This website is intended to be for informational purposes only and does not constitute legal advice. It is intended to answer questions about immigration enforcement on EWU’s campus. If you are interested in information about your personal legal rights with respect to immigration enforcement, we encourage you to review the Washington State Office of the Attorney General’s Know Your Rights website.
EWU 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.
In accordance with Washington’s Keep Washington Working Act, university resources, such as funds, facilities, and personnel, are not used for immigration enforcement. EWU’s police department will not assist federal immigration enforcement authorities. Additional information is contained in EWU Guideline 201-07 (Access to University Property and Data for Immigration Purposes).
If an employee is approached by anyone engaged in immigration enforcement, including federal authorities, they must immediately notify the Office of Risk Management at ascharosch@ewu.edu or 509-359-6724. Immigration enforcement authorities who are physically present on campus should be referred to Tawanka 211. Risk Management will request proper documentation and, in consultation with the Washington State Attorney General’s Office, determine the best course of action. Please see EWU Guideline 201-07 (Access to University Property and Data for Immigration Purposes) for additional information.
Once notified, Risk Management will:
- Verify the credentials of enforcement officers and collect details about their purpose on campus.
- Review documentation, including judicial warrants, for validity. To the extent permitted by FERPA, Risk Management will provide advance notification to any impacted students of requests for information involving their personal information.
- Determine, in consultation with the Attorney General’s Office, whether access will be granted and inform university leadership.
As a public university, much of the campus is open to the general public. EWU does not have the authority to prohibit immigration enforcement authorities from accessing those public spaces on campus. Public spaces on campus include areas such as:
- All exterior spaces, including campus sidewalks, parking lots, the Arévalo Mall, etc.
- All lobby areas of EWU buildings
- Lobbies and dining spaces in the Pence Union Building
Without proper documentation such as a warrant, restricted areas on campus include:
- Offices
- Classrooms
- Laboratories
- Residence halls
- Recreational facilities
There may be additional spaces not included in this list where federal immigration officials cannot enter these areas without proper legal documentation. If an immigration enforcement authority seeks access to a restricted area, immediately refer them to the Office of Risk Management in Tawanka 211. Risk Management, in conjunction with the Attorney General’s Office, will review the documentation and determine whether or not access must be granted to the restricted area.
For further information on whether a particular space on campus is considered public for the purposes of access by immigration authorities, please contact Risk Management at riskmanager@ewu.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 gives Customs and Border Patrol more authority for stops. More information about this exception is available from the ACLU.
- Traffic stops: State/local police won’t inquire about status, but CBP/ICE may ask for documents in lawful stops.
Students with concerns should contact the Multicultural Center for additional guidance and referral to outside resources.
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.
EWU’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:
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 transitory 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. See EWU Guideline 201-07 for additional information.
- 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.
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 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. s.
- 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
Who should I contact with questions or feedback?
- Associate Vice President for Civil Rights, Compliance & Business Services, Annika Scharosch at ascharosch@ewu.edu
