WWU, Washington State Law and Immigration Enforcement

Frequently Asked Questions

The information provided in these FAQs is intended as a resource for general education purposes for the WWU community and is not provided for the purpose of giving legal advice of any kind.

Video podcast answering frequently asked questions from the WWU community. Featuring: CDO Dr. Jacqueline Hughes, Police Chief Katy Potts, and Kerena Higgins, Senior Counsel.

WWU complies with all federal and state laws and is committed to providing education without discrimination based on race, national origin, immigration or citizenship status, or any other protected category. Washington state law prohibits public universities from using their resources for immigration enforcement purposes.

WWU policy aligns with state law to ensure university resources, such as funds, facilities, and personnel, are not used for immigration enforcement. For full details, refer to the WWU policy Regarding Access to University Property and Student Information for Law Enforcement Purposes and its corresponding procedure

If an employee is approached by anyone engaged in immigration enforcement, including federal authorities, they must take the following steps before granting access or allowing any action. 

Once notified, UPD will

  • Verify the credentials of enforcement officers and collect details about their purpose on campus.
  • Review documentation, including judicial warrants, for validity.
  • Determine, in consultation with the AAG’s Office, whether access will be granted and inform university leadership.
  • Arrange for a university representative to be present, if possible, during any enforcement activity.

If the student is under 18, the university will notify the student’s parent or guardian, as permitted by FERPA. 

As public Colleges and Universities, much of the campus is open to the general public. Colleges and Universities do not have the authority to prohibit immigration enforcement authorities from accessing those public spaces on campus. Public spaces on campus include:

  • All exterior spaces, including campus pathways, parking lots and streets, Red Square, Old Main lawn, PAC Plaza, etc. Exception: Exterior spaces dedicated to athletics and academics
  • All lobby areas of WWU buildings
  • The Viking Union lobby and dining spaces
  • All dining halls, cafe spaces

Relevant policies

Without proper documentation, restricted areas on campus include:

  • Offices
  • Classrooms
  • Laboratories
  • Residence halls
  • Athletics and Wade King recreation facilities

There may be additional spaces not included in this list where federal immigration officials cannot enter these areas without proper legal documentation.

For further information on whether a particular space on campus is considered public for the purposes of access by immigration authorities, reach out to the Executive Director of the Office of Equity at officeofequity@wwu.edu should be contacted to review whether immigration authorities can access these restricted spaces.

Legal Review Required: Officials must present a valid judicial warrant for entry. Civil immigration warrants (which request access) do not compel compliance.

The Office of Equity, as charged by President Randhawa, is responsible for determining whether a space is public or private for the purposes of implementing POL U-1000.13. The following guidelines are offered to ensure a standardized process to ensure consistency in how similar spaces across campus are classified.

NOTE: These guidelines do not change the public or private status of any space but clarify how such determinations are made. 

Definitions

  • Public spaces on Western’s main and remote locations are defined as those areas where the public can gain access without limitation.   
  • Private spaces on Western’s main and remote locations are defined as those areas restricted to certain individuals or groups belonging to the campus community. Examples include private offices, classrooms, study rooms, residence halls, dining area, dining area kitchen, etc.
  • Spaces on campus that are typically considered private, but where the public may on occasion be given access, are designated as public for the limited purpose and duration of the event. Examples include fora hosting. Examples include public lectures, documentaries, and performances, use of the Multiple-Purpose room in the VU, and ticketed sporting events in the gymnasium located in Carver Gym.  
  • Buildings with posted hours of operation (the library, the VU, etc.) are considered public during those posted hours.

To determine whether a campus space is public or private, the Executive Director of the Office of Equity may consider relevant factors such as: 

What the space is generally used for
  • Employees private office, workspaces/including workspaces behind reception areas, meeting/conference rooms, lounges restricted to students or employees, classrooms, study room, residence halls, dining halls, etc. These are designated private spaces.
  • Access ways and areas open to the public, such as hallways of buildings, reception and lobby areas, VU main corridors/hallways, VU lounges, including common seating areas on the fifth and sixth  floors, Carver Gym during scheduled sporting events, outdoor areas of campus, etc. These are designated public spaces.
Hybrid Spaces: Does the type of use change depend on the circumstances?

When a space such as a classroom is not being used for instruction and is being used as a study room by a group of students or other authorized members of the campus community, the space remains designated as private space.

  • Open spaces where educational or cultural activities may occasionally occur (e.g., Multicultural Kitchen and Lounge, VU Multipurpose room, open lounge space in Miller Hall Area 102) are public spaces unless reserved and used for special programming. When the space is used for a special program with access limited to invitees, it is designated as a private space. (NOTE: Area 102 is a lounge area and corridor providing access to other area in the building)
  • Open workspaces, such as the Student Business Office, space behind the library circulation desk, workspaces behind reception areas in department/unit offices, or suites, and similar spaces, are designated as private spaces.  
  • Other considerations The above are non-inclusive factors the Office of Equity weighs when evaluating public/private spaces on campus. The Executive Director may also consider other relevant factors depending on the circumstances. 

Questions may be directed to the Office of Equity at OfficeOfEquity@wwu.edu.

RCW 10.93.160 of the Keep Washington Working Act limits local and state law enforcement’s cooperation with federal immigration authorities, but there are some potential risks for undocumented students when off-campus:

  • 100-mile border zone (including Bellingham & Whatcom County) gives CBP more authority for stops.
  • Traffic stops: State/local police won’t inquire about status, but CBP/ICE may ask for documents in lawful stops.
  • Workplaces/Public Spaces: While ICE generally avoids enforcement at “sensitive locations” (e.g., schools), this is only ICE policy, not law, and exceptions exist.

Get in touch with the Office of Equity at officeofequity@wwu.edu if you have questions about off-campus protection.

No, with one exception. Washington state law prohibits local law enforcement from asking for or collecting information about a person’s immigration or citizenship status, or place of birth - unless there is a connection between that information and an investigation into a violation of state or local criminal law. Unauthorized presence in the United States is governed by federal law and is not, by itself, a crime.

No. Washington state law prohibits law enforcement, including university police, from arresting or detaining individuals based solely on civil immigration offenses, such as immigration detainers, civil warrants, or hold requests from ICE or Customs and Border Protection (CBP).

  • Being undocumented is not a crime: Federal, state, and local laws do not criminalize undocumented status, and civil immigration violations are not grounds for arrest or detention by local law enforcement.
  • No obligation to enforce immigration law: Local and state law enforcement agencies are not required to assist in federal immigration enforcement. Arresting or detaining someone without a warrant signed by a judge or without probable cause is unconstitutional.

Law enforcement may only act on:

  • Court orders or warrants signed by a federal Article III judge or magistrate.
  • Warrants signed by an Article IV state court judge.

Warrants issued by immigration judges do not meet these requirements. These restrictions help ensure that local and university law enforcement focus on community safety rather than immigration enforcement.

Washington state law prevents law enforcement, including university police, from sharing any nonpublic personal information about individuals with federal immigration authorities in noncriminal matters, such as civil immigration cases.

Exceptions are allowed only if:

  • Required by state or federal law.
  • Mandated by a lawfully issued court order.

This ensures that educational opportunities are accessible to everyone, regardless of their national origin or immigration status, and reinforces that immigration enforcement is the responsibility of federal authorities, not state or local agencies.

Washington state law prohibits university police and local law enforcement from sharing any nonpublic personal information about individuals—including those in community custody—with federal immigration authorities in noncriminal matters, such as civil immigration cases.

Exceptions to this rule are allowed only if:

  • State or federal law explicitly requires it, or
  • A valid court order has been issued.

WWU’s policy aligns with state law to ensure that all individuals, regardless of their national origin or immigration status, have equal access to educational opportunities. Immigration enforcement is the responsibility of federal authorities, not local or university law enforcement. 

Generally, no. University employees are not allowed to inquire about, request, or collect a student’s immigration or citizenship status unless it is explicitly required by law or necessary for specific university functions, such as determining eligibility for in-state tuition. When such information is required, strict guidelines must be followed:

  • Explore alternatives: Employees must consider other options and consult legal counsel, if feasible, before collecting immigration-related information.
  • Provide clear explanations: Reporting requirements, including any potential implications for immigration enforcement, must be explained to the student and their parents or guardians in their preferred language.
  • Obtain written consent: Written permission must be collected from the student (if over 18) or their parents or guardians.
  • Maintain confidentiality: Any collected information must be stored separately to the extent possible from general enrollment records to avoid discouraging immigrant students or their families from accessing university services.
  • For residency determinations, a residency officer’s confirmation of a student’s compliance with requirements is considered sufficient evidence. Other supporting documents, unless required by law for retention, must be treated as temporary and disposed of in accordance with the university’s records retention policy. Exceptions may apply when complying with federal programs like the Student and Exchange Visitor Program. 

Under Washington state law, public universities are prohibited from using their resources for immigration surveillance or enforcement. This means universities cannot use their funds, facilities, equipment, or staff to:

  • Investigate or enforce federal registration or surveillance programs.
  • Cooperate with or assist in the enforcement of laws or policies that target individuals based on race, religion, immigration or citizenship status, or national or ethnic origin.

These restrictions apply to all state agencies, including their employees, and are designed to ensure that educational institutions remain focused on their mission of providing access to education for all, regardless of immigration status.

This separation of responsibilities reinforces the distinction between state agencies, which prioritize education and community support, and federal immigration authorities, which are responsible for enforcing immigration laws. 

The relevant state law is captured under the Keep Washington Working Act (effective 2019). In summary, the state Legislature determined that it is not state or local law enforcement’s primary purpose to enforce civil federal immigration law. Additionally, the Legislature determined that a person’s immigration status, presence in the country, or employment alone is not a matter for police action—reinforcing that the federal government bears the primary jurisdiction to enforce federal immigration law. Importantly, this places no restriction on local agencies’ ability to enforce state and local law.

Read the full text. The new law is codified as follows:

  • Section 1 (Findings): Not codified. See Code Reviser note following: RCW 43.17.425
  • Section 2 (Definitions): RCW 43.17.420
  • Section 3 (Keep Washington working statewide work group): RCW 43.330.510
  • Section 4 (Immigration enforcement model policies—Adoption by schools, health facilities, courthouses): RCW 43.10.310
  • Section 5 (Immigration and citizenship status—State agency restrictions): RCW 43.17.425
  • Section 6 (Immigration and citizenship status—Law enforcement agency restrictions): RCW 10.93.160
  • Section 7 (Immigration enforcement model policies—Adoption by law enforcement agencies): RCW 43.10.315
  • Section 8 (Construction): Not codified. See Code Reviser note following: RCW 43.17.425
  • Section 9 (Conflict with federal requirements): Not codified. See Code Reviser note following: RCW 43.17.425
  • Section 10 (Repealing law): Not codified. Repealed RCW 10.70.140 (Aliens committed—Notice to immigration authority) and 1992 c 7 s 29 & 1925 ex.s. c 169 s 1; and (2) RCW 10.70.150 (Aliens committed—Copies of clerk's records) and 1925 ex.s. c 169 s 2. 

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