Resolution for the support and protection of members of the Stony Brook campus community

Whereas the President Trump has promised to deport undocumented immigrants when they enter college campuses and churches without requiring a warrant; and

Whereas President Trump has promulgated an Executive Order to temporarily halt the admission of immigrants from 7 Muslim-majority countries to the United States and to suspend entry of any Syrian refugees until further notice; and

Whereas this will adversely affect the academic quality of this and other colleges and universities by depriving them of the ability to attract highly qualified students and scholars; and

Whereas these actions have already created a level of anxiety and stress that will hinder the educational process that is at the heart of the functioning of this campus; and

Whereas the SUNY Chancellor and Board of Trustees have passed a resolution affirming their support for the Deferred Action for Childhood Arrivals (DACA) program; and

Whereas the Attorney General of the State of New York has provided an advisory document (Guidance Concerning Local Authority Participation in Immigration Enforcement and Model Sanctuary Provision, January 2017) that indicates that information on individuals required by Immigration and Customs Enforcement agency should not be provided absent a judicial warrant; therefore

Be it resolved that the University Senate urges the Stony Brook University administration to implement the following actions to ensure the safety and security of the members of the campus community and to maintain the high quality of its academic programs:

1. Immigrations and Customs Enforcement (ICE) officials are subject to certain restrictions when they enter college campuses and churches without a warrant (https://www.ice.gov/doclib/ero-outreach/pdf/10029.2-policy.pdf), we urge the administration to refuse to comply with ICE officials beyond what is minimally required by law. This can be accomplished by implementing the following policies:
2. Prevent the Immigration and Customs Enforcement agency from carrying out immigration enforcement on the campus absent a judicial warrant unless there is an exigent danger.
3. The administration should instruct employees and students on their rights and responsibilities if ICE agents enter or seek to enter the campus: the default response should be to inquire into the justification and authorization for any enforcement action.
4. Ensure that campus police will not act on behalf of ICE officials to enforce immigration laws absent a judicial warrant. Nor should they inquire about an individual’s immigration status.
5. The administration should provide guidance that, wherever the campus police officers have discretion to arrest or to handle a law enforcement action without arrest (e.g. by issuing a ticket), they should opt to avoid arrest. An arrest, even for a minor traffic offense, may lead to consequences well beyond the intended punishment or law enforcement purpose for certain immigrant students, such as the issuance of an ICE detainer and possible immigration detention and removal proceedings. The administration should ensure that if an arrest takes place, campus police will not report such arrests to ICE and will not hold anyone unnecessarily, as is consistent with state and federal law.
6. Guarantee student privacy by refusing to release information regarding immigration status and country of origin to any government agency absent a judicial warrant.

2) Develop further policies to support undocumented students, staff and faculty and every member of this campus community affected by this Executive Order.

1. The administration will affirm that it will continue to admit students consistent with its nondiscrimination policies so that undocumented students will be considered for admission under the same criteria as U.S. citizens or permanent residents.
2. Continue to allow DACA students to pay in-state resident tuition and provide accommodations so they may complete their studies, such as online degree completion.
3. Expand financial aid efforts for students who have lost their DACA status as Columbia University has done.
4. Assign an administrative office to take charge of and advertise counseling for DACA students on their educational and legal situations. Provide confidential counseling to students, faculty, and staff who are at risk of deportation, or whose families face this risk.
5. Make every effort to collaborate with legal services and nonprofit organizations, legal clinics, and private lawyers and law firms willing to take pro-bono cases to provide free legal counsel to students, faculty or staff placed into removal proceedings.
6. Protect student privacy, following its longstanding compliance with the Family Educational Rights and Privacy Act (FERPA). The administration shall remind faculty, and staff members that they should not inquire into any student’s immigration status unless they are strictly required to do so by law.