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University Support and Resources for Undocumented Students

Statement from President McQuilkin

As we prepare for the start of the spring semester, we want to take an opportunity to address an issue of growing concern to many within our community. The transition in federal administration has brought swift changes to various government policies and programs. Notable among these pertains to immigration law and enforcement. We understand that many are concerned about how these changes may impact both undocumented and international students, employees, family members and friends. Our Christ-centered identity and mission compel us to respond with grace and care for all members of our community.

Whitworth University is consistent in its affirmation of the human dignity and worth of all those who study and work here. In 2017, the university issued a response similar to this one and put in place safeguards for the protection and well-being of our students and employees. Since then, our position and commitments regarding the support of undocumented and international students and employees have remained unchanged.

Whitworth University remains committed to serving and protecting community members and helping our students and employees find safety, comfort and support, all while providing a transformative, Christ-centered educational experience for our students and purposeful, mission-driven work for our employees.

Federal Policy Changes

  • A variety of executive orders issued by President Donald Trump signal the expectation for increased immigration enforcement and related policy changes. In response to these orders, the Department of Homeland Security has authorized law enforcement agents from across the federal government to undertake investigations of undocumented migrants. 

  • The Immigration and Customs Enforcement agency (ICE) is the federal entity charged with immigration enforcement, and it conducts various operations under this authority, including searches, surveillance, detention and arrests. Historically, DHS policy has prohibited ICE agents from engaging in these enforcement operations at "sensitive locations," including churches, hospitals and schools/universities. However, the new federal administration has revoked this long-standing policy, and we are beginning to see reports of ICE visits to schools and businesses across the country.

University Response

In response to federal immigration enforcement directives and policy changes that permit ICE activity at schools, we have taken the following actions to safeguard the rights and well-being of our students and employees:

  • Developed a formal policy on the university's response to ICE visits and requests for student records that both safeguards students' rights and complies with federal regulations.
  • Updated our "University Support and Resources for Undocumented Students" webpage, which includes a new FAQs resource for our campus community to learn more about their rights and responsibilities related to immigration enforcement activity and requests from ICE officers or other federal agents, along with other resources.
  • Whitworth Student Financial Services has worked with state and federal offices to determine the security of student data contained within financial aid applications and systems, including FAFSA and WASFA. Whitworth Student Financial Services staff are committed to supporting all students who have questions or concerns about their financial aid.

FAQs on Federal Immigration Enforcement Activity on Campus

Students and employees are encouraged to reference the frequently asked questions below to further understand their rights and responsibilities pertaining to campus visits and information requests from federal immigration enforcement officers.

  • What are ICE and USCIS? Why might ICE/USCIS officers be on campus?

    U.S. Immigration and Customs Enforcement (ICE) is a federal agency within the Department of Homeland Security (DHS). ICE is charged with immigration enforcement and as part of that role may be looking to arrest and detain individuals who are suspected of violating U.S. immigration law.

    U.S. Citizenship and Immigration Services (USCIS) is a federal agency within the Department of Homeland Security (DHS). USCIS administers the country's naturalization and immigration system, including the Student and Exchange Visitor Program (SEVP) which is the program through which F-1 visa international students come to the United States and enroll in U.S colleges and universities.

  • Can immigration officers conduct enforcement actions on Whitworth campus?

    Yes, ICE and USCIS officers may arrive unannounced to inspect I-9 records, conduct an administrative site visit for a compliance review, request certain documents with a subpoena, or audit institutional compliance with USCIS/SEVP regulations and procedures.

    In addition, the Trump administration has revoked the long-standing DHS policy that prohibited ICE from engaging in enforcement operations at "sensitive locations," including schools, hospitals and colleges/universities. "Enforcement operations" include arrests, interviews, searches and surveillance.

  • What is the responsibility of Whitworth employees during ICE or USCIS visits?

    In the event of a visit by ICE or USCIS officers, employees should direct the officers to the registrar's office (McEachran Hall). Registrar's office staff are the most appropriate employees to interface with ICE requests for student records and information. The registrar's office is to request the immigration officer's name, identification number and agency affiliation. It may also be reasonable to contact Whitworth Security Services to notify them of the federal officer's presence on campus and to request their support with the overall interaction.

    Personally identifiable educational and university health records are protected by privacy laws including the Family Education Rights and Privacy Act (FERPA) and the Health Insurance Privacy and Accountability Act (HIPAA). As a university employee, you are required to maintain the confidentiality of these records. If an immigration enforcement officer presents a warrant or subpoena seeking such records from the registrar's office, they will request a copy of the warrant or subpoena presented and only disclose the information required by the warrant or subpoena.

  • In what situations can ICE officers enter residence halls?

    Federal immigration officers are required to have a criminal arrest or search warrant to lawfully enter limited access, non-public areas without consent. Most often, immigration officers who might come to campus would be acting on civil, not criminal, authority and generally carry administrative warrants. Administrative warrants are not signed by a judge and do not authorize officers to enter limited access areas (e.g., residence halls) without consent.

  • Can ICE officers enter off-campus apartments?

    No, not without a criminal warrant or consent. A student's rights are the same regardless of whether they live in on campus housing or in an off-campus apartment. A student does not have to allow entry to any law enforcement officer who is not in possession of a criminal warrant.

    A warrant of removal/deportation (ICE warrant) is a civil or administrative warrant and is not signed by a judge. If an immigration officer has a civil or administrative warrant, undocumented students have a personal choice whether to grant consent to enter their residence. However, if a law enforcement officer has a criminal search or arrest warrant signed by a judge, the officer does not need consent to enter the apartment or arrest an individual named in the warrant.

  • How are international students affected?

    International students that hold an F-1 or J-1 student visa are affected differently. According to the Department of Education, FERPA permits institutions to comply with information requests from the Department of Homeland Security to comply with the requirements of the SEVP program, which governs the student visa status. These requests must be made to one of the university’s authorized Designated School Officials (DSO). As Whitworth’s Principal DSO (PDSO), it is recommended to route all such requests to Nick McKinney (509.777.4596).

    These requests apply only to visa-holding international students and not to undocumented students/DACA recipients. Additionally, for international students participating in STEM OPT, immigration officers may conduct visits to campus if STEM OPT students are employed by a campus-based employer. During these site visits, SEVP verifies that students are engaging in the practical training described in their STEM OPT application and in accordance with the STEM OPT program.

  • What privacy protections exist for DACA and undocumented students?

    Whitworth University does not and will not voluntarily share information on the immigration status of undocumented members of our community. The personal identifiable information of undocumented or DACA students is protected by FERPA. It is important to note that FERPA does not protect the employment records of DACA recipients employed by a university, though FERPA does protect their educational records if those DACA recipients are enrolled on campus.

  • What is the role of Whitworth security staff in the event of campus visits or access requests by federal immigration enforcement agents?

    The university is committed to providing security services that strive to ensure a safe and secure environment in which all members of Whitworth’s community are protected. Whitworth security officers will not ask individuals about their immigration status or support ICE activity on campus unless compelled by a court order.

Protection of Student Information

Federal law governing student privacy rights protects personally identifiable information. Whitworth complies with all local, state and federal laws, and in doing so, the university will not voluntarily release protected student information, including citizenship or immigration status, unless compelled by law to do so.

Should you receive such a request for student information, whether informal or accompanied by a formal subpoena or court order, you are directed to contact the registrar's office and advise the requesting federal officer(s) that university policy prohibits you from releasing that information. The registrar's office, with support from academic affairs leadership, will oversee and mediate such requests.

Law Enforcement

The university is committed to providing security services that strive to ensure a safe and secure environment in which ALL members of Whitworth's community are protected. Whitworth security officers will not ask individuals about their immigration status nor support ICE activity on campus unless compelled by a court order. The primary jurisdiction over immigration enforcement rests with the federal government and not with Whitworth Security Services or any state or local law enforcement agency.

Legal Aid and Advocacy

We are committed to supporting those in our campus community with information about legal aid and advocacy resources. For those seeking legal representation or other immigration-related assistance, below are various community and broader resources:

Financial Support

In Washington state, undocumented students can file the WASFA - Washington Application for State Financial Aid. WAFSA is specifically for low-income, non-citizen students who attended a Washington high school and who are unable to file a Free Application for Federal Student Aid (FAFSA) due to immigration status.

The Plus Scholar Fund: Washington Dream Coalition is a youth-led program in Washington state that provides cash assistance for undocumented immigrants.

Students and families are encouraged to reach out to Whitworth Student Financial Services with any questions about their financial aid and related concerns.

Campus Support

There are various offices on campus that provide services and support for Whitworth students, faculty and staff. We encourage you to take advantage of the resources provided by these areas, among others: