Frequently Asked Questions
What if ICE comes to campus?
Can I release student information to law enforcement officials?
Not without official permission from the Vice President of Student Services of Fullerton College. Student information is governed by the Family Educational Rights and Privacy Act (FERPA), which protects student data.’
Will Fullerton College Campus Safety enforce federal immigration laws?
No. Fullerton College will:
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Not enter into agreements with law enforcement agencies or federal departments for the enforcement of federal immigration law
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Not honor immigration hold requests
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Not contact, detain, question or arrest individuals solely on the basis of declared or suspected immigration status
Fullerton College will continue to respect and support the California Trust Act (AB 4), which does not allow minor infractions to trigger deportations. We’ll continue to work at all levels of government to advocate for the rights of our diverse student population to obtain a quality education.
Since Fullerton College is an open campus, can law enforcement officials access all areas of campus without permission?
No. Although Fullerton College is a public institution, there are areas on campus that have limited access, including classrooms, locked offices or areas marked as “authorized personnel” that cannot be accessed without official Fullerton College permission.
Are there different rules for international students?
No. Campus policies also pertain to international students.
What have we done to prepare?
- President Olivo is a member of the local LULAC Chapter and receives regular communication regarding local resources which she shares with our campus
- President Olivo is a member of Presidents’ Alliance on Higher Education and Immigration where best practices have been implemented on this website
- Fullerton College is a proud partner of Los Amigos de Orange County organization and receives regular communication regarding local preparation for our undocumented community and allies
- Two employees recently participated in the re-organization of the Leticia A. Network, a community-based group that was formed in the 1990’s when higher education began to see a backlash against Undocumented Students and successfully advocated for the laws we have in place now to help such as AB-540. Resources obtained from the meeting have been incorporated into this website.
- Campus Communications attended the Orange County Immigration Coalition Meeting
- A Management Team presentation was conducted to loop all administrators into the current information
- President’s Advisory Council agenda items regularly loop all the campus governance groups on the current information and the idea for this website was raised there
These are just some of the ways our campus is preparing to educate our community on their rights and communicate our support of all students and employees at Fullerton College. On this webpage, we hope you can explore the plethora of resources and latest information here to holistically support you.
What laws protect undocumented student data privacy?
What is AB-540?
AB 540 is a California state law that allows eligible students, including undocumented students, to pay in-state tuition at California’s public colleges and universities.
Getting Started at Fullerton College – Undocumented, AB540, DACA
What is the California Dream Act?
The California DREAM Act is a package of California state laws that allow undocumented students who were brought into the US as children to apply for student financial aid benefits. These students must have attended school on a regular basis and meet in-state tuition and GPA requirements.
What is AB 21?
California Values Act, and Assembly Bill (“AB”) 21), which prohibited state and local agencies from using resources to further certain federal immigration enforcement efforts.
What is SB 54?
Senate Bill 54 a. Provides Guidance for Community College Police The Education Code authorizes the governing board of a community college district to establish a community college police department under the supervision of a community college chief of police. (Ed. Code, § 72330, subd (a).) Community college police are sworn peace officers. (Ed. Code, § 72330, subd (c); Penal Code, § 830 et seq.) SB 54 prohibits state and local law enforcement from using money or personnel to investigate, interrogate, detain, detect, or arrest persons, or to conduct other activities, for immigration enforcement purposes. (Gov. Code, § 7284.6.) Exceptions exist related to individuals who have committed serious crimes. (Gov. Code, § 7282.5, subd (a).) The legislation applies expressly to community college police. (Gov. Code, § 7284.4, subds (a) and (k).) SB 54 reflects that California’s public policy interests are best served “by a relationship of trust between California’s immigrant community and state and local agencies” (Gov. Code, Chancellor’s Office 1102 Q Street, Sacramento, CA 95811 | 916.445.8752 | www.cccco.edu 3 § 7284.2), and that this interest would be undermined, resources would be misallocated, and constitutional concerns would arise, if state and local law enforcement agencies cooperate with federal immigration enforcement officials.
SB 54 prohibits community college police from cooperating with federal immigration enforcement efforts in the following respects: 1. Use of state and local resources. Community college police may not use personnel or funds to investigate, interrogate, detain, detect, or arrest persons by inquiring into an individual’s immigration status; detaining an individual on the basis of an Immigration and Customs Enforcement hold request; providing non-public information relating to a person’s release date from custody; providing personal information about an individual, including non-public contact information; making or intentionally participating in arrests based on civil immigration warrants; assisting immigration authorities in activities not authorized by a judicial warrant (see 8 U.S.C. § 1357(a)(3)); or performing the functions of an immigration officer. (Gov. Code, § 7284.6, subd. (a)(1).) 2. Federal supervision. Community college police may not be under the supervision of federal agencies or be deputized as special federal officers or special federal deputies for purposes of immigration enforcement. California peace officers remain subject to California law governing the conduct of peace officers and the policies of the employing agency. (Gov. Code, § 7284.6, subd. (a)(2).) 3. Immigration authorities as interpreters. Community college police shall not use immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody. (Gov. Code, § 7284.6, subd. (a)(3).) 4. Transfers to immigration authorities. Community college police shall not transfer an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or if the person has convicted a serious crime listed in Government Code section 7282.5. (Gov. Code, § 7284.6, subd. (a)(4).)
- Permissible Cooperation with Immigration Enforcement SB 54 also identifies categories of state and local police cooperation with federal immigration enforcement that remain permissible, provided they are also authorized by local policy. 1. Re-entry following deportation. If in the course of an unrelated law enforcement activity a community college police agency detects a violation of the federal prohibition against re-entry following deportation (8 U.S.C. § 1326), that agency may investigate, enforce, detain, or arrest, under applicable standards. (Gov. Code, § 7284.6, subd. (b)(1).) 2. Specific criminal history inquiries. Community college police may respond to a request from immigration authorities for information about a specific person’s criminal history, including previous criminal arrests, convictions, or similar criminal history information accessed through the California Law Enforcement Telecommunications System (CLETS), where otherwise permitted by state law. (Gov. Code, § 7284.6, subd. (b)(2).) 3. Task force participation. Community college police may conduct enforcement or investigative duties associated with a joint law enforcement task force, including the sharing of confidential information with other law enforcement agencies for purposes of task force investigations, subject to a number of specified conditions, as long as the task force’s primary purpose is not immigration enforcement. (Gov. Code, § 7284.6, subd. (b)(3).) 4. Crime victim information. Community college police may inquire whether an individual who has been identified as a potential crime or trafficking victim may be certified for a visa program. (Gov. Code, § 7284.6, subd. (b)(4).) 5. Custodial interviews. Immigration authorities may be provided access to custodial interviews of an individual in agency or department custody, provided the access is in compliance with the TRUTH Act. (Gov. Code, § 7284.6, subd. (b)(5) [citing Gov. Code, § 7283].)
- Assembly Bill 21 AB 21 places a number of affirmative obligations on community college districts to prevent student, staff, and faculty from participating in federal immigration enforcement efforts unless required by state or federal law. The statute is intended to ensure that everyone in California has an opportunity to pursue an education free from intimidation and without fear or undue risk. (Ed. Code, § 66093, subd. (a).) AB 21 imposes the following obligations: 1. Protection of Personal Information. College districts must refrain from disclosing personal information about students, faculty, and staff. There are five exceptions to this rule: (1) when there is proper consent; (2) when state and federal privacy laws permit the disclosure; (3) when necessary to implement the program for which the information was obtained; (4) when included in a directory that does not include residence addresses or individual persons’ course schedules and the person has not elected to opt out of the directory; or (5) when in response to a judicial warrant, court order, or subpoena. (Ed. Code, § 66093.3, subd. (a).) 2. Notice of Immigration Enforcement Activity. College districts must advise all students, faculty, and staff to notify the office of the college district chancellor or president immediately if an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. (Ed. Code, § 66093.3, subd. (b).) 3. Notification of Emergency Contact. If there is reason to suspect that a student, faculty, or staff person has been taken into custody in an immigration enforcement action, the college district shall immediately notify the person’s emergency contact. (Ed. Code, § 66093.3, subd. (c).) 4. Compliance with Judicial Warrants and Subpoenas. An immigration officer may only be allowed access to nonpublic areas of the campus upon presentation of a judicial warrant. This subdivision shall not apply to nonenforcement activities, including an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, or employment verification efforts. (Ed. Code, § 66093.3, subd. (d).) 5. Response to On-Campus Immigration Enforcement. The college district shall advise all students, faculty, and staff having contact with an immigration officer executing a federal immigration order to refer that officer or responsible entity to the office of the district chancellor or president to verify the legality of the warrant, court order, or subpoena. (Ed. Code, § 66093.3, subd. (e).) Chancellor’s Office 1102 Q Street, Sacramento, CA 95811 | 916.445.8752 | www.cccco.edu 6 6. Single Point of Contact. College districts shall designate a staff person to serve as a point of contact for any student, faculty, or staff person who could be subject to an immigration order or inquiry on campus. Faculty and staff shall be prohibited from discussing personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone, unless the disclosure is permitted by state and federal education privacy law. (Ed. Code, § 66093.3, subd. (f).) 7. Legal Services. College districts shall maintain and provide students a contact list of immigration legal services providers upon request and free of charge. (Ed. Code, § 66093.3, subd. (g).) 8. Attorney General’s Office Model Policy. College districts shall adopt and implement the model policy developed by the Attorney General’s Office or an equivalent policy to limit assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. (Ed. Code, § 66093.3, subd. (h).) 9. Internet Resources. College districts must prominently display on their Internet sites current information, including the Attorney General’s Office model policy and relevant guidance, regarding their rights under state and federal immigration laws. (Ed. Code, § 66093.3, subd. (i).) 10. Hold Undocumented Students Harmless. In the event that an undocumented student is detained, deported, or is unable to attend to his or her academic requirements due to an immigration enforcement action, the college district shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits he or she has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college. Staff should be available to assist undocumented students, and other students, faculty, and staff whose education or employment is at risk because of federal immigration actions. (Ed. Code, § 66093.3, subd. (j).) D. Conclusion The California Community Colleges serve the largest and most diverse student body and workforce in higher education. We are committed to creating a safe, welcoming and inclusive Chancellor’s Office 1102 Q Street, Sacramento, CA 95811 | 916.445.8752 | www.cccco.edu 7 environment across our system. 2 Given these principles and the state laws discussed above, our system will refrain from cooperating in federal enforcement of national immigration laws unless compelled to do so by state or federal law. Further, our system does not capture information on undocumented students, and our colleges will not release personally identifiable student information related to immigration status unless required by judicial order.
How does our college and district create policies to support Undocumented Students? Promoting a Safe and Secure Campus for All – Guidance and Model Policies to Assist California’s Colleges and Universities in Responding to Immigration Issues
How does our college and district create policies to support Undocumented Students?
How Does the City of Fullerton Conduct Immigration Enforcement?
City of Fullerton/Fullerton Police Department Statement on Immigration Enforcement
The Fullerton Police Department would like to remind our community of a few things regarding Immigration Enforcement in the City of Fullerton:
- Let us be clear from the start: Public Safety is the primary concern of the Fullerton Police Department, NOT immigration.
- That means if you’re a DACA student working hard to earn a college degree at any of our schools or colleges, or an undocumented immigrant who is otherwise obeying the law, we are not going to go out of our way to pursue and detain you.
- It means that regardless of your immigration status, if you need assistance – either from injury, assault, or accident – our role is still to help you in any way possible.
- The Fullerton Police Department does not enforce federal law – by statute it’s not our job. And beyond the legal limits, any attempt to target non-criminals would jeopardize our ability to effectively protect our community.
- Public safety requires public partnerships, and undue immigration enforcement will erode both the trust and collaboration we need from people living in our community.
- HOWEVER, there are instances when providing public safety require us to cooperate with our federal partners.
- Consistent with our existing state laws and current procedures, we strongly believe that undocumented immigrants who commit violent and serious offenses against members of our community should be subject to all laws, including the immigration laws of this country.
- The Fullerton Police Department is charged with keeping you and your family safe. We will continue to do so regardless of your immigration status, and we will continue to expend our resources protecting our community from anyone with ill-intent.