Letter Regarding Recent Threats of Deportation

June 26th, 2019 - 2:25pm

Dear College of Marin Community,

Summertime is often thought of as a relaxing break from the hectic rush of the traditional school year. However, recent statements about potential large-scale deportation raids in the coming months have, once again, created concern and anxiety among many of our immigrant students and their families. 

We continue to operate in a consistent manner with regard to immigration status. While the message below is not new, we believe it is important to reaffirm the District’s commitment to inclusiveness, diversity, and immigrant students, and MCCD Police Department’s united stance on this important topic. Following the message are links to resources faculty and staff can use to support our students and community members with information about their rights and how to prepare for possible encounters with immigration authorities.

In January 2017, the Board of Trustees adopted a resolution confirming that MCCD stands resolutely with our sister colleges in the California Community Colleges system in reaffirming the following principles: 

  • MCCD is open to all students who meet the minimum requirements for admission, regardless of immigration status. 
  • MCCD will not release any personally identifiable student information—including any data related to immigration status—without a judicial warrant, subpoena, or court order unless authorized by the student or required by law. 
  • MCCD will continue to advocate for educational opportunities for all students in our community, regardless of immigration status, at the local, state, and federal level. 

Our police department has a mission to enhance the educational process by providing a safe and secure environment. Enforcement of immigration laws, and the threat of enforcement, can have the unintended consequence of making our campuses less safe and secure since individuals might be reluctant to report crimes or suspicious behavior.

Campus police work collaboratively with our students, staff, and community, who are our eyes and ears. When members of the public report crimes and/or suspicion of criminal behavior, our officers use this information to investigate alleged crimes, and to arrest and prosecute criminals. Enforcing immigration laws would erode the trust we have built within our community and discourage victims and witnesses from communicating with us. The cooperation of our immigrant community is essential for us to prevent and solve crimes, maintain public order, and increase the safety and security of our campuses. 

The U.S. Immigration and Customs Enforcement (ICE) is responsible for enforcing federal immigration law. Local police agencies such as the MCCD Police Department enforce state and local criminal laws; immigration enforcement does not fall within our local law enforcement role. The MCCD Police Department will continue to enforce criminal law without regard to immigration status. MCCD police officers are committed to treating all people equally, with dignity and respect. 

MCCD continues to embrace inclusiveness and diversity as core values of the California Community Colleges system. The following strategies are consistent with these values and will be strictly adhered to: 

  • MCCD police will not detain, question, or arrest any individual solely on the basis of suspected undocumented immigration status. 
  • MCCD police will not assist federal officials in administrative sweeps or arrests of undocumented immigrants simply due to their suspected immigration status. 
  • MCCD police will comply with California’s “Sanctuary State” law, Senate Bill (SB) 54, to the fullest extent possible. SB 54 limits California law enforcement agencies’ cooperation with federal immigration enforcement efforts. 
  • Confidential student records will not be released without a judicial warrant, subpoena, or court order unless authorized by the student or required by law. 
  • Consistent with California Assembly Bill (AB) 450, immigration enforcement agents will not be granted access to nonpublic areas of a place of labor without a judicial warrant or as otherwise required by law.
  • Consistent with AB 450, immigration enforcement agents will not be allowed to access, review, or obtain employee records without a judicial warrant, subpoena, or court order unless authorized by the employee, required by law, or MCCD has received a Notice of Inspection (NOI) authorizing the agent to inspect certain records. If MCCD receives an NOI, we will notify employees.
  • Consistent with AB 450, MCCD will not re-verify employment eligibility of current employees except as required by law.

The following MCCD board policies (BP) and administrative procedures (AP) provide additional information about the District’s response to immigration enforcement actions; campus security and access; residence determination; and student records, directory information, and privacy.

  • BP 3415 / AP 3415 District Response to Immigration Enforcement
  • AP 3501 Campus Security and Access
  • AP 5015 Residence Determination
  • AP 5040 Student Records, Directory Information, and Privacy
Be an Ally in Action—Local, Regional, and National Resources
  • Call the deportation defense hotline from United We Dream at 1-844-363-1423 if you witness an ICE raid or any other immigration activity in your community
  • Rapid Response Network phone numbers for regions throughout Northern California
  • Directory of non-profit legal services providers across the country
Help Ensure Others Know Their Rights

Regardless of their immigration status, everyone in the U.S. has certain rights guaranteed under the U.S. Constitution. Remember these four key steps from the Immigration Legal Resource Center’s Red Card:

  1.  YOU DO NOT HAVE TO OPEN THE DOOR if an immigration agent is knocking. If they have a judicial warrant to enter, they will not need your permission.
  2.  YOU DO NOT HAVE TO ANSWER ANY QUESTIONS from an immigration agent if they try to talk to you. You have the right to remain silent. If you do answer, do not lie.
  3.  DO NOT SIGN ANYTHING without first speaking to a lawyer. You have the right to speak with a lawyer.
  4.  If you are outside of your home, ask the agent if you are free to leave and if they say yes, leave calmly.
Additional Resources

Know Your Rights and What Immigrant Families Should Do Now
https://www.ilrc.org/know-your-rights-and-what-immigrant-families-should-do-now

Step-by-Step Family Preparedness Plan (in English, Spanish, and Chinese)
https://www.ilrc.org/step-step-family-preparedness-plan

Immigration Support from Canal Alliance
https://canalalliance.org/services/get-legal-support/

Wellness Support at COM
http://ss.marin.edu/counseling/psychological-services

If you have questions, please contact Chief of Police Jeff Marozick at (415) 485-9467.

MCCD and the MCCD Police Department remain committed to serving all people regardless of their race, ethnicity, heritage, national origin, religion, age, gender, sexual orientation, gender identity, medical condition, disability—or their immigration status. Our students and community should continue to safely dream, learn, and achieve at College of Marin.

Respectfully,
   
David Wain Coon, Ed.D. 
Superintendent/President

Jeff Marozick
Chief of Police