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February 2025

 

Know your rights and responsibilities: Potential immigration enforcement on campus
Kevin McCoy

 

  contact info for Public Safety (451-4242) and Legal (451-4235)
 
The FA encourages all members to save the phone numbers for both Public Safety (631-451-4242) and Legal Affairs (631-451-4235) in their mobile phone contacts.

Recent federal policy changes related to immigration enforcement actions have brought some questions, confusion and concern to our attention. To help members better understand their rights and responsibilities, we draw your attention to the College Brief sent last week from Mary Lou Araneo on behalf of General Counsel Ashley Pope and Vice President for Student Affairs Patty Munsch. Please review that email, as it carefully lays out considerations of applicable college, state and federal regulations that we must uphold.

We appreciate that the communication begins by affirming “As a public institution of higher education, the college remains committed to complying with the federal and state constitution, law and regulation as well as educating our students on the structures of government, political processes, history and civic engagement;” affirming students’ right to learn; and affirming the academic freedom guaranteed to faculty in Appendix B of our contract.

Trump’s executive orders & Laken Riley Act

Here is a partial list of immigration policies changed in President Trump’s first two weeks of office:

  • Federal policy no longer prohibits U.S. Immigration and Customs Enforcement (ICE) from entering sensitive areas like schools, churches and hospitals.
  • Undocumented immigrants who have been charged with a crime can be deported before they had a chance to have their case heard in court, including minor crimes such as shoplifting.
  • President Trump indicated that anyone entering the country illegally could be deported, even though crossing the border illegally is usually a civil offense.
  • Expedited removal of undocumented immigrants who have been here less than two years has been expanded to include the entire country, not just areas close to the border.
  • Workplace raids will increase.
  • Undocumented immigrants are required to register and present their fingerprints to the U.S. government.
  • Birthplace citizenship will only be granted if the child has at least one parent who is a legal permanent resident or U.S. citizen.

Immigration enforcement

In the past two weeks, there has been a series of high-profile immigration raids.  These raids have primarily been in municipalities that had not agreed to take on responsibility for immigration enforcement. While the stated purpose of the raids was to deport violent criminals, at least 50% of the people deported have not been charged with a crime in the U.S. or their country of origin. When conducting these raids, several U.S. citizens were arrested and held until they were able to provide proof of citizenship.

These raids have frightened immigrant communities. After the raid in Chicago, attendance decreased 25% in area schools. Companies that hire immigrants are reporting that many employees are afraid to come to work. Healthcare providers are worried that people are not going to seek medical care. Local law enforcement agencies are concerned that people are afraid to report crimes. Parents have arranged emergency care for their children in case they are deported.

How this impacts SCCC

Since we work daily in classrooms, labs, libraries, student services offices and other spaces across our multiple campuses, we should be aware that many of our students might be nervous about coming to school. This includes students who are undocumented, students who may have undocumented relatives or immigrant students who are in the country legally but fear being arrested in an immigration raid.

Faculty should not ask students about their immigration status but should be aware how the changes in immigration enforcement might affect their students.

We want to highlight how our members should react if anyone approaches and indicates they are affiliated with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), which are the law enforcement divisions within the Department of Homeland Security.

First, as the College Brief notes, “The college complies with federal immigration laws and regulations applicable to our educational, employment and other activities as well as judicial and court orders that have the force and effect of law.” Because enforcement of federal immigration law resides with ICE and CBP, you should know that our college Public Safety’s mission is to support a safe environment for everyone on campus and thus Public Safety does not:

  • ask the immigration status of an individual (including a victim, complainant, witness or person who calls or requests assistance)
  • stop, question or investigate an individual based solely on actual or suspected immigration or citizenship status
  • detain or arrest individuals
  • perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law.

Second, as the College Brief reminds us, “large-scale immigration enforcement actions at schools or college campuses were reportedly rare” but, still, administration reaffirms that it will follow established protocols and NYS/SUNY recommendations that limit the role of college employees in immigration investigation and enforcement activities.

Given the above, please know the following:

  1. Suspected immigration enforcement action on campus should be immediately referred to the Office of Public Safety (631-451-4242) and the Office of Legal Affairs (631-451-4235).

    We strongly advise all members to pause right now and save these numbers in your phone contacts.

    It is wise to have Public Safety (631-451-4242) in your mobile phone anyway in case of any campus emergency. This number works regardless of which campus you are on, or you can also dial x311 from any campus phone.

  2. Public Safety and Legal Affairs are the designated points of contact should any immigration enforcement officer present themselves on campus or otherwise (phone, email, off campus) request access to information or records, to a particular area/space of campus or to an individual believed to be on campus.

  3. Classrooms, labs, student services offices and other spaces considered restricted use spaces are not intended for general, open access.

    Should an immigration enforcement officer present themselves and request entry to a restricted space, politely ask their name, affiliation and ID (to guard against risk of potential imposters), indicate that college policy requires you to refer such law enforcement incidents to Public Safety immediately, then ask them to wait while you call Public Safety and Legal Affairs.

    However, if an officer declares that emergency circumstances exist and demands immediate access to a campus area or space, do not refuse the orders and instead immediately contact Public Safety and Legal Affairs.

We know that as FA members, you are deeply committed to the college’s educational mission—to supporting people on their path of education so they can make a good living and live a good life. But at the same time it is imperative that no one gets hurt should any incidents arise. Therefore, we cite the concluding message of the College Brief in full:

Although the college has carefully considered and developed protocols to appropriately direct and lawfully review immigration enforcement related requests as outlined above, in the event an enforcement official does not comply with the above procedures, college employees should not intentionally physically impede, interfere with or obstruct a government official in performing their lawful duties; rather, an official’s noncompliance with the directions above should be noted and referred to Public Safety and Legal Affairs immediately.

We sincerely hope no such incidents arise, but we need our members to be aware of their rights and responsibilities and to be prepared just in case.