Keep Washington Working Act

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

1. South Puget Sound Community 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.
2. South Puget Sound Community College shall ensure that all school staff and volunteers are aware of the rights of immigrant students to an education. 
3. South Puget Sound Community 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 KWW and any other applicable state or federal laws.
4. South Puget Sound Community 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.

1. South Puget Sound Community College does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to school grounds or their immediate vicinity. South Puget Sound Community College staff shall direct anyone engaging, or intending to engage, in immigration enforcement, including federal immigration authorities with official business that must be conducted on school grounds, to the Director of Campus Safety and Security prior to permitting entrance. South Puget Sound Community College staff shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement.
2. If anyone attempts to engage in immigration enforcement on or near South Puget Sound Community College grounds, including requesting access to a student, employee, or school grounds: 

            a. Staff shall immediately alert and direct the person to the Director of Campus Safety and 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 Vice President for Student Services and legal counsel for review. 

            b. Staff shall request that any person desiring to communicate with a student, enter school grounds, or conduct an arrest first produce a valid court order or judicial warrant.  

            c. The Vice President for Student Services and legal counsel shall review the court order or judicial warrant for signature by a judge and validity. For South Puget Sound Community 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. 

            d. The Director of Campus Safety and Security shall review written authority signed by an appropriate level director of an officer’s agency that permits them to enter South Puget Sound Community College property, for a specific purpose. If no written authority exists, Vice President for Student Services  and legal counsel shall contact the appropriate level director for the officer’s agency to confirm permission has been granted to enter South Puget Sound Community College property for the specific purpose identified. 

            e. Upon receipt and examination of the required information, the Vice President for Student Services and legal counsel will determine whether access shall be allowed to contact or question the identified individual and shall communicate that decision to the College President and legal counsel. 

            f. If the requestor is seeking access or information regarding a student under 18 years old, the Vice President for Student Services 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.  

            g. The Vice President for Student Services shall request the presence of a South Puget Sound Community 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.

1. South Puget Sound Community College staff 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. South Puget Sound Community College staff 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 South Puget Sound Community College’s purposes. This does not prohibit residency officers or related staff from reviewing information from students or others on a voluntary basis in order to determine that a student is qualified for in-state tuition rates.
2. South Puget Sound Community 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 school year in a manner that Limited English Proficient (LEP) individuals will understand. 
3. If South Puget Sound Community 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, South Puget Sound Community College shall (except with respect to reporting requirements necessary for compliance with the Student and Exchange Visitor Program):

            a. If feasible, consult with legal counsel regarding its options, including alternatives to the specific program or documents accepted as adequate proof for the program;

            b. Explain reporting requirements to the student and student’s parent(s) and/or guardian(s), in their requested language, including possible immigration enforcement impact; 

            c. 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

            d. Collect and maintain this information separately from the school/class enrollment process and student’s records in order to avoid deterring enrollment of immigrants or their children.  

4. When South Puget Sound Community College reviews information related to immigration status in order 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 South Puget Sound Community College records retention policy. Any South Puget Sound Community College staff maintaining said information in any other way shall report their retention procedure and basis to the Vice President for Student Services prior to collecting the information.

1. Sound Community College staff 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 the Vice President for Student Services, except as required by law. Requests by federal immigration authorities shall be presumed to be for immigration enforcement purposes.
2. South Puget Sound Community College staff shall immediately report receipt of any information request relating to immigration enforcement to the Vice President for Student Services who shall document the request.
3. South Puget Sound Community 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.

1. South Puget Sound Community College’s resources shall not be used to engage in, aid, or in any way assist with immigration enforcement. 
2. South Puget Sound Community 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;

            a. 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;

            b. General information policies including the types of records maintained by South Puget Sound Community College, a list of the circumstances or conditions under which South Puget Sound Community College might release student information to outside people or entities, including limitations under FERPA and other relevant law;

            c. Policies regarding the retention and destruction of personal information;

            d. 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;

            e. Name and contact information for South Puget Sound Community College’s designated point of contact on immigration related matters; and

            f. “Know Your Rights” resources and emergency preparedness forms to have completed in the event of a family separation.

*For information about SEVIS, please refer to Student and Exchange Visitor Program, U.S. 

Immigration and Customs Enforcement, available online at https://www.ice.gov/sevis (last visited May 17, 2020).