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AR 3502: Contact with Federal Immigration Authorities and Federal Immigration Authorities’ Access to Public Facilities

This regulation explains what employees should do if, in the course of their work, they encounter federal officials enforcing federal immigration law and the extent to which employees of Mt. Hood Community College (MHCC) should allow federal immigration authorities to access facilities controlled by MHCC.

Employees of MHCC who are in a position to allow or prevent access to any MHCC facility must know and understand this policy. Employees should consult with it as necessary if they encounter federal immigration authorities. MHCC has designated the Public Safety Manager, Office of Public Safety as a resource for employees who may have questions about this policy.

An encounter with federal immigration authorities while at work may be unusual. MHCC is not tasked with enforcing federal immigration law. Federal immigration authorities do not have unfettered authority to access MHCC’s facilities, information, or records. These steps will help ensure such interactions are handled appropriately:

If a law enforcement or government official presents valid identification and asks for assistance locating a student or client due to their immigration status, you are required to refer them to the Public Safety Office, located in Room AC 2330 on the Gresham Campus. Please inform your direct supervisor about the incident. The supervisor will notify Public Safety at 503-491-7310. Once you have referred the official, your responsibility regarding their inquiry ends.

Public Safety will:

  • Ask federal immigration authorities to identify themselves.
  • Request to copy or photograph identifying credentials, at least with respect to the official who appears to be in charge.
  • Request to copy or photograph any other documentation including warrants, orders, or subpoenas presented by the federal immigration authorities.
  • Ask about the purpose of the encounter.
  • Contact the vice president of finance and operations or the vice president of students, or their designees, for guidance and permission on how to proceed.
  • If access to areas not accessible to the public is requested, inquire whether the access has been authorized by a judicial order, judicial subpoena, or judicial warrant. If so, request to copy or photograph the order before granting access.
  • If the agent does not present a judicial order, judicial subpoena, or judicial warrant, decline to provide information or access.
  • If the encounter is in any way uncomfortable, ask the federal officials to wait. Consult with a supervisor or with an attorney.
  • Document the encounter in detail, including time and date, duration, location, name of the federal immigration authority, name of the agents present, additional witnesses, what was requested (information, access, etc.), what was done by whom, and how the encounter concluded.

Absent a judicial order or emergency, employees of MHCC shall give federal immigration authorities no greater access to facilities operated by MHCC than members of the general public.

A judicial warrant or other judicial order can authorize federal immigration authorities to access property that is not generally open to the public. In addition, law enforcement authorities generally may enter property as justified by an emergency. Otherwise, law enforcement officers rely on consent to enter property that is not generally open to the public.

MHCC does not consent to federal immigration authorities entering areas of MHCC’s facilities that are not generally open to the public for purposes of enforcing federal immigration law. Employees of MHCC are not authorized to grant such consent. Consequently, employees of MHCC are not required to allow federal immigration authorities access to those areas, unless presented with a judicial warrant or other judicial order that grants access.

Many forms used by US Immigration and Customs Enforcement (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 will identify ICE (or US Department of Homeland Security) 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 Public Safety.

Employees of MHCC should not attempt to impede federal immigration authorities claiming an emergency justification for entering non-public areas of MHCC’s facilities. Any such occurrence must be documented and reported to a supervisor immediately so that MHCC may consider an appropriate response.

Approved: XXX

Notes: Legally Required

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