Office of General Counsel

FAQs on Immigration-Related Concerns

PSU is steadfastly committed to making our campus a safe and welcoming home to all of our students, regardless of immigration status. Since 2016, PSU has held firm to its status as a Sanctuary Campus. That means that:

  • PSU Campus Police do not enforce federal immigration law
  • PSU does not consent to immigration enforcement actions on campus or facilitate any such actions; and
  •  PSU protects the confidentiality of student records as required by law.

     

This document is intended to serve as a resource for our students, staff and faculty. We will update this FAQ as we learn more about the ongoing challenges and the needs of our students and our community. This document is not intended to offer individual legal advice, but a list of free or low-cost legal resources is included.


It's also important to know that Oregon is a Sanctuary State.  More information and resources about that can be found in the Oregon Department of Justice Civil Rights Unit’s Sanctuary Promise Community Toolkit.
 

What does it mean to be a “sanctuary campus”?

A “sanctuary” is traditionally thought of as a place of refuge and safety. While there is no established definition of a “sanctuary campus,” at PSU we view it as a commitment to take whatever steps we can to protect all of our students regardless of immigration status.  

Therefore, PSU will not voluntarily participate in or facilitate immigration enforcement actions. It is not the University’s role to enforce immigration law. It is the federal government’s role. Although the University cannot hinder or prevent federal enforcement activities, we will not assist or provide information to aid such actions unless required in specific instances by court order. If asked to participate or facilitate in immigration enforcement activities, we will decline to do so.  

What about campus police? 

Portland State University Campus Public Safety does not and will not enforce federal immigration law. Campus Public Safety works for and on behalf of the University. They exist to keep our students and our campus safe. Importantly, Oregon law and PSU policy prohibit campus police from inquiring about a person’s immigration status or enforcing federal immigration law. This is particularly important on a university campus in light of our obligations under Title IX and other laws to provide a safe campus to all students.

All Oregon law enforcement agencies (including the PSU Campus Public Safety office, the Portland Police Bureau, and the Oregon State Police) are prohibited by state law from using public resources to detect or apprehend persons whose only violation of law is that they are foreign citizens present in the U.S. in violation of federal immigration law. This state law serves the important public policy purpose of enabling all Oregonians, regardless of immigration status, to contact law enforcement during an emergency without worrying about jeopardizing themselves because of their immigration status. 

Does the University share students’ immigration information with the federal government?

PSU will not voluntarily provide information to assist the federal government with immigration enforcement.  

PSU must comply with the Family Education Rights and Privacy Act, commonly known as FERPA, which protects the confidentiality of most types of student information. Under FERPA, the University generally cannot release non-directory information from student records (such as immigration status or national origin) without a student’s consent. There are exceptions in cases involving a health or safety emergency or when the University is compelled by a lawfully issued court order.  

In addition, Oregon law prohibits PSU employees from sharing information about any individual (including directory information) to assist a federal agency or federal official in immigration enforcement.

The Office of General Counsel (OGC) is the only entity authorized to respond to subpoenas or other official requests for information on behalf of PSU. If a PSU employee is faced with a demand for records or other information by a federal official, the employee must refer the official seeking the records to the Office of General Counsel (OGC). The employee must also notify OGC of the demand by email at ogc@pdx.edu or by calling 503-725-2636.  If the employee is challenged, or if they have any concerns about their safety or the safety of others, they should contact CPSO immediately.

What information does PSU collect regarding a student’s immigration status?

PSU does not automatically collect undocumented immigration status information from students. Oregon law prohibits PSU from collecting immigration information about individuals unless it is required for certain limited purposes. There are some circumstances when PSU is required by law to ask for immigration status information, or otherwise may have access to that information. The three most common circumstances are when a student is hired to work for the University, when a student seeks certain financial aid support that requires PSU to ask for this information, and when a student applies for in-state tuition under Oregon’s Tuition Equity law (ORS 352.287).


Student Employment.  Federal law requires all employers to verify the immigration status of employees. PSU must ask for immigration status information for newly hired employees, including student employees.  


Financial Aid.  In rare circumstances, PSU’s Office of Student Financial Aid and Scholarships may have access to information related to immigration status. By law, that information may only be used for financial aid purposes and is not shared with other units on campus or external parties. 


Tuition Equity.  An undocumented student may be eligible to receive in-state tuition under the Oregon Tuition Equity law (ORS 352.287) and submit information via the Oregon Student Aid Application (ORSAA) that the student meets the requirements of the program.  PSU will not voluntarily release student Oregon Tuition Equity information to the federal government.

 

What about information regarding international students?

PSU has different reporting requirements when it comes to international students (those on an F or J visa). While FERPA restricts access to defined “education records” without a student’s consent, students on temporary F or J visas have largely waived their rights under FERPA through the visa process.  


Federal law requires PSU to share information about international students with the federal government as part of the Student and Visitor Program (SEVP). PSU’s International Student Services staff make regular reports to the federal government through the Student and Exchange Visitor Information System (SEVIS). SEVIS is the web-based system used to administer these visa programs. Use of SEVIS and regular reporting are necessary both for the University to participate in these student visa programs and for an international student to receive the documents necessary to apply for a student visa to study in the U.S.  
 

What if immigration or other law enforcement officials show up in a University office demanding information about students?

While we hope such actions do not occur on campus, it’s critical that all PSU employees are aware of the proper steps to take in the event it does happen. PSU employees are legally prohibited from assisting federal officials in immigration enforcement. That prohibition includes providing access to closed areas on campus and sharing information and records. It can be intimidating to face federal law enforcement officers or other federal officials. If an employee is challenged by federal officials, or if they have any concerns about their safety or the safety of others, they should contact CPSO immediately.


Keep in mind that sensitive PSU records and data are protected by a wide variety of privacy laws and University policies, including FERPA. As a PSU employee, you are obligated to maintain the confidentiality of those records and data. 


In any case involving a request or demand for student records from federal authorities, University employees should immediately call the Office of General Counsel and refer such individuals to the Office of General Counsel. The Office of General Counsel (OGC) is the only entity authorized to respond to subpoenas or other official requests for information on behalf of PSU.  No University employee may release student information without first consulting with the Office of General Counsel, even if presented with a valid-looking subpoena or other court order. The U.S. Constitution includes protections regarding search and seizure and the University is within its rights to assure and confirm the validity and legality of such actions before responding.
 

What if the University receives a subpoena, warrant, court order or other federal directive to provide immigration information regarding students?

If any University office receives a subpoena, warrant, court order or other directive, it must be provided immediately to the Office of General Counsel. No other University office is authorized to respond. The University is committed to protecting our students to the greatest degree possible.  

Can PSU prevent federal immigration enforcement officials from coming onto campus or entering PSU property?

Our downtown campus is generally open to the public, and federal immigration enforcement officers may enter open areas on campus. However, federal officials may not enter non-public spaces on campus for the purpose of immigration enforcement. Non-public spaces include, but are not limited to, classrooms, research labs, university housing, office spaces not open to the general public, etc. 


PSU employees may not assist or admit federal immigration enforcement officers to non-public campus spaces. If federal immigration enforcement officers present a warrant or court order, university employees must refer them to Office of General Counsel (OGC) and notify OGC by email at ogc@pdx.edu or by phone at 503-725-2656.  
 

How can students get legal assistance?
 

Students with legal questions or concerns are encouraged to promptly seek professional advice for their specific personal and family circumstances. Students may seek free legal advice through PSU’s Student Legal Services (SLS) office. In 2024, SLS hired a permanent, full-time immigration attorney to assist students in need. A student using SLS services has an attorney-client privilege with the attorney that she or he works with.  


In addition, some local organizations provide free or low cost immigration legal services for low-income individuals. They include Immigration Counseling Service (503-221-1689), Catholic Charities of Portland - Immigration Legal Services (503-542-2855) and Soar Immigration Legal Services (503-384-2482).

In addition, Pueblo Unido is a nonprofit that provides legal navigation and social services for people with vulnerable immigration status. They recommend submitting a request online as they get many calls. They will connect people with low cost or free legal services through the Equity Corps of Oregon program. 


Finally, anybody can seek assistance from Oregon State Bar Lawyer Referral Service and receive an initial 30 minute consultation for $35 with a member of the Oregon State Bar (800-452-7636); and the American Immigration Lawyers Association Immigration Lawyer Referral Service provides referrals to immigration attorneys across the U.S.