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AR 3301: Collecting, Maintaining, Sharing or Disclosing Country of Birth, Citizenship or Immigration Status Information

This regulation explains:

  • The limited circumstances under which employees of Mt. Hood Community College (MHCC) may ask a person for their country of birth, citizenship or immigration status information; and
  • The rules governing the retention and destruction of citizenship or immigration status information.
  • That citizenship or immigration status or country of birth information collected by MHCC generally may not be disclosed, unless a statutory exception applies.
  • That certain protected information may not be disclosed by MHCC for the purpose of enforcing federal immigration laws, unless a statutory exception applies.
  • Under what circumstances can such information be shared or disclosed by a public body.

Any person who regularly interacts with students, clients or members of the public should understand this regulation, particularly if that interaction involves collecting information from students, clients or members of the public. Anyone who can reasonably expect to come into possession of any person’s citizenship or immigration status or country of birth information, or protected information should be familiar with this policy, and should consult with it as necessary when issues governed by the policy arise. MHCC has designated the Vice President of Finance & Administrative Services as a resource for employees who may have questions about this policy.

Oregon law prohibits public bodies, including MHCC from inquiring or collecting information regarding an individual’s immigration or citizenship status or country of birth unless one of the following exceptions applies:

  • Citizenship or immigration status or country of birth information is required to advance an investigation into a violation of state or local criminal law (e.g., human trafficking);
  • Citizenship or immigration status or country of birth information is submitted to a court of this state, whether orally or in writing, in connection with a proceeding in that court;
  • Citizenship or immigration status or country of birth information is necessary to determine the individual’s eligibility for a benefit that the individual is seeking; or
  • Collection of citizenship or immigration status or country of birth information is required by state or federal law (other than for enforcement of federal immigration laws).

Citizenship or immigration status or country of birth information is information concerning:

  • Where a person was born; or
  • Whether a person is a citizen of the United States; or
  • Whether a person has lawful authority to be present in the United States.

When MHCC collects information to use in its business, the retention of that information is governed by schedules adopted pursuant to ORS 192.018, 192.105 and 192.108. Citizenship or immigration status or country of birth information that is collected pursuant to this policy is subject to the same retention requirements that govern the records of the program for which the information is collected. MHCC’s public records retention schedules are managed per AR 3310: Records Retention and Destruction. Information that is not needed for any official purpose of a public body is not a matter of public record, and need not be documented or retained. ORS 192.005(5).

There are some circumstances in which employees of MHCC may need to ask a person for their citizenship or immigration status or country of birth information, and can do so lawfully under Oregon law. These include:

  • MHCC is required by state or federal law (other than for enforcement of federal immigration laws) to request the information;
  • MHCC requires the information in order to advance an investigation into a violation of state or local criminal law;
  • MHCC has received a judicial order, judicial subpoena, or judicial warrant for the information; or
  • MHCC must submit the information to a court of this state, whether orally or in writing, in connection with a proceeding in that court.

Otherwise, asking about citizenship or immigration status or country of birth information violates state law.

MHCC does not administer any benefits for the public for which eligibility is based on citizenship or immigration status. But MHCC is legally required to ask for citizenship or immigration status or country of birth information under the following circumstances:

  • To verify employees’ employment eligibility.

To meet these requirements, MHCC must collect the following citizenship or immigration status or country of birth information:

Employee disclosure of which status applies to them:

  • A citizen of the United States
  • A noncitizen national of the United States
  • A lawful permanent resident
  • A noncitizen (other than the categories above) with temporary work authorization

Generally, Disclosure of Citizenship or Immigration Status or Country of Birth Information is Not Allowed

Oregon law generally prohibits public bodies from sharing or disclosing citizenship or immigration status or country of birth information that the public body collects, unless one of the following exceptions applies:

  • The disclosure is required by state or federal law (other than federal immigration law).
  • The disclosure is required by a judicial order, judicial warrant, or judicial subpoena.
  • The information being shared with a person concerns only that person or their dependents.
  • The information is aggregated and not personally identifiable.

Citizenship or immigration status or country of birth information is any information concerning:

  • Where a person was born; or
  • Whether a person is a citizen of the United States; or
  • Whether a person has lawful authority to be present in the United States.

Limited Disclosure of Protected Information

Oregon law generally prohibits sharing the following protected information about a person if the purpose is for the enforcement of federal immigration law:

  • Address;
  • Workplace or hours of work;
  • School or school hours;
  • Contact information, including telephone number, electronic mail address or social media account information;
  • Known associates or relatives; and
  • Date, time or location of the person’s hearings, proceedings or appointments with the public body that are not matters of public record; and
  • Above information about a person’s relatives or known associates likewise cannot be shared.

In general, federal immigration authorities are agents of the Enforcement and Removal Operations section of US Immigration and Customs Enforcement (ICE), which is housed in the Department of Homeland Security (DHS). However, any federal officer who is seeking to identify or locate one or more individuals for the purpose of pursuing possible removal proceedings is also a federal immigration authority.

Subject to the exceptions described in this policy, protected information may not be shared for the purpose of enforcing federal immigration laws. There may be additional reasons and laws outside of this policy (e.g. confidentiality laws specific to agency programs) that govern why protected information should not be disclosed.

Protected information must be disclosed when a state or federal law, outside of federal immigration law, expressly requires disclosure. Protected information must be disclosed in the event of a judicial order that directs a public body to provide the information. A judicial warrant is a common type of judicial order.

Many forms used by ICE or other federal immigration authorities look very official, but an ICE form is not a judicial order. A judicial order will have the following features:

  • A caption, near the top of the document, identifying the court that issued the order (typically the federal district court for the District of Oregon); and
  • A signature block, near the end of the document, including the name of the person who signed the order, and identifying that individual as a judge, magistrate, clerk of court, or other person signing on behalf of a judge or magistrate.

By contrast, an ICE form should identify ICE (or DHS) as the issuer of the document, and the signature block on an ICE form will not identify the person who signed it as a judge or magistrate. If you are presented with a document and are unsure whether it is a judicial order, consult the Public Safety Office.

Authority to Withhold Citizenship or Immigration Status or Country of Birth Information

Oregon law allows MHCC to decline to disclose citizenship or immigration status or country of birth information except as required by a judicial order, or as required by state or federal law (other than federal immigration law). However, employees of MHCC must disclose citizenship or immigration status or country of birth information if a judicial order, or if some other state or federal law (other than federal immigration law), requires the disclosure.

This policy does not authorize MHCC to refuse to disclose citizenship or immigration status or country of birth information to the individual that the information is about, or to that individual’s legal guardian. It does not authorize MHCC to refuse to disclose information that is not individually identifiable.

Adopted: XXX

Notes: Legally Required

References: ORS 180.805 - 180.810, and 181A.820 to 181A.829