DREAMers Resource Center

Resolution

Access and opportunity for all

Dear PCC Community,

The PCC community is acutely aware of the challenges and uncertainties surrounding executive actions and federal legislation and their potential impact on our undocumented, DACAmented, immigrant, and international students and community members. While future developments remain uncertain, we stand firm in our commitment to ensuring that every member of our community feels safe, welcomed, and supported. Now more than ever, we reaffirm our dedication to supporting all students and safeguarding their rights and privacy.

At the heart of Portland Community College is a commitment to diversity, equity and inclusion. You, our students and staff, are at the heart of what we do, and your courage, resilience, and contributions inspire us daily to advance our mission of access and opportunity for all. These values are essential to the college’s mission, to our accreditation themes, to the Board’s goals and objectives, and to the college’s strategic plan. In alignment with these values, in 2016, the Portland Community College Board of Directors adopted the designation of PCC as a “sanctuary college.” As a sanctuary state since 1987, Oregon has upheld a longstanding commitment to the safety, dignity, and human rights of all its residents, further reinforcing the college’s dedication to equity and social justice.

PCC strives to be a catalyst for positive change and a beacon of hope for our entire student body – a place that values dialogue, civic engagement and learning. By continuing the steps outlined below and expanding pathways for equitable success across the college, we aim to empower all students to reach their full potential. This is the promise of educational access and opportunity that defines Portland Community College – now and always.

Sincerely,

Vicky López Sánchez
Executive Dean, K12 & Community Partnerships

See answers to some frequently asked questions to learn more.

“Sanctuary College” resolution

On December 20, 2016, the PCC Board of Directors resolved to adopt the term “sanctuary college” to describe PCC’s commitment to supporting all students. Here is what that means:

  1. PCC will uphold its legal obligation to protect the privacy rights of all students under the federal Family Educational Rights and Privacy Act (FERPA). We will not release non-directory student information unless legally compelled to do so, and may provide FERPA workshops to students to increase awareness of their rights under this law.
  2. PCC public safety officers do not and will not enforce federal immigration laws as they do not have the legal authority to do so. Instead, they will remain committed to ensuring PCC is a safe environment for all.
  3. PCC is committed to engaging with partner organizations, state and local governments, and related agencies to collaborate on these key issues.
  4. PCC will continue to provide in-state tuition rates to all students who otherwise satisfy PCC’s residency guidelines.
  5. The PCC Foundation will continue to help ensure that students in our region have access to an outstanding education at PCC regardless of their ability to pay. Foundation staff will continue to work with donors interested in providing philanthropic support for the PCC DREAMers Scholarship for first generation, low-income students who are ineligible to apply for federal financial aid.
  6. PCC will work with appropriate community partners to foster access to support services for undocumented, DACAmented, immigrant, refugee, and international students. The college will continue to sponsor events, workshops or listening forums to connect students to the resources and information they need. Additionally, PCC will elevate the DREAMers Resource Center as a central hub for these student populations, ensuring they have a dedicated space for support and guidance.
  7. PCC will continue to build the college’s capacity for respectful and challenging dialogue across differences.
PCC procedure regarding immigration enforcement

In December 2016, the Portland Community College (“PCC”) Board of Directors established PCC as a “sanctuary college” that prioritizes a safe and welcoming environment for all students, as laid out above.

In accordance with the designation of PCC as a sanctuary college, we affirm that access to PCC campuses by Immigration and Customs Enforcement (“ICE”) agents creates a risk of substantial disruption of the campus environment and to PCC’s mission to provide “access to quality education while advancing economic development and promoting sustainability in a collaborative culture of diversity, equity and inclusion.”

This procedure sets forth the steps that PCC staff will take if ICE seeks to engage in any type of immigration law enforcement at any PCC campus or center.

Definitions

These definitions are for the purposes of this PCC procedure and are not intended to reflect comprehensive legal standards.

  1. “Exigent circumstances”: In general, exigent circumstances exist when a law enforcement officer has probable cause to believe that a criminal violation has occurred, but does not have sufficient time to secure a warrant before conducting a search or seizure. For the purposes of immigration enforcement on school campuses, the Department of Homeland Security (“DHS”) has deemed exigent circumstances to exist when:
    • The enforcement action involves a national security threat.
    • There is an imminent risk of death, violence, or physical harm to a person.
    • The enforcement action involves the hot pursuit of an individual who poses a public safety threat.
    • The enforcement action involves the hot pursuit of a personally observed border-crosser.
    • There is an imminent risk that evidence material to a criminal case will be destroyed.
    • A safe alternative location does not exist.
      DHS Guidance for Enforcement Actions in or Near Protected Areas (2021).
  2. “FERPA”: FERPA refers to the Family Educational Rights and Privacy Act, the law that establishes the confidentiality of student educational records and the conditions under which those records can be released. PCC’s policies protect the confidentiality of all student information, and generally student information cannot be released without a subpoena, a warrant, or prior consent of the student. See PCC Privacy Policies.
  3. “ICE”: ICE refers to Immigration and Customs Enforcement, the federal agency within DHS that enforces all federal laws regarding border control, customs, trade, and immigration.
  4. “Obstruction of law enforcement”: Generally, any act that interferes with an official seeking to carry out the administration of law enforcement can constitute obstruction of law enforcement. Obstruction of law enforcement includes but is not limited to acts intended to delay or prevent officers from carrying out a search or arrest, and the alteration or destruction of records. Obstruction of law enforcement is a criminal offense.
  5. “Sanctuary college”: As indicated above, the Board of Directors established PCC as a sanctuary college. The Board of Directors provided the following context about the “sanctuary college” designation: “While it is important and responsible to acknowledge that the term ‘sanctuary college’ has no legal status and does not confer legal protection to students or their families, it none-the-less offers a powerful statement of support to some of our most vulnerable students and their families at this time of uncertainty.”
  6. “Subpoena”: A subpoena is a legally enforceable order to produce documents or to appear as a witness in a legal matter. ICE has the authority to issue subpoenas.
  7. “Warrant”: A warrant is a document issued by a judge that authorizes a law enforcement officer to make an arrest, search premises, or carry out some other action relating to the administration of law enforcement. In general, a warrant is required under the Fourth Amendment for a search or seizure in certain locations, unless exigent circumstances exist.
  8. “Sanctuary State”: Oregon has been a sanctuary state since 1987, standing for the safety, dignity, and human rights of all Oregonians. It was the first state in the nation to enact a law prohibiting state and local police and government agencies from assisting federal authorities with immigration enforcement. Over the decades, this law has been updated to enhance protections for immigrant communities. In 2021, the Sanctuary Promise Act (HB 3265) was passed to strengthen existing sanctuary laws. The Act improves safety measures for immigrant communities through additional support and ensures transparency and accountability regarding government interactions with federal immigration authorities. Oregon’s sanctuary laws are codified under ORS 180.805, 180.810, and 181A.820 to 181A.829.
Procedures for PCC staff to follow regarding ICE enforcement on campus

In accordance with the directive of the Board of Directors, PCC staff will protect the confidentiality of student and staff information to the extent allowed under the law. At the same time, PCC staff must not obstruct ICE officers or interfere with the administration of law enforcement, when they are required to allow access under the law. The following procedures establish the steps that PCC staff will take if ICE agents enter a PCC campus or center.

  1. If an ICE agent or other immigration official enters a PCC campus or center seeking information or records about a student, staff should immediately direct the immigration officials to the Vice President of Student Affairs.
  2. Staff shall not informally share any information about a PCC student with an ICE agent, including the student’s name, contact information, or schedule. Providing student information without a warrant, a subpoena, or the student’s prior consent is a violation of FERPA and PCC policies. All requests from ICE for student information must be handled through the Vice President of Student Affairs unless ICE asserts exigent circumstances as described in paragraph E.
  3. If an ICE agent seeks student information from the Vice President of Student Affairs, staff in that office should ask the ICE agent to provide the agent’s credentials or badge and a subpoena that specifies the information or records that the ICE agent is seeking. A subpoena will provide a date by which records must be provided. Staff should respond to the subpoena in accordance with existing procedures, which are primarily managed through the Registrar’s Office. Staff should not share any student information or records that are not listed in the subpoena, nor should they share information without full review and decision by the Vice President of Student Affairs.
  4. If an ICE agent enters a PCC campus or center with a warrant to conduct a search or seizure, staff shall request that the ICE agent contact the Vice President of Student Affairs. If the ICE agent refuses to do so and insists on immediate enforcement of the warrant, staff may ask to see the warrant but should allow the ICE agent to conduct the search or seizure. If the ICE agent does not have a warrant, staff shall make it clear that they do? not consent to a search or seizure. Again, staff should direct the ICE agent to the Vice President of Student Affairs.
  5. As indicated above, in the absence of limited exigent circumstances, ICE agents must have a subpoena or warrant in order to receive student information or records or to conduct a search or seizure. If an ICE agent asserts that exigent circumstances exist, and the ICE agent must immediately carry out a search or seizure, then PCC staff should cooperate with the ICE agent’s instructions. Staff shall immediately follow up on the issue with the Vice President of Student Affairs.
  6. At no time should PCC staff engage in the obstruction of law enforcement. As with all law enforcement, staff should treat ICE agents in a respectful and calm manner. If a staff member has concerns that ICE agents have acted improperly, they should raise those concerns with the Vice President of Student Affairs. If a PCC staff person chooses not to follow these procedures and engages in an obstruction of law enforcement, the staff member is at personal risk of criminal charges.
Additional considerations regarding immigration enforcement matters

In addition to the directives above regarding ICE activity on campus, staff are directed as follows:

  1. Staff, including campus security officers, may not inquire about a student’s immigration status, nor may staff maintain records that are evidence of a student’s immigration status. Immigration status may be collected and maintained for international students and specific programs, where it is required for specific reasons. If there are other particular circumstances in which information about a student’s immigration status is relevant to specific PCC programs or services, staff must seek guidance from the Vice President of Student Affairs office before collecting the information.
  2. PCC public safety officers may not participate in the enforcement of federal immigration laws.
  3. ICE has the authority to seek PCC employment records in compliance with federal law. ICE may issue a “Notice of Inspection,” which compels the production of I-9 forms and other employment records. A Notice of Inspection should immediately be sent to the People, Strategy, Equity and Culture department for response. No staff member outside of Human Resources will release employment records unless specifically instructed to do so by Human Resources.