What to do – Non-UWPD Law Enforcement on Campus

Access to campus spaces:

Many of the spaces on campus are public spaces and open to campus visitors and officials alike. However, UW employees must adhere to the Family Educational Rights and Privacy Act (FERPA). Therefore, student participant and employee information must be stored in secure spaces including private offices and staff only locations. 

Offices, labs, conference rooms, classrooms, and residential living areas are NOT public spaces. You are not required to grant federal employees (including ICE, Homeland Security, FBI, etc.) access to such spaces unless directed by a UW official 

For additional resources and information please visit this Campus and Community Safety site.

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Best Practices for Keeping Our Community Safe

1. Maintain a safe environment. Ensure that the presence of law enforcement does not disrupt the learning environment or cause undue stress to students, faculty, and staff. If necessary, suggest moving the discussion to a discrete location away from the communal spaces, reception or lobby areas, or classrooms.
2. Document the encounter. Keep a detailed record of the interaction, including the agents’ names and badge numbers, the date and time, and the specifics of their request. This documentation may be important as you correspond with UW officials and for any future legal considerations.
3. Inform the student/staff/faculty of their rights if contacted by non-UW officials. If you can communicate with the student/staff/faculty, advise them that they have the right to remain silent and to request legal representation. They are not required to disclose their immigration status without legal counsel present.

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Requests for Access to Campus Spaces:

Note that under state law, faculty and staff cannot authorize use of “agency funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin.” RCW 43.17.425(1); RCW 43.17.420(15).”

Civil immigration warrants do not grant special power to compel the College or University to provide access to non-public spaces on campus or information/evidence.  However, a court order or warrant signed by an Article III judge will generally require prompt or immediate compliance and authorizes the immigration enforcement official to search and seize the individual or property as described in the warrant.”

The ATGs office will need to determine whether a warrant or order is administrative (requesting consent, which can be legally denied) or judicial (signed by a judge, inside the bounds of criminal law, and which requires compliance).

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Requests for Information about students:

Please remain aware that most student information is protected by FERPA and cannot be released without a legal warrant. As with access to non-public spaces, someone in the Attorney General’s office would need to determine the legitimacy of a warrant or court order and then release the appropriate information. Employees should not release information without review by appropriate campus officials. If such information is requested, calling the campus safety contact [911 or (206) 685-8973] is again the right first action to direct federal officials or non-UW law enforcement to the appropriate campus officials to handle their requests.

The ONLY information that is public and would not be FERPA protected and require consent by the individual student is Directory information.

Directory information in WA state is “student’s name; major field of study; enrollment status; dates of enrollment; participation in recognized sports; degree or certificate earned; and term degree or certificate awarded honors.” Also note that students can restrict the information available in the campus directory.

“Disclosure of any other information would require the affected student’s consent before release in response to a public records request. Recall also that even if the response to a request is “Directory Information,” if responding to the request reveals non- Directory Information about the student then that disclosure would be governed by FERPA student consent rules and their exceptions. E.g., if a request asks for a list of “international students,” even if the disclosure would be directory information, it is not allowable under FERPA’s Directory Information exception as status as an international student is not directory information.”

This page of resources has been adapted from posted efforts from Los Rios Community College (https://losrios.edu/student-resources/support-services/undocumented-student-resources/how-to-respond-to-immigration-enforcement-on-campus); as well as, the Keep Washington Working Act (https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Home/Office_Initiatives/KWW/KWW%20Schools%20Model%20Guidance.pdf).