FAQ about DACA, undocumented students, and ICE on campus

[Graduate Students de la Raza]

Hi Everyone,

A graduate student in Molecular and Cell Biology put together an FAQ (below) about what to do if ICE comes to campus. Please feel free to share with your friends and colleagues, so people know they do not have to let ICE into their labs/classrooms without a judicial warrant. Thanks so much and we hope we never need to use this information!

Best,

--GSRza

__________

Hi all,

As you may have heard, ICE has been targeting undocumented people for deportation all across the country. Next door in Oakland, Mayor Libby Schaaf warned has her constituents about upcoming ICE raids, so it's not hard to imagine ICE showing up in Berkeley next trying to deport people.

A couple of weeks ago, the Undocumented Students Program held a Q&A about what to do if ICE shows up on our campus. Here is a summary of some of the things that I learned at that session.


1a. What is DACA?

DACA refers to Deferred Action for Childhood Arrivals. It's a program that allowed a limited group of undocumented immigrants to apply for temporary protection from deportation, and allows them to work in this country legally. You can read more here.

1b. How many undocumented students are at Berkeley?

There are about 500 undocumented students at Berkeley. Only 80% of those students fall under DACA protection. A small group of students fall under the AB540 program. Generally, it's best to refer to this group of students as undocumented, because DACA refers only to a portion of these students. In total, about 1.6% of students at Berkeley are undocumented. Another thing to keep in mind is that, despite the general media focus on undocumented individuals from Central and South America, undocumented students come from a variety of different countries of origin.

1c. That doesn't seem like that many students.

You can use various means to estimate the probability of having an undocumented student in your class given various class sizes. (If you want to see the math, I can send it to you.)
If you have a class of 100 students, there is an 81% chance that you will have at least 1 undocumented student in your class.
If you have a class of 41 students, there is a 50% chance that you will have at least 1 undocumented student in your class. Practically, this means that if you are teaching 2 sections, you have a 50% chance of having at least 1 documented student under your instruction.

1d. The Trump administration's rescinding of DACA has been blocked, so why are we concerned?
The Supreme Court just last week sent the case back to the 9th Circuit Court of Appeals, letting the ruling from the lower court case stand. However, DACA is still in legal limbo until a final decision eventually reaches the Supreme Court, or if Congress somehow passes a DREAM Act.

2a. What can I do if ICE comes on campus?

The campus has prepared some information in the Immigration Sweeps Toolkit, which I suggest you read. However, it can be a bit dense/legalistic, so here is a breakdown as well:

On campus, there are three types of spaces: public access, restricted access, and limited access. Classrooms and most lab spaces/offices fall into the category of limited access (some lab spaces, like BSL3 etc. are restricted access). In these spaces, ICE needs a judicial warrant to enter. A judicial warrant is signed by a judge, and has the name of a specific person listed on it. If ICE shows up, you should take the following actions (from the Immigration Sweeps Toolkit). Some practical comments added by me in italics.

Step 1- Know your rights; UC employees are not required to affirmatively assist federal immigration authorities or grant permission to enter limited access space when officers do not have a judicial warrant to enter.

Step 2- Know the difference between a civil and administrative warrants, which do not authorize entry without consent, versus a criminal search or arrest warrant, which may authorize entry without consent.

This is just the 4th amendment protection against unreasonable search and seizures. Unless ICE has "probable cause" to enter a facility, they cannot enter. So, don't give them probable cause. Often, ICE will try to use intimidation to obtain probable cause, such as by asking for a person's country of origin. DO NOT answer questions that ICE asks you.

Step 3- Ask the officer for their name, identification number and agency affiliation.

Step 4- Ask for a copy of any warrant or subpoena they may have and request that they slip it under the door.

Step 5- Inform the officer that you are not obstructing their process but need to consult with Campus Counsel for assistance. Contact your supervisor, Dean or Chair. If you cannot reach your supervisor, Dean or Chair, call the office of the Vice Chancellor to which your unit reports or the Office of the EVCP. If you cannot reach anyone, email Interim Chief Campus Counsel, David Robinson at dmrob...@berkeley.edu or phone (510) 642-7791.

Step 6- For Restricted and Limited Access Only--Do not provide access until Campus Counsel or Medical Counsel authorizes entry.

2b. Okay, but what does that mean in practice?

In practice, what this means is that if you are in lab, ICE cannot enter the lab without a judicial warrant for arrest of a specific person. You DO NOT have to let them in. If ICE comes knocking on your classroom door, unless they have a judicial warrant, you DO NOT have to let them in. In both cases, you should quickly contact Campus Counsel at the phone number highlighted above.

2c. What should I tell my students?

If you are comfortable doing so, you should let students know that as an authority figure, you have the ability to tell ICE that they do not have a right to enter the classroom without a judicial warrant. If ICE really does show up, you should excuse the class and allow the students to leave, and speak with ICE separately. Even if ICE does have a judicial warrant for an individual's arrest, you DO NOT have to help them find the individual, or to stop class. In either case, contact Campus Counsel.

2d. How likely is it that ICE will come to campus?

It's impossible to know for sure. USP has stated that chances are low, but who knows? Berkeley has been a target in the past for right-wing groups, and ICE has allegedly been spotted on campus trying to find intelligence. It's better to be prepared than to be surprised.

3. What is the difference between a judicial warrant and an administrative warrant?

A judicial warrant is signed by a judge, and has the name of a specific person listed on it. A judicial warrant gives any law enforcement officer permission to enter a place without consent. Otherwise, they need probable cause or consent. Don't give them either! More info here.

4. What can we, in our department, do about this?

There are certainly undocumented graduate students and undergraduate students in our department. You may (and likely do) know them personally as your colleagues and friends. As a department, I propose that we can do the following things:

A. Get to know your own rights, and decide what you would do if ICE shows up on campus.

B. If you work with someone who is undocumented, have a plan for how you and your lab mates can legally protect them in the event that ICE shows up.

C. For spaces that are limited access, but into which people can freely walk, we should keep doors closed. So, keep your classroom door closed, and the door to your lab closed. This ensures that ICE can't simply barge inside of a space without consent. (And may also be generally useful, given incidents of theft and intrusion on campus.)

D. Reach out to your friends in other departments and let them know. Share this email. The campus at the highest levels is unwilling to disseminate some of this information for political reasons, so it is up to us at the department level to be vigilant. If you want to be on the mailing list about issues related to undocumented students, you can contact the Undocumented Students Program.

E. If you are an instructor (course head, faculty, lecturer, GSI, UGSI, etc.), please be understanding of students if they need extensions on assignments or excusal from absences. For many of these students, they are not the only member of their family who is undocumented. For various reasons, they may have to accompany someone to court, etc., and these extenuating circumstances may interfere with their coursework. Or, they might just be too stressed out to focus on their coursework.

F. Put the number for Campus Counsel <(510) 642-7791> into your phone. 

5. Why should I care about these people who have broken the law?

If you have this question in particular, please email me directly and we can get coffee. I'm happy to educate you about the history of how the US has destabilized governments around the world to create various immigration crises, how the US has implemented racist legal immigration policies, and the concept of being a compassionate human being.

Graduate Students de la Raza

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