Toolkit for Serving Undocumented Students at the University of California (1/31/2025)
BACKGROUND
The University of California is committed to ensuring that all students, regardless of immigration status, can pursue and attain a world-class UC education. This toolkit provides quick access to information, resources and tips for serving and supporting students who are undocumented or may come from families with mixed status, i.e., the student may have some form of authorization or legal status, whereas a parent, guardian or spouse may not. This toolkit is a reference sheet for quick access to information and is not a substitute for legal guidance from campus counsel. Guidance from the UC Immigrant Legal Services Center (UCIMM) is separate from UC Legal counsel. It is included in this toolkit as information on immigration processes and as a resource for undocumented students or individuals with Deferred Action for Childhood Arrivals (DACA) who may be or become their clients.
UC RESOURCES
• Frequently Asked Questions for University Employees About Possible Federal Immigration Enforcement Actions on University Property
• University of California Statement of Principles in Support of Undocumented Members of the UC Community
• Know Your Rights card
• University of California Undocumented Students Website
• Policies Applying to the Disclosure of Information From Student Records – PACAOS 130
• Responding to Immigration Enforcement Issues Involving Patients in UC Health Facilities
• Understanding Immigration Detention and Opportunities to Support UC Affiliates (Resource from the UCIMM)
CALIFORNIA STATUTES RELATING TO IMMIGRATION ENFORCEMENT ON CAMPUS
Senate Bill 54: The California Values Act
SB 54 narrowly limits state law enforcement agencies from assisting with immigration enforcement. For example, it generally prohibits agencies from using its resources to investigate, detect or arrest people for immigration enforcement purposes. The statute also required the state Attorney General’s office to develop model policies for public universities, among other institutions, on limiting assistance with immigration enforcement, https://oag.ca.gov/sites/all/files/agweb/pdfs/immigration/higher-education-guidance.pdf. UC’s policies and practices comply with SB 54.
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Assembly Bill 21: Public Postsecondary Education: The Access to Higher Education for Every Student
AB 21 requests that UC establish various policies and procedures on our campuses to foster a campus environment that is safe and welcoming for all members of our community, regardless of immigration status. For example, the statute addresses limitations on disclosing personal information about students, faculty and staff. UC’s policies and practices comply with AB 21.
TIPS FOR SERVING UNDOCUMENTED STUDENTS
Prepare staff for what to do if an immigration officer issues a subpoena or warrant
UC employees must follow state and federal laws in accordance with data privacy. It is possible federal or other law enforcement officers may come to a financial aid, registrar, undocumented student services officer, dean of students or other office with a warrant or subpoena. It is important that front desk staff be prepared if this situation were to occur. Those staff who face such an encounter should have that officer wait, while they contact their supervisor to contact campus counsel. Question number nine in the FAQ provides specific guidance for the records custodian in this situation, but it is important that front desk staff are also prepared.
Review data collection and information privacy practices
In addition to following all applicable laws relating to data privacy and relevant systemwide and local policies (including PACAOS-130), units that collect and handle confidential student information are encouraged to review current data collection practices and consult the campus Privacy Official, Chief Information Security Officer and UC Legal as needed.
In general, units are encouraged to:
• Refresh understanding of all applicable laws and university policies relating to student privacy, records management and electronic information security.
• Be mindful of the use of indicators or labels that may disclose a student’s immigration status.
• Consider the purpose for collecting data or information about a student’s immigration status.
• Retain only the minimum amount of information necessary for the specified purpose.
• Appropriately dispose of data or records once it is no longer needed in accordance with university records retention schedules.
Legal Support
The UC Immigrant Legal Services Center (UCIMM) has attorneys on each of the campuses except for UC Berkeley, which works with the East Bay Community Law Center. Both entities provide free legal services and advisement to students and their families. Please direct students seeking legal advice to these services so that staff can assess their individual circumstances. In addition, the UCIMM is offering support to UC employees with DACA or TPS.
Communications
It is important to maintain open lines of communication with students and to reinforce the host of resources available to them. Students’ safety networks are on the campuses, which include access to counseling and mental health services, legal support, financial aid, basic needs support, academic advising and communities of peers and allies. Where and when appropriate, campus leadership and student services offices should consider reinforcing these messages.
Academic Support
Students may need additional academic support and, in some instances, may take a temporary withdrawal or an incomplete in courses to tend to their physical and mental health, legal proceedings or familial obligations. Please work with these students so that they are informed of their options and might be able to easily return and continue with their degree completion.
Financial Aid
While federal financial aid may not be accessible, California has a robust financial aid program for undocumented students. Please direct any students to their campus’s financial aid office to get more information on the California Dream Act Application. The California Student Aid Commission (CSAC) website also provides information on financial aid and on their data protections.
FURTHER INFORMATION
Federal Governmental Relations at the Office of the President will monitor all executive orders and agency guidance under the new federal administration. Executive orders pertaining to immigration will be reviewed and, depending on the circumstance and nature of the order, appropriate guidance or communications will follow.
For further information regarding support for undocumented students, please contact Cynthia Dávalos, Associate Vice President for Graduate, Undergraduate and Equity Affairs, [email protected].