IMMIGRANT RIGHTS AND NON-DISCRIMINATION POLICY

Policy Number: 200-33

References: RCW 43.52; RCW 28B.15.012; RCW 28B.10.016; RCW 42.56.010; RCW 10.93.020

I. Intent

The purpose of this policy is adopted pursuant to the requirements of the Keep Washington Working Act, and limits “immigration enforcement to the fullest extent possible consistent with federal and state law . . . to ensure Colleges and Universities remain accessible to all Washington residents, regardless of immigration or citizenship status.” The policy provides clarity about the Olympic College’s role in ensuring educational opportunities for all individuals, while leaving immigration enforcement efforts to the federal government.

II. Responsible Parties

The Executive Vice President is designated to receive, review, and validate all immigration enforcement requests under this policy. In the absence of the Executive Vice President, the Executive Director of Safety and Security shall receive, review, and validate requests.

A. Applicability of Policies Related to Immigration Enforcement

Olympic College adheres to all requirements of federal and state law.
The provisions of this policy shall apply to Olympic College and all campus facilities, which include (but are not limited to) adjacent sidewalks, parking areas, sports facilities, and entrances and exits from said facilities.
Olympic College’s policies prohibiting participation or aid in immigration enforcement shall apply for enforcement activity against students and their families, employee, and volunteers.
Olympic College personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.

B. Access to Campuses

Olympic College does not exclude students from receiving an education or unlawfully discriminate against anyone because of their race, color, national origin, age, disability, gender identity, immigration or citizenship status, sex, creed, use of a trained dog guide or service animal by a person with a disability, sexual orientation, or on any other basis prohibited by federal, state, or local law.
Olympic College shall ensure that all campus employees and volunteers are aware of the rights of immigrant students to an education.
Olympic College shall ensure that information reviewed to determine eligibility for in-state tuition or other benefits and any reporting requirements is limited only to the information necessary for residency determinations and in compliance with the Keep Washington Working Act and any other applicable state or federal laws.
Olympic College shall separate all information on individuals with foreign student visa status (F, J and M visas) retained for the purpose of reporting to the Student Exchange and Visitor Information System (SEVIS) as part of the Student and Exchange Visitor Program from general enrollment platforms or other directory information.

C. Immigration Enforcement on Campus Grounds

Olympic College does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to campus grounds or their immediate vicinity. Olympic Colleges employees shall direct anyone engaging, or intending to engage, in immigration enforcement, including federal immigration authorities with official business that must be conducted on campus grounds, to the Executive Vice President, or Campus Security prior to permitting entrance. Olympic College employees shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.
If anyone attempts to engage in immigration enforcement on or near Olympic College grounds, including requesting access to a student, employee, or campus grounds:
1. Employees shall immediately alert and direct the person to the Executive Vice President, or Campus Security, who shall verify and record the person’s credentials (at least, badge number and name), record the names of all persons they intend to contact, collect the nature of their business at the school, request a copy of the court order or judicial warrant, and log the date and time and forward the request to the Executive Vice President for review.
2. Employees shall request that any person desiring to communicate with a student, enter campus grounds, or conduct an arrest first produce a valid court order or judicial warrant.
3. Executive Vice President shall review the court order or judicial warrant for signature by a judge and validity. For Olympic College to consider it valid, any court order or judicial warrant must state the purpose of the enforcement activity, identify the specific search location, name the specific person to whom access must be granted, include a current date, and be signed by a judge.
4. Executive Vice President shall review written authority signed by an appropriate level director of an officer’s agency that permits them to enter Olympic College property, for a specific purpose. If no written authority exists, Executive Vice President shall contact the appropriate level director for the officer’s agency to confirm permission has been granted to enter Olympic College property for the specific purpose identified.
5. Upon receipt and examination of the required information, the Executive Vice President will determine whether access shall be allowed to contact or question the identified individual and shall communicate that decision to the appropriate personnel.
6. If the requestor is seeking access or information regarding a student under 18 years old, the Executive Vice President shall make a reasonable effort, to the extent allowed by FERPA, to notify the parent/guardian of any immigration enforcement concerning their student, including contact or interview.
7. The Executive Vice President shall request the presence of an Olympic College representative to be present during any interview. Access to information, records, or areas beyond that specified in the court order or judicial warrant shall be denied.

D. Gathering Immigration Related Information

Olympic College employees shall not inquire about, request, or collect any information about the immigration or citizenship status or place of birth of any person accessing services provided by, or in connection with the school. Olympic College employees shall not seek or require information regarding or probative of any person’s citizenship or immigration status where other information may be sufficient for the Olympic College’s purposes. This does not prohibit residency officers or related employees from reviewing information from students or others on a voluntary basis to determine that a student is qualified for in-state tuition rates.
Olympic College policies and procedures for gathering and handling student information during enrollment or other relevant periods shall be made available in writing to students and their guardian(s) at least once per academic year in a manner that Limited English Proficient (LEP) individuals will understand.
If Olympic College is required to collect and provide information related to a student’s national origin (e.g., information regarding a student’s birthplace, or date of first enrollment in a U.S. school) to satisfy certain federal reporting requirements for special programs, prior to collecting any such information or reporting it, Olympic College shall (except with respect to reporting requirements necessary for compliance with the Student and Exchange Visitor Program):
1. If feasible, consult with legal counsel regarding its options, including alternatives to the specific program or documents accepted as adequate proof for the program;
2. Explain reporting requirements to the student and student’s parent(s) and/or guardian(s), in their requested language, including possible immigration enforcement impact;
3. If moving forward with collection of information, receive and collect written consent from the student, if over the age of 18, or the student’s parent(s) and/or guardian(s); and
4. Collect and maintain this information separately from the school/class enrollment process and student’s records to avoid deterring enrollment of immigrants or their children.
When Olympic College reviews information related to immigration status to make residency determinations, the residency officer’s written confirmation that a student meets any applicable immigration status requirement shall be considered sufficient written evidence that a student meets the requirements of RCW 28B.15.012. All other documents used to prove student or other individual immigration status, aside from those independently required by law to be kept, shall be designated as transitory and disposed of in accordance with the Olympic College records retention policy. Any Olympic College employees maintaining said information in any other way shall report their retention procedure and basis to Executive Vice President prior to collecting the information.

E. Responding to Requests for Information

Olympic College employees shall not share, provide, or disclose personal information about any person for immigration enforcement purposes without a court order or judicial warrant requiring the information’s disclosure or approval by Executive Vice President, except as required by law. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.
Olympic College employees shall immediately report receipt of any information request relating to immigration enforcement to Executive Vice President who shall document the request.
Olympic College shall, to the extent allowed by FERPA or as otherwise advised by legal counsel, notify the student’s parent(s) and/or guardian(s) of the request for information at the earliest extent possible.

F. Use of Campus Resources

Olympic College’s resources shall not be used to engage in, aid, or in any way assist with immigration enforcement.
Olympic College’s resources and policies regarding immigration enforcement shall be published and distributed to students and their parent(s) or guardian(s) on an annual basis. These resources shall include, at minimum;
1. Information about accommodations for limited English proficiency, disability accommodations, special education programs (if applicable), and tuition assistance grant or loan programs that may be available regardless of immigration or citizenship status;
2. General information policies including the types of records maintained by the Olympic College, a list of the circumstances or conditions under which the Olympic College might release student information to outside people or entities, including limitations under FERPA and other relevant law;
3. Policies regarding the retention and destruction of personal information;
4. The process of establishing consent from students and their parent(s) or guardian(s), as permitted under federal and state law, prior to releasing a student’s personal information for immigration enforcement purposes;
5. Name and contact information for Olympic College’s designated point of contact on immigration related matters; and,
6. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of a family separation.

III. DEFINITIONS

“Civil immigration warrant” means any warrant for a violation of federal civil immigration law issued by a federal immigration authority. A “civil immigration warrant” includes, but is not limited to, administrative warrants entered in the national crime information center database, warrants issued on ICE Form I-200 (Warrant for Arrest of Alien), Form I-205 (ICE Administrative Warrant), or prior or subsequent versions of those forms, which are not court orders.
“Court order” and “judicial warrant” mean a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the Washington Constitution or otherwise authorized under the Revised Code of Washington. A “court order” includes, but is not limited to, judicially authorized warrants and judicially enforced subpoenas. Such orders, warrants, and subpoenas do not include civil immigration warrants, or other administrative orders, warrants or subpoenas that are not signed or enforced by a judge or magistrate as defined in this section.
“De-identified” means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
“F-1 Visa” is a United States (U.S.) visa for foreign national students who wish to attend educational institutions in the U.S., of these levels:
Private elementary school (non-U.S. citizens are not allowed to attend U.S. public elementary schools on an F-1 visa); High school; Seminary; Conservatory; University and college; and other institutions, such as a language training program.
“Federal immigration authority” means any on-duty officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security (DHS) including, but not limited to, its sub-agencies, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), United States Citizenship and Immigration Services (USCIS), and any present or future divisions thereof charged with immigration enforcement. “Federal immigration authority” includes, but is not limited to, the Enforcement & Removal Operations (ERO) and Homeland Security Investigations (HSI) of ICE, or any person or class of persons authorized to perform the functions of an immigration officer as defined in the Immigration and Nationality Act.
“Immigration or citizenship status” means as such status as has been established to such individual under the Immigration and Nationality Act.
“J-1 Visa” is the visa designated for students and exchange program participants who belong to: Au Pairs, Camp Counselor, Government Visitors, Interns, International Visitors, Interns, International Visitors, Physicians, Professors and Research Scholars, Short-term scholars, specialists in different areas, university students, secondary school students, teachers, trainees, work and travel participants. Those who come to the U.S. under this visa program cannot bring dependents to the U.S.13
“Language services” includes but is not limited to translation, interpretation, training, or classes. “Translation” means written communication from one language to another while preserving the intent and essential meaning of the original text. “Interpretation” means transfer of an oral communication from one language to another.
“Law enforcement agency” or “LEA” means any agency of the state of Washington (state) or any agency of a city, county, special district, or other political subdivision of the state (local) that is a “general authority Washington law enforcement agency,” as defined by RCW 10.93.020, or that is authorized to operate jails or maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.

Recommended by Josh Masters
Reviewed and Recommended by the Governance Coordinating Council – 01/27/2025
Approved by the President – 1/27/2025
Presented to the Board of Trustees – 2/18/2025