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It is important to know thatÌýImmigration and Customs Enforcement (ICE)Ìýor Department of Homeland Security officials may be on campus for reasons unrelated to enforcement actions.

Due to our international programs, the university is required to report certain information about F-1 or J-1 visa status students to ICE. The university also is required to comply with on-site visits to review records upon request.

CU Boulder is a public institution, and most of the campus is open to the general public. ICE officers without warrants may enter areas open to the public. However, restricted buildings and other limited-access areas (residence halls and other living spaces or dwellings on or off campus) carry legitimate privacy interests, and aÌýjudicial warrant and consent for access would be warranted. Restricted buildings include:

• Buildings with locked doors
• Buildings with restricted access requiring a university-issued ID card (BuffOne)
• Residence halls with monitored entryways

Most often, immigration officers who might come to campus would be acting onÌýcivil authority with anÌýadministrative warrant, which give immigration officers the authority to arrest a person suspected of violating immigration laws – but do not authorize those officers to enterÌýlimited-access areasÌýwithout consent.

Without consent, federal immigration enforcement officers are required to have aÌýjudicial warrant – a criminal arrest or search warrant signed by a state or federal judge – to lawfully enter limited access, nonpublic areas on campus, with limited exceptions.

In this instance, university employees should consult with the CU Boulder Police Department (CUPD) and University Counsel (CU legal counsel) for assistance.

Process:

• University employees should ask the immigration officer for their name, identification number and agency affiliation and ask the officer to wait.
• Employees must next call CUPD atÌý303-492-6666 (24/7) and notify them of the presence on campus of an immigration law enforcement officer.
• Next, employees must call University Counsel atÌý303-492-7481 for instructions on responding to the request.
• An employee should immediately deliver legal documents to University Counsel for review.Ìý

Colorado law prohibits law enforcement officers, including CUPD officers, from acting on Immigration and Customs Enforcement (ICE) detainers or stopping, arresting or searching an individual based solely on immigration status. The also bars law enforcement agencies from jailing inmates based solely on an ICE detainer request.

In this instance, employees should start by asking the immigration officer for their name, identification number and agency affiliation and ask them to wait while the employee notifies CUPD and seeks guidance from University Counsel (CU legal counsel).

CU Boulder employees should call CUPD atÌý303-492-6666 (24/7) to notify them of the presence of a non-CU affiliated, federal law enforcement officer on campus. Next, employees should call University Counsel atÌý303-492-7481 for additional instructions on how to respond to the request for information or records.Ìý

Personally identifiable educational records of students are protected by the. University health records of students, faculty and staff are protected by the. All CU Boulder employees are required to maintain the confidentiality of these records for all individuals with such records on campus.

Before providing information to a federal immigration enforcement officer in possession of a warrant or subpoena seeking records,Ìýemployees should confirm with their supervisor or manager whether or not they are authorized to provide access to the specified records or information.

Next, employees should ask the officer for their name, identification number and agency affiliation, ask for a copy of any warrant or subpoena presented, and inform the officer that they are contacting campus police as a courtesy and University Counsel for assistance and not obstructing their process.

CU Boulder employees can reach CUPD atÌý303-492-6666 (24/7) and University Counsel atÌý303-492-7481 for instructions on responding to the request.

Similar restrictions exist for other federal agencies that may hold information, such as the Department of Education for the Free Applications for Federal Student Aid (FAFSA) for mixed status families. FAFSA information also may be protected by Section 483(a)(3)(E) of the Higher Education Act. Federal tax information is also protected. Federal agencies are subject to the Privacy Act of 1974, but there are exceptions.

Moreover, FAFSA data held by the Department of Education is protected by FERPA if the applicant becomes a student at the institution. If federal agency policies were to change, it is likely that attempts to use DACA data for broader enforcement efforts would be challenged in court based on previous guidance. It is too soon to assess the nature and chances of success of those challenges.

CU Boulder has several robust processes for individuals to share concerns and request support, including several reporting options through CUPD and the Don't Ignore It website.

When concerns are reported, they are evaluated and addressed through tailored processes depending on the involved populations. Anyone with emergency issues should call or text 911.

Those who need additional support may also contact the following offices:

• Counseling and Psychiatric Services
  • CAPS serves CU Boulder students
  • Contact: 303-492-2277 (24/7 phone)
  • Clinic hours: M/T/Th/F 8 a.m. to 5 p.m.; Wed. 10 a.m. to 5 p.m.
• Faculty and Staff Assistance Program
  • FSAP serves CU Boulder faculty and staff
  • Contact: 303-492-3020 or request appointment
  • Clinic hours: Mon.-Fri. 8 a.m. to 5 p.m.
• Immigration Law Clinic at Colorado Law
  • The clinic is open to any Colorado state resident seeking assistance with immigration-related matters
  • Contact: 303-492-5830 or email clinic director, Prof. Violeta Chapin
  • Clinic hours: walk-in appointments Mon.-Thurs. 8 a.m. to 5 p.m.
• Dean of Students
  • Undergraduate student contact: deanofstudents@colorado.edu
  • Graduate student contact: gradinfo@colorado.edu

CU Boulder residence halls are considered limited-access, nonpublic areas and cannot be legally accessed by immigration enforcement officers without a validÌýjudicial warrant or consent in most circumstances. A student need not provide consent to officers without aÌýjudicial warrant.

Federal immigration enforcement officers cannot enter student housing on or off campus without aÌýjudicial warrant or consent in most circumstances. Students seeking legal advice can contact theÌýImmigration Law Clinic or theÌý.

Law enforcement officers are required to take action when a judge has signed a validÌýjudicial warrant, such as a criminal arrest warrant or search warrant, which cannot be ignored. A judicial warrant alone would be sufficient to authorize law enforcement action. Law enforcement officers may cooperate or assist federal immigration enforcement authorities in the execution of a judicial warrant.

Law enforcement officers may inquire about an individual’s country of origin to notify their consulate of an arrest, but those inquiries do not include questions about immigration status.

Learn more about .

The DACA regulation explicitly states that data will not be disclosed to ICE or U.S. Customs and Border Protection (CBP) officers for the purpose of immigration enforcement proceedings unless certain criteria are met, such as concerns related to national security, fraud or misrepresentation or specific criminal offenses.

Individuals have the right to remain silent under the and do not need to answer questions or sign or provide any documents without an attorney present. CU Boulder provides legal support for students and employees through theÌýImmigration Law Clinic at Colorado Law.

Yes. Like other students, undocumented students can continue to visit Medical Services at the Wardenburg Health Center to consult with a health care provider.

International students and scholars are affected differently. Requests for student information, including requests made by government agents, are generally subject to theÌý, which limits the university’s ability to release such information except in certain circumstances.

Department of Homeland Security (DHS) regulations explicitly state that specific information about students in F-1 student visa status must be provided to DHS representatives upon request. FERPA does not apply to disclosures in this context. If a federal government official requests that a CU Boulder employee provide information regarding an international student, employee, or visitor who is sponsored for a visa by the university, those requests should be referred to International Student and Scholar Services (isss@colorado.edu ´Ç°ùÌý303-492-8057) immediately. ISSS will work closely with University Counsel to respond appropriately.

The International Student and Scholar Services (ISSS) website offers information, resources and support services specifically for international undergraduate and graduate students; postdocs; teaching and research faculty; staff employees; non-paid visitors, including short-term visitors and unpaid researchers; and recent alumni in Optional Practical Training status.

On July 16, 2021, Judge Andrew Hanen, a federal district court judge in Texas, ruled that the DACA program was unlawful. Judge Hanen ordered the Dept. of Homeland Security (DHS) to stop processingÌýnewÌýDACA applications until the litigation is resolved. Students should be aware that:

1.ÌýÌýÌýÌý Current DACA recipients are not affected and DHS will still accept and process renewal applications. If you need help with DACA renewal assistance, please emailÌýProf. Violeta ChapinÌýand her law students in the Immigration Clinic at Colorado Law School.

2.ÌýÌýÌýÌýÌýThe rulingÌýdoesÌýaffect new DACA applicantsÌýwho may be eligible for the program. Because there is a conflicting ruling out of another circuit, this ruling does not stop USCIS from accepting new DACA applications at this time, but it does stop them from processing, or granting, new DACA status on any applicants. What is not clear at the moment is whether USCIS can process new DACA applications that were submitted before this ruling; it remains to be seen what will be decided.

3.ÌýÌýÌýÌýÌýUSCIS has issued new guidance to state that all biometric, or fingerprint, appointments that had been scheduled for new DACA applicants are cancelled, and those applicants should not appear for their scheduled appointments.Ìý

4.ÌýÌýÌýÌýÌýThe rulingÌýdoes notÌýcommand the DHS to take any enforcement action against any DACA recipient, and it does not strip anyone of their current DACA status in any way. This is an evolving case and we expect more litigation to follow through the appeals process.Ìý

• If your scholarships are provided by private or non-profit institutions, the state of Colorado, or directly by CU Boulder, you will not lose access to those financial resources
• For scholarship availability, please check www.TheDream.US • If you meet the specific criteria and qualify for in-state tuition classification under ASSET, you are still eligible for ASSET support at CU Boulder. For more information, please visit the Colorado Department of Higher Education website.

No, you do not need to enter a Social Security Number (SSN) on your admissions application. For additional information see and

If you are interested in gaining residency through ASSET, contact the Tuition Classification TeamÌýdirectly. You may visit theÌýÌýwebpage for more information (view the ASSET/Three-Year Colorado High SchoolÌýdrop down tab under the section Colorado High School Exceptions).

Students attending CU Boulder under DACA or ASSETÌýdo not qualify for federal or state financial aid. These students are eligible for theÌý and may be eligibleÌýfor institutional and foundational funds. We encourage students attending CU Boulder under DACA or ASSET toÌý

Deferred Action for Childhood Arrival (DACA) is not tied to ASSET, however DACA and non-DACAÌýstudents may receive in-state tuition and COF as long as ASSET residency requirements are met. Eligibility for ASSET in-state residency begins with three years of Colorado high school attendance and completion of a Colorado GED or High School graduation. See additional ASSET requirements.

Student employees who are working on campus are encouraged to review the for information about employment authorization documents and employment eligibility.

The federal Deferred Action for Childhood Arrivals (DACA) program has been in place since 2012, but even before then there were students studying at CU Boulder without documentation, including those who later became DACA-eligible. Since then, CU has welcomed students who are eligible for DACA and Colorado’s Advancing Students for a Stronger Economy Tomorrow (ASSET) program and are seeking to continue their education after graduating from Colorado high schools in good academic standing. Many of the students who benefit from these programs are high-achievers whose families hail from a variety of countries. They are successfully pursuing degrees in education, law, journalism, and the STEM (science, technology, engineering and math) fields despite many personal challenges. As with all of the outstanding students accepted to CU Boulder, these Buffs participate in and support the university’s essential shared values of academic and research excellence and go on to represent the university in the workforce and in their communities in many positive ways after graduation.

Together, the federal Deferred Action for Childhood Arrivals (DACA) and Colorado’s Advancing Students for a Stronger Economy Tomorrow (ASSET) programs allow young people brought into the country as children to continue their studies through high school and into college. CU Boulder remains committed to providing all qualified students opportunities to pursue their dreams of graduating with a university degree, and that includes students who are eligible for DACA and ASSET.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student records and applies to all educational institutions receiving funding from the U.S. Department of Education. CU Boulder remains committed to upholding this federal law and will not release private student records without the express permission of students or a subpoena or warrant from a law-enforcement agency. On the CU Boulder campus, all subpoenas and warrants should be routed through the and .

In April of 2017, the CU Board of Regents established a private fund to aid undocumented students who are pursuing degrees on all four CU campuses. The Office of Financial Aid administers the fund, and DACA, ASSET and other qualified undocumented students may apply for relief funding through the standard financial aid process. Anyone interested in contributing to the fund can visit the to make a donation.

While the university appreciates your willingness to support DACA students and employees, please be mindful that it is important to respect their right to privacy. Some may be comfortable discussing their situation. Others may not. If a classmate or co-worker is receptive, here are a few ways you can show your support:

• Share information and resources that you learn about on campus and in the community that may be available to DACA eligible members of the CU Boulder community,ÌýincludingÌýresources through the Center for Inclusion and Social Change
• Partner with student organizations on campus that are strategizing on ways of supporting DACA college students through the legislative process.
• Ìýand share any updates you learn of with classmates and friendsÌýwho are affected by immigration conversations.

Individuals who have DACA must receive approval f´Ç°ùÌýAdvanced ParoleÌýpri´Ç°ùÌýto travel abroad. More information can be found on theÌý.Ìý

While Advanced Parole is intended to provide permission for international travel and re-entry to the US for individuals with DACA,Ìýplease still discuss your plans with legal support to be sure you understand the process, timeline and any risks involved.Ìý Find out aboutÌýlegal support services through the Colorado Law SchoolÌý´Ç°ùÌýemailÌýProf. Violeta ChapinÌýand her law students in the Immigration Law Defense Clinic at the Colorado Law School.

Currently if an individual does not have DACA, that individual may not be able to travel outside the U.S. without risking a bar from re-entry.

• One outcome is that will deny all pending applications and end DACA protections for all DACA recipients, including work authorizations
• Another scenario is that the administration will deny all pending applications and DACA protections, but allow existing work authorizations to expire over time, as reflected on each recipient’s employment authorization document/card (EAD)
• Finally, USCIS might process all pending DACA applications on the date of the decision and will allow all existing DACA protections and work authorizations to expire over time

ASSET (Advancing Students for a Stronger Economy Tomorrow)Ìýis a Colorado law adopted on April 29, 2013, allowing eligible undocumented students to pay in-state tuition and receive the Colorado Opportunity Fund (COF) stipend at Colorado public colleges and universities.

Ìýis a 2012 executive order from President Obama that grants deferred deportation action (renewable every two years), a Social Security Number (SSN) and employment authorization.

Students who qualify for ASSET do not automatically qualify for DACA and vice versa. A student may qualify for ASSET or DACA only, qualify for both, or qualify for neither. These policies do not automatically grant federal financial aid or a path to U.S. citizenship.

On average, undocumented students in the United States arrived at the age of 6, which means they grew up in the United States and attended U.S. schools. Many undocumented students are from "mixed-status families," which means that some family members are U.S. citizens and others are undocumented. Most undocumented students, including those with ASSET and/or DACA status, have demonstrated extraordinary resilience, and have overcome difficult odds to succeed in U.S. society. Approximately two-thirds immigrated to the United States from Mexico or another Latin American country. Others are immigrants from various countries in Asia, the Middle East, Africa and Europe.

Web »Æ¹ÏÊÓƵ

• Ìýis a nonprofit organization working to further our collective understanding about immigrants, identity and citizenship.

Books

• Lives in Limbo: Undocumented and Coming of Age in America, Roberto G. Gonzales (2015)
• Americans By Heart: Undocumented Latino Students and the Promise of Higher Education, William Pérez (2012)

Student employees, faculty and staff who are working on campus and are on DACA status are encouraged to review the for more information about employment authorization documents (EAD) and employment eligibility.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student records and applies to all educational institutions receiving funding from the U.S. Department of Education. CU Boulder remains committed to upholding this federal law and will not release private student records without the express permission of students or a subpoena or warrant from a law-enforcement agency. On the CU Boulder campus, all subpoenas and warrants should be routed through the and .

Please contact the Department of Human »Æ¹ÏÊÓƵ at 303-492-6475.

For support, the is dedicated to serving the emotional and psychological needs of the campus community. All FSAP staff are trained as generalist counselors and are equipped to deal with a wide range of personal and work-related issues. Contact FSAP at 303-492-3020.

While the university appreciates your willingness to support DACA students and employees, please be mindful that it is important to respect their right to privacy. Some may be comfortable discussing their situation. Others may not. If a classmate or co-worker is receptive, here are a few ways you can show your support:

• Share information and resources that you learn about on campus and in the community that may be available to DACA-eligible members of the CU Boulder community.
• Partner with student organizations on campus that are strategizing on ways of supporting DACA college students through the legislative process.
• and share any updates you learn of with classmates and friends who have been affected by the decision to rescind DACA.

These sessions are sponsoredÌýby theÌýCU BoulderÌýCenter for Inclusion and Social Change.ÌýThey provide the university community with a framework for understanding the issues and challenges faced by students and staff who do not possess permanent immigration documents or a clear path to U.S. citizenship, and offer practical advice for those who wish to support the campus's DACA/ASSET community.ÌýLearn more.

Rocky Mountain Immigrant Advocacy Network is specializing in legal and other support for individuals held in detention due to immigration-related issues: or call 303-433-2812 (Hotline for detainees: 303-866-9308)

• On October 1, 2020 non-REAL ID forms of identification will no longer be accepted at federal buildings and for domestic flights.
• Passing through airport security requires a REAL ID compliant identification or other government-issued IDs, such as a foreign passport
• For more information regarding REAL ID, please see National Immigration Law Center’s,

Visit the for guidance on this matter.

Colorado state senators and U.S. congressional representative information is available at (Boulder resides in the 2nd Congressional District).

State (Boulder is district 10) and (Boulder is district 18) information is available on the Colorado General Assembly site.

Email the Center for Inclusion and Social Change or call 303-492-0272. They will be happy to help answer questions and/or help find more information and contacts.