its students and their families to seek help, assistance, and information if faced with fear and anxiety about immigration enforcement efforts;
RESOLVED FURTHER: That the Superintendent shall establish all K-12 schools, early education centers, adult schools, and parent centers be established as resource and information sites for immigrant students and families;
RESOLVED FURTHER: That the Board encourages the Superintendent to increase and enhance partnerships with community-based organizations and legal services organizations who provide resources for families facing deportation;
RESOLVED FURTHER: That the Board directs the Superintendent to create in-language Know Your Rights presentations for students and family members to cover their rights regarding interactions with law enforcement and immigration agents.
RESOLVED FURTHER: That the Board directs the Superintendent to create a rapid response network to assist students or their family members who have been detained,
RESOLVED FURTHER: In order to provide a public education, regardless of a child’s or family member’s immigration status, absent any applicable federal, state, or local law, regulation, ordinance or court decision, the District shall abide by the following conduct:
1. District personnel shall not inquire about or record a student’s or a family member’s immigration status, and pursuant to the Family Education Rights and Privacy Act (“FERPA”), shall not disclose, without parental consent, the immigration status of any student or other personally identifiable information.
2. Any communication to federal agencies or officials initiated by a school or school personnel concerning confidential information about a student or a student’s family member, including but not limited to: information about gender identity; sexual orientation; status as a survivor of domestic violence; survivor of sexual assault; crime witness; recipient of public assistance; actual or perceived immigration or citizenship status; national origin; school discipline record; and all information included in an individual’s or household’s income tax records, is prohibited, unless permission is granted by the student or student’s parent or guardian.
3. The District shall refuse all voluntary information sharing with immigration agents across all aspects of the District to the fullest extent possible under the law.
4. Any request by immigration agents for information or to access a school site shall be initially denied and immediately forwarded to the Superintendent and General Counsel for review and a decision on whether to reverse the denial and allow access to the site, and/or a decision on whether the information will ensure District compliance with Plyler v. Doe and other applicable laws. The request must be provided with adequate notice so that the Superintendent and General Counsel can take steps to provide for the emotional and physical safety of its students and staff.
5. The District will not enter into agreements with state or local law enforcement agencies, ICE, or any other federal agency for the enforcement of federal immigration law, except as required by law.
6. The District and its staff, faculty, employees, and campus police will not honor any ICE detainers or requests.
7. Campus security are prohibited from inquiring about or recording any information regarding an individual’s immigration status or country of birth.
8. Campus police shall create a policy acknowledging that they have no authority to enforce federal immigration law and declaring that they will not participate in immigration enforcement efforts of federal authorities. This includes campus police not holding people on ICE detainers, not responding to ICE notification or transfer requests, not making arrests based on civil immigration warrants, and not allowing ICE to use campus facilities for immigration enforcement purposes.
9. District personnel shall treat all students equitably in the receipt of all school services, including but, not limited to, the free and reduced lunch program, transportation, and educational instruction.
10. The District will offer (a) legal support to immigrant students and their families; (b) counseling that that adequately acknowledges the impact of immigration status on students and their family members; and (c) Know Your Rights presentations to students and parents in-language; and (d) the District will ensure that students are aware of opportunities to gain access to college, in-state tuition, financial aid, scholarships, internships and career opportunities, regardless of their status. To implement this support system, each school in the District shall establish an office space on campus that serves as a resource center for immigrant students and their families and shall establish at least one paid position for an immigrant liaison, with expertise in immigrant and undocumented populations.
11. The District shall fund attorneys to represent students facing removal proceedings, and assist family members of students who are in removal proceedings with legal resources and information.
RESOLVED FURTHER: That the Superintendent shall ensure that all teachers, school administrators, and other staff will be trained on how to implement this policy and notification in no less than the top 10 languages spoken by students throughout the District to be distributed to families to fully inform them of their rights in the District;
RESOLVED FURTHER: Within the next 90 days the Superintendent shall develop a plan for training teachers, administrators and other staff on how to respond to ICE personnel who are requesting information about students and families and/or are attempting to enter school property. The plan shall also include procedures for notifying families about ICE efforts to gain information about students and families, and how to support students whose family members have been displaced because of ICE. This plan shall be communicated to all school district families in all supported languages.
RESOLVED FURTHER: The Superintendent shall prepare an implementation plan defining partnerships with community organizations and training and support for school site employees to ensure rapid response and effective coordination and report back to the Board in 90 days.
Definitions
- “Citizenship or immigration status” means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time or manner of a person’s entry into the Unites States, or any other civil immigration matter enforced by the Department of Homeland Security or other federal agency charged with the enforcement of civil immigration law.
- “Immigration agent” shall mean an agent of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, any individuals authorized to conduct enforcement of civil immigration laws under 8 U.S.C. §1357(g) or any other federal law, other federal agents charged with enforcement of civil immigration laws, and any successors.
- “Enforcement actions” include arrests; interviews; searches; surveillance; obtaining records, documents, and similar materials; and other actions for the purposes of immigration enforcement.
The attached Model Campus Safe Zones Resolution language was developed for individual colleges/universities or college/university systems that are contemplating adopting protections for their immigrant students. We recommend that any resolution contain language to address these critical issues:
- Limiting the sharing of student information with federal immigration
authorities
- Restricting immigration agents’ access to campuses
- Prohibiting campus security from collaborating with federal immigration
authorities for the purposes of enforcement
- Providing resources and information for immigrant students and their
families
The model resolution provides sample language for these issues. We encourage you to use this language as a template and to adopt as many pieces to fit the needs of your college/university or system. We also encourage you to add additional points beyond what is in this resolution and to share your creative and innovative ideas with us.
For further information about this model resolution you can contact us:
ACLU of California - Sylvia Torres-Guillen
Advancement Project – Eileen Ma
Asian Americans Advancing Justice-California (AAAJ-CA) – Andrew Medina
Asian Americans Advancing Justice-Los Angeles (AAAJ-LA) – Betty Hung, Yanin Senachai
National Immigration Law Center (NILC) – Tanya Broder, Shiu-Ming Cheer, Jessica Hanson
Services, Immigrant Rights, and Education Network (SIREN) – Priya Murthy
Resolution to Designate College/University Campuses as Safe Zones and to Create Resource Centers for Students and Families Threatened by Immigration Enforcement
WHEREAS: The XX College/University System welcomes and supports students without regard to their citizenship or immigration status and will continue to admit students in a manner that complies with our nondiscrimination policy and without regard to a student’s race, national origin, religion, citizenship, or any other protected characteristic. The College/University is committed to providing an environment in which all admitted students can pursue their studies and careers and graduate successfully;
WHEREAS: Federal law protects student privacy rights, and the XX State Constitution and other statutes provide broad privacy protections to all students, faculty, staff, and other employees of the College/University;
WHEREAS: Migration to this country is often propelled by social, economic, and political factors and native county conditions, which result partly from U.S. government and corporate policies and interests, and thus immigrants and their families are entitled to compassionate and humane treatment in this country;
WHEREAS: Ensuring that our College/University campuses are safe and inviting for all students and their families will facilitate the physical safety and emotional well-being of all students in the College/University, and is paramount to students’ ability to achieve;
WHEREAS: This safe and inviting environment, as well as the learning environment and educational setting, would be disrupted by the presence of Immigration and Customs Enforcement (“ICE”) agents or other immigration agents who come onto College/University property or conduct activities in and around College/University campuses to remove students or obtain information about students or their family members for the purposes of enforcement;
WHEREAS: Immigration enforcement activities around College/University campuses create hardships that affect health and present barriers to educational attainment, as well as a pervasive climate of fear, conflict and stress that affects all students in our College/University, regardless of their background or status, such that students whose family members, friends, or classmates may be at risk of deportation, as well as students who could face deportation themselves, are all at risk;
WHEREAS: Threats of immigration enforcement actions, and particularly of separation and deportation, against students and their families create severe emotional, psychological and physical barriers to learning and education that can and should be allayed or reduced through support systems, including legal representation, provided by the College/University;
WHEREAS: Students’ ability to achieve is undermined by the removal of their family members during ICE raids and arrests, and the College/University should have in place policies and procedures to protect and provide emotional counseling and legal support for such students, and all faculty, staff, administrators and other employees should be trained on such procedures;
WHEREAS: Immigration arrests, detentions, and deportations affect families every day, and indications that deportations will increase dramatically have created a climate of heightened fear and anxiety for many students and their families;
WHEREAS: The record number of deportations in recent years tragically has broken apart loving families, devastated communities, and caused widespread fear among immigrants and their family members;
WHEREAS: Involving campus police in enforcing federal civil immigration law will create the perception that they are immigration agents and decrease students’ likelihood of cooperating with campus police based on fears that this would lead to their deportation or the deportation of family members;
WHEREAS: Primary jurisdiction over federal immigration laws does not rest with campus police or any other state or local law enforcement agency; community trust is essential in allowing campus police to serve the College/University effectively; and campus police’s limited resources should not be diverted from the critical mission of keeping our students safe, by participating in enforcement of federal immigration laws or by assisting federal immigration authorities in any way;
WHEREAS: Several courts have concluded that civil immigration detainers are voluntary requests to local law enforcement and compliance is not mandatory. No written state or federal law mandates that local colleges/universities assist ICE in the enforcement of immigration laws. In addition, local law enforcement agencies may be liable for improperly detaining an individual who is otherwise eligible for release based on a civil immigration detainer;
WHEREAS: Some cities, counties, schools, and higher education institutions have adopted policies that limit entanglement with ICE and resist any government action that may lead to the discovery of a person’s immigration status;
WHEREAS: ICE’s longstanding policy states that it will not conduct immigration enforcement activity at any sensitive location, which includes schools and college/university campuses, without special permission by specific federal law enforcement officials, unless exigent circumstances exist;
WHEREAS: A federal effort to create a registry based on any protected characteristics, including but not limited to religion, race, national origin, or sexual orientation, would be antithetical to the United States Constitution, federal and state laws, and principles of nondiscrimination that guide our College/University;
THEREFORE BE IT RESOLVED: That the Board of Governors of the XX College/University System hereby declares that every XX College/University site is a safe place for its students and their families to seek help, assistance, and information if faced with fear and anxiety about immigration enforcement efforts;
RESOLVED FURTHER: That the President/Chancellor shall establish that the College/University, and any associated education centers, be established as resource and information sites for immigrant students and families;
RESOLVED FURTHER: That the Board of Governors encourages the President/Chancellor to increase and enhance partnerships with community-based organizations and legal services organizations that provide resources for students and families facing deportation;
RESOLVED FURTHER: That the Board of Governors directs the President/Chancellor to create and make available in-language Know Your Rights presentations and materials for students and family members to understand their rights regarding interactions with law enforcement and immigration agents;
RESOLVED FURTHER: That the Board of Governors directs the President/Chancellor to create a rapid response network to assist students or their family members who have been detained;
RESOLVED FURTHER: That because community trust and cooperation are essential in allowing campus police to protect our students, faculty, staff, and employees on campus effectively, the campus police will abide by the following conduct:
1. Campus police shall create a policy acknowledging that they have no authority to enforce federal immigration law and declaring that they will not participate in immigration enforcement efforts of federal authorities. This includes campus police not holding people on ICE detainers, not responding to ICE notification or transfer requests, not making arrests based on civil immigration warrants, and not allowing ICE to use campus facilities for immigration enforcement purposes.
2. No College/University police department will join any state and/or local law enforcement agencies that have entered into an agreement with ICE or other immigration enforcement agency, nor undertake any other joint efforts with federal, state, or local law enforcement agencies, to investigate, detain, or arrest individuals for violations of federal immigration law.
3. Campus police are prohibited from inquiring about or recording any information regarding an individual’s immigration status, citizenship status or country of birth, including when interviewing victims, witnesses, or suspects of crimes.
4. Campus police officers will not contact, detain, question, or arrest an individual solely on the basis of suspected undocumented immigration status or in order to discover the immigration status of an individual.
5. The campus police department and its officers will not use any resources to aid in any federal effort to create a registry based on any protected characteristics, including but not limited to religion, race, national origin, or sexual orientation.
RESOLVED FURTHER: In order to provide access to education, regardless of a student’s or family member’s immigration status, absent any applicable laws, the College/University shall abide by the following conduct:
1. College/University personnel shall not inquire about or record a student’s or a family member’s immigration status, and pursuant to the Family Education Rights and Privacy Act (“FERPA”), shall not disclose, without student consent if the student is at least 18 years old, or otherwise without parental consent, the immigration status, citizenship status, place of birth, or other personally identifiable information of any student.
2. Any communication to federal agencies or officials initiated by a school or school personnel concerning confidential information about a student or a student’s family member, including but not limited to: information about gender identity; sexual orientation; status as a survivor of domestic violence; survivor of sexual assault; crime witness; recipient of public assistance; actual or perceived immigration or citizenship status; national origin; school discipline record; all information included in an individual’s or household’s income tax records; or records related to financial aid, scholarships, tuition or residency determinations, is prohibited, unless permission is granted by the student if the student is at least 18 years of age, or otherwise by the student’s parent or guardian.
3. The College/University shall refuse all voluntary information sharing with immigration agents across all aspects of the College/University to the fullest extent possible under the law, with the exception of mandatory reporting in compliance with the Student and Exchange Visitor Program regarding the College/University’s enrollment of foreign exchange students.
4. Any request by immigration agents for access to a campus shall be initially denied and immediately forwarded to the President/Chancellor and General Counsel for review and a decision on whether to reverse the denial and allow access to the site. The request must be provided with adequate notice so that the President/Chancellor and General Counsel can take steps to provide for the emotional and physical safety of the College’s/University’s students and staff.
5. Any request by immigration agents for information regarding a student
shall be initially denied and immediately forwarded to the President/Chancellor and General Counsel, who will review the denial according to the following guidelines. In keeping with the individual’s right to privacy, no part of a student’s education record, however created, may be divulged with personally identifiable information to any person, organization, or agency in any manner unless there is:
6. The College/University will not enter into agreements with state or local law enforcement agencies, ICE, or any other federal agency for the enforcement of federal immigration law, except as required by law.
7. The College/University and its staff, faculty, employees, and campus police will not honor any ICE detainers or requests.
8. College/University personnel shall treat all students equitably in the receipt of all school services for which they are eligible.
9. The College/University will offer (a) legal support to immigrant students and their families; (b) counseling that adequately acknowledges the impact of immigration status on students and their family members; and (c) Know Your Rights presentations to students and parents in-language; and (d) the College/University will ensure that students are aware of opportunities to gain access to in-state tuition, financial aid, scholarships, internships and career opportunities, regardless of their status. To implement this support system, the College/University shall establish an office space on campus that serves as a resource center for immigrant students and their families and shall establish at least one paid position for an immigrant liaison, with expertise in immigrant and undocumented populations, to fulfill these duties.
10. The College/University shall fund attorneys to represent students facing removal proceedings, and assist family members of students who are in removal proceedings with legal resources and information.
11. The College/University and its faculty, staff, and other employees shall not use any resources to aid in any federal effort to create a registry based on any protected characteristics, including but not limited to religion, race, national origin, or sexual orientation.
RESOLVED FURTHER: That the President/Chancellor shall ensure that all faculty, staff, administrators, and other employees will be trained on how to implement this policy, and notification in no less than the top 10 primary languages spoken by students throughout the College/University to be distributed to students to fully inform them of their rights in the College/University;
RESOLVED FURTHER: Within the next 90 days the President/Chancellor shall develop a plan for training all faculty, staff, administrators, and other employees on how to respond to ICE or other immigration enforcement personnel who are requesting information about students and/or are attempting to enter campus. The plan shall also include procedures for notifying individual students about ICE and other immigration enforcement agencies’ efforts to gain information about them, and how to support students whose family members have been displaced because of ICE and other immigration enforcement agencies. This plan shall be communicated to all College/University students in all supported languages.
RESOLVED FURTHER: The President/Chancellor shall prepare an implementation plan defining partnerships with community organizations and training and support for campus employees to ensure rapid response and effective coordination and report back to the Board of Governors in 90 days.
Definitions
- “Citizenship or immigration status” means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time or manner of a person’s entry into the Unites States, or any other civil immigration matter enforced by the Department of Homeland Security or other federal agency charged with the enforcement of civil immigration law.
- “Immigration agent” shall mean an agent of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, any individuals authorized to conduct enforcement of civil immigration laws under 8 U.S.C. §1357(g) or any other federal law, other federal agents charged with enforcement of civil immigration laws, and any successors.
- “Enforcement actions” include arrests; interviews; searches; surveillance; obtaining records, documents, and similar materials; and other actions for the purposes of immigration enforcement.
- “Campus police” includes any campus security force, squad, or organization; any campus police department, force, squad, or organization; or any law enforcement agency solely dedicated to protecting and serving the College/University campus.