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Frequently Asked Questions on Immigration Policy and Law Relating to Students

1.  Citizenship and Student Status

• Is U.S. citizenship required for admission?
  No. During the admissions process, SUNY does not discriminate on the basis of immigration status or require proof of citizenship or other legal status. New York State law also allows undocumented individuals to qualify for lower resident tuition rates if the student graduated from a New York State high school after attending for at least two years, or if the student received a GED after attending a New York GED exam preparation program, as long as the student applies for SUNY admission within 5 years of receiving a diploma or GED.

2.  Student Data and Privacy

• Does SUNY share student information with federal officials?
  SUNY vigorously defends the privacy rights of students and will not release information about a student’s immigration status to anyone, including federal immigration officials, without a validly issued subpoena, court order or search warrant. The Federal Education Rights and Privacy Act (“FERPA”) prohibits colleges and universities from releasing information from students’ education records without consent, except under certain specified circumstances.
• Under what circumstances does SUNY share student information with federal officials?
  There are two important exceptions to FERPA:

1. First, the Student Exchange and Visitor Program (“SEVP”) provides that participating institutions are subject to on-site review at any time, meaning that SEVP field representatives visiting a campus are authorized to obtain information about students on temporary student and training visas (F and J) – but not about DACA or undocumented students.
2. Second, the USA Patriot Act serves as an exception to FERPA and permits federal officials, upon issuance of a court order alleging terrorist activities, to obtain information from education records without consent.
3. Campuses should immediately contact their campus counsel if any federal agency seeks to obtain immigration-related information, except when directly related to the SEVP program.

3. The Deferred Action for Childhood Arrivals Program (“DACA”)

• What is DACA?
  The acronym “DACA” refers to the federal “Deferred Action for Childhood Arrivals” program, which was established by executive action on June 15, 2012.
• Is DACA permanent?
  The DACA program was not established by executive order, law, or regulation. It is essentially federal agency guidance, and, as such, may be modified or rescinded at any time.
• Is DACA a pathway to citizenship?
  DACA does not confer legal status, nor does it offer a pathway to permanent residency or citizenship. Only certain undocumented individuals who have no criminal history and meet educational criteria are eligible for the program. DACA status provides temporary administrative relief from the possibility of deportation (two years subject to renewal). Those granted DACA status also may receive a Social Security number and are eligible for two-year employment authorization documents. Many individuals with DACA status are college students.
• How many SUNY students have DACA status?
  The population of SUNY students with DACA status is currently unknown.
• Is there a danger of DACA data being disclosed to immigration officials?
  It is the internal policy of the U.S. Citizenship and Immigration Services (USCIS) that DACA data will not be disclosed to ICE or U.S. Customs and Border Protection for the purpose of immigration enforcement proceedings unless certain criteria are met, such as national security concerns, fraud or misrepresentation, or specific criminal offenses. This is agency policy not based in law or regulation, and may be modified or rescinded at any time.Immigration enforcement agencies can be expected to exercise their prosecutorial discretion not to apprehend individuals with DACA status or initiate removal proceedings unless or until there is a policy change.

DACA Update:

• On September 5, 2017 the U.S. Department of Homeland Security announced the repeal of the DACA program and a plan to phase it over time. Under the plan, current DACA beneficiaries continue to have lawful presence and employment authorization until their DACA approval expires (all DACA approvals expire in two years or less).

  If their DACA approval expires on or before March 5, 2018, then they have until October 5, 2017 to apply for a final two –year renewal. After October 5, 2017, no more renewal applications will be accepted.
  

  DACA beneficiaries with more than six months remaining on their approvals (those that go beyond March 5, 2018) will not be allowed to renew; therefore, DACA approvals will start to expire on March 6, 2018.
  
  Resource for DACA Renewal Efforts: Legal Clinics

4. Immigration Enforcement

• What authority do immigration officials have over college campuses?
  A 2011 memo from U.S. Immigration and Customs Enforcement (ICE) designates college campuses as “sensitive locations,” meaning that enforcement actions (i.e. arrests, searches, interviews, and surveillance) cannot occur or be focused on college campuses unless: (a) exigent circumstances exist; (b) other law enforcement actions have led officers to campus; or (c) prior approval is obtained.
• What are exigent circumstances?
  Exigent circumstances exist when the enforcement action involves a national security or terrorism matter; there is an imminent risk of death, violence, or physical harm to any person or property; the enforcement action involves the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or any other individual(s) that present an imminent danger to public safety; or there is an imminent risk of destruction of evidence material to an ongoing criminal case.