Golden Gate University Immigration & Law Enforcement Information for Students, Faculty, and Staff
The information contained herein is provided to assist members of our University community and in accordance with the State of California law regarding immigration enforcement.
California Assembly Bill 21 (AB21) commits to access to higher education for every student regardless of their immigration status. As a result:
- Colleges and universities must implement rules about access to personal information and the campus
- Colleges and universities must provide access to certain resources
- Colleges and universities must take certain actions if immigration enforcement is anticipated
- Colleges and universities must designate a school official responsible for implementing the steps above
This is a summary of the requirements that are applicable to our University.
Access To Personal Information and the Campus
Under state law, unless a disclosure is permitted by state and federal education privacy laws such as FERPA, faculty and staff are prohibited from discussing the personal information, including FERPA-protected information of students and confidential personnel information of employees, which includes their immigration status, of any student, faculty, or staff member with anyone, or revealing that personal information to anyone. It is important to note that internal disclosures are allowed under state and federal law for those with a legitimate need to know.
Furthermore, as with all law enforcement activity, the University requires a judicial warrant to grant access to non-public areas of the campus for immigration enforcement. These non-public areas include but are not limited to:
- The campus facility at 536 Mission St. San Francisco, CA 94105 and includes all:
- Classrooms
- Suites and Offices (both private and shared)
- The HUB and Spaces used for transactional and counseling services
- Libraries and the Learning Commons
- Lobbies, Lounges, Restrooms and Hallways
- Workrooms
- Lactation rooms
These requirements do not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities that may occur as a result of the University’s participation in SEVIS.
Required Resources
The University must maintain a contact list of legal service providers who offer immigration representation and provide this list free of charge to all students who request it. Additionally, the University must post guidance on its website and distribute it via email each semester to all students, faculty, and staff regarding their rights under state and federal immigration laws, and how to respond to federal immigration actions or orders.
The Bar Association of San Francisco is a source of helpful information regarding legal matters to include immigration. They are available at this link: https://www.sfbar.org/lris/
And, the California Bar Association, Lawyer Referral Services, provides a Certified Lawyer Referral Services Directory. They are available at this link: https://www.calbar.ca.gov/Public/Need-Legal-Help/Certified-Lawyer-Referral-Services-Directory
Resources For Students in the Event of Immigration Enforcement
As required by state law, if an undocumented student is detained, deported, or unable to fulfill their academic requirements due to a federal immigration order, the University shall assist the student in retaining eligibility for financial aid, stipends, or other educational projects or services, and allow the student to re-enroll once they are able to return to the University.
The University must ensure that staff are available to assist undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk. Staff cannot advise on immigration compliance. Their role is to ensure that the individual community member understands the impact of any enforcement action on their status at the University and the resources that may be available.
Designated Official
As required by state law, the University must designate an individual to serve as a “point-of-contact” for any student, faculty or staff member who may be subject to an immigration order or other law enforcement inquiry while on campus. The designated official for Golden Gate University is Mike Koperski, the Executive Director of Business Services, Facilities and Administration. He can be reached at 415-442-7082 and/or mkoperski@ggu.edu. If the GGU Designated Official cannot be reached, please notify Campus Safety and Security.
Steps to Take if Enforcement Action Is Expected
All students, faculty, and staff are requested to notify Campus Safety and Security at 415-442-7000 or by dialing “0” on any campus phone immediately if an immigration officer (or other law enforcement personnel) is expected to enter, is entering, or has entered the campus to execute a federal immigration order. Campus Safety and Security will notify the GGU Designated Official as soon as they receive information about immigration enforcement activity.
As required by state law, if there is reason to suspect that a student, faculty, or staff member has been taken into custody due to an immigration enforcement action, the University must notify the individual’s emergency contact. Please ensure your emergency contact information is current by updating it in the student portal on myGGU, or in Paycom for employees.
Frequently Asked Questions Regarding Immigration Inspections, Verifications
Below are some frequently asked questions about the law and its implications for the University community. If you have questions that are not addressed below, or if you may be subject to an immigration order or inquiry, please contact the GGU Designated Official.
FAQ for Students, Faculty & Staff
Immigration enforcement officers use two types of warrants: administrative warrants and judicial warrants. Administrative warrants do not authorize immigration enforcement officers to enter non-public areas. General inquiries about the difference between administrative and judicial warrants should be directed to the GGU Designated Official. If you are presented with a warrant by an immigration enforcement officer, contact Campus Safety at 415-442-7000 or by dialing “0” on any campus phone immediately. All references to “warrants” in the FAQs refer to judicial warrants unless specified otherwise. No one other than the GGU Designated Official may analyze the validity of a warrant or make a determination about the University’s obligation to comply with a warrant. The GGU Designated Official will need to consult with legal counsel to ensure that the University is complying with relevant state and federal privacy laws before proceeding. This is the same protocol that you should follow for any law enforcement activity.
Since GGU is a “closed-campus”, meaning a valid entry credential is required for entry into the facility, all indoor spaces of the campus facility at 536 Mission Street, San Francisco, CA 94105 are “non-public” areas.
Yes. The outdoor spaces of the campus facility at 536 Mission Street, San Francisco, CA 94105, are considered “public” spaces. These include the Arcade and seating areas along Mission Street, the entry BRIDGE, the Plaza Courtyard, and the entry vestibules along Jessie Street.
Federal law permits immigration enforcement officers (or other law enforcement personnel) to take action in any public location without a judicial warrant to enter the space. However, they cannot enter nonpublic areas without a warrant or the consent of the owner or person in control of that location. California law prohibits educational institutions from granting this consent.
You cannot consent to the officer’s request to be allowed access to non-public areas unless the officer presents a warrant, court order, or subpoena. If the officer presents a warrant, court order, or subpoena or other type of documentation, contact the GGU Designated Official immediately. He will contact the GGU General Counsel and the CHRO and/or the Dean of Students as applicable. Ask the immigration officer to wait in a public area for a response. It is paramount that you not attempt to verify the legality of any warrant, court order or subpoena yourself. This is the same protocol that you should follow for any law enforcement activity.
Request that the officer present a judicial warrant. If they do not, inform them they must leave. If they do present a warrant or any other form of documentation, contact the GGU Designated Official and ask the officer to wait in a public area for a response. It is paramount that you not attempt to verify the legality of any warrant, court order or subpoena yourself. This is the same protocol that you should follow for any law enforcement activity.
Encourage the individuals involved to relocate their conversation to a private space. Advise them that discussing someone’s immigration status publicly may expose that individual to enforcement actions.
GGU is legally obligated to comply with judicial warrants or subpoenas presented by immigration officers that authorize entry into non-public areas – even those where individuals have a reasonable expectation of privacy. Administrative warrants and other types of enforcement documents do not grant this right. If presented with a warrant or any other form of documentation, immediately contact the GGU Designated Official and ask the officer to wait in a public area for a response. It is paramount that you not attempt to verify the legality of any warrant, court order or subpoena yourself. This is the same protocol that you should follow for any law enforcement activity.
You do not have to consent to a search (and do not have the authority to do so), but do not physically prevent an officer from entering if they claim an emergency exists. In limited exigent circumstances, federal law allows law enforcement to enter non-public areas without a judicial warrant. Contact the GGU Designated Official immediately or Campus Safety and Security if the GGU Designated Official is unavailable and ask the officer to wait in a public area for a response. This is the same protocol that you should follow for any law enforcement activity.
California’s law prohibits GGU from consenting to warrantless entry by immigration officers to non-public areas. As such, GGU, through its faculty and staff, is obligated to require immigration officers to present a warrant, court order, or subpoena prior to allowing them entry to nonpublic areas.
If the off-campus event is in a public space, federal law allows immigration officers to act without a judicial warrant or the owner of the space’s consent. Nevertheless, always request a warrant. Regardless of location, immediately contact the GGU Designated Official if an immigration officer is expected to enter or has entered campus space, or if you suspect someone has been taken into custody. For concerns about off-campus events, contact the GGU Designated Official.
Assume that the venue of the event is public and/or may consent to access by immigration officials. For concerns or further guidance, contact the GGU Designated Official.
At an immigration checkpoint, do not resist or obstruct the immigration agents or officers, and know your rights. If you have reason to believe that a student, faculty, or staff person has been taken into custody as a result of an immigration action you must immediately inform the GGU Designated Official.
Direct them to the Dean of Students, or Chief Human Resources Officer as applicable or the GGU Designated Official. These employees may not provide legal advice but can help direct the person to the appropriate resource.
Campus Safety & Security’s role is to maintain a safe environment at Golden Gate University. They do not have the responsibility to enforce federal immigration laws. They will not contact, detain, question, and cannot arrest individuals. However, if immigration officers present judicial warrants, Campus Safety & Security officials may assist in maintaining order.
No, unless required by a judicial warrant, court order, or subpoena. The law prevents the university from disclosing personal information to immigration enforcement officers without such orders.
Immigration and Customs Enforcement will no longer treat college campuses as “sensitive locations,” but Immigration Officers would still need to produce a judicial warrant to access GGU’s nonpublic areas.
AB 21 does not allow or require GGU to refuse to comply with Notices of Inspection issued by ICE. Another California law, AB 450, requires employers, including GGU, who receive a Notice of Inspection from ICE to post a notice informing their employees of the Notice of Inspection. No law, however, empowers GGU to refuse to cooperate with a properly-noticed inspection of I-9 forms by ICE. GGU is required to and will comply with federal law pertaining to I-9s.
AB 21 does not affect GGU’s rights or responsibilities regarding students holding F and J visas in connection with GGU’s participation in the Student and Visitor Exchange Program. As such, GGU will continue complying with properly-issued site requests for review of records related to its participation in the Student and Exchange Visitor Program.
FAQ for Faculty & Staff
California law does not explicitly define personal information. In general, for students it would include any information protected by FERPA, including one’s immigration status, class schedule, or residential address. GGU also considers the immigration status of one’s family members to be personal information. At a minimum, “personal information” also includes, but is not limited to, a person’s address, phone number, email address, course schedule, known associates, and student or personnel record.
Direct the conversation elsewhere. While the individual at issue is legally allowed to disclose this information, in general this is not an appropriate topic for the classroom, given the risk of re-disclosure. Do not solicit, even indirectly, any additional personal information from that or any other student.
Inform the students that this is not appropriate behavior. Direct the discussion to other topics.
In general, this approach should be avoided. While it may contribute to classroom discussion, one should carefully consider the risks of doing this and the potential for enforcement action based on such a disclosure.
State law prohibits disclosure of private information of employees. The University does not disclosure personal information except as required by a judicial warrant, court order, or subpoena.
This shouldn’t happen considering the Safety & Security Team in the Main Lobby typically controls access to the non-public facility. However, if you observe an immigration enforcement officer or other law enforcement personnel within the facility, please notify Campus Safety & Security immediately and wait for their response.
As stated in our FERPA Policy, school officials who have a legitimate educational interest in the education records of a student are permitted access to this information. If you have further questions, please contact the Dean of Students, the Chief Human Resources Officer or the GGU Designated Official as applicable.
Please be prepared to warn students that they should not share this information with you unless it is relevant to your role. If you need further assistance or have questions contact GGU Designated Official.
Yes because the University operates as a closed facility that is only accessible by those with authorized access.
Federal courts treat such venues, even where members of the public must purchase tickets to gain admission, as public, at least for the purpose of determining whether attendees have a reasonable expectation of privacy. Venues which are not open to the public may be non-public for purposes of California law. If you have questions about a particular event or venue, please contact the GGU Designated Official.
