Response to Senate Bill 25-276

Policy on Responding to Requests From Immigration Enforcement Authorities

Interim Policy Adopted by President Baca on September 1, 2025

Purpose: Western Colorado University adopts this policy in accordance with Colorado Senate Bill 25-276, which requires Colorado public institutions of higher education to adopt policies for employees, students, parents, and other individuals concerning the university’s procedures for the release of information and to provide access to non-public areas of the university’s campus in response to requests by federal immigration enforcement authorities/officials.

  1. Procedures Concerning Requests for Personal Identifying Information and the Release of that Information to Immigration Enforcement Officials

The university is governed by certain laws concerning the release of personal identifying information.  For instance, under the Family Educational Rights and Privacy Act (FERPA), student personal identifying information can be released only as specified under that law.

If federal immigration enforcement officials request the personal identifying information of students, employees, parents, or other individuals, any university employee in receipt of such a request should direct the request to Western’s designated records custodian under the Colorado Open Records Act, CORA@western.edu. The custodian may involve other university administrators, as appropriate, in responding to such requests.

Before responding to such a request, the university will review and document the requesting immigration enforcement official’s identifying information, including, as applicable, their name, employer, and badge number, as well as a copy of the legal process documents authorizing access or information. In response to such a request, the university will release personal identifying information in its custody and control, which may be otherwise protected, in response to a subpoena issued by a federal judge or magistrate, an order issued by a federal judge or magistrate, or a warrant issued by a federal judge or magistrate.

Information may also be released if such release is permitted by applicable federal or state laws.  For example, the university must report certain information to federal immigration officials about students with F-1 or J-1 visa status.

When it is permissible, the university will attempt to notify the individual, who is the subject of the request, of the request, by sending a notification to the individual’s last known mailing address or e-mail address that the university can locate in its files.

  1. Procedures Concerning Requests for Access to Non-Public Areas of Campus By Immigration Enforcement Officials

Federal immigration enforcement officials are subject to access restrictions and must present certain legal process documents to enter areas of campus that are not generally open to the public.  As a public university, portions of Western’s campus are open to the public.  However, access is restricted in certain areas due to operational, privacy, safety, and security purposes. These areas are described, in general, as follows:

  • Public Areas are those areas open to the general public during business hours (which may vary by building), where entry is not restricted or limited. These spaces are freely accessible to the public and may include outdoor and common-use areas. These areas may also include common areas, reception desks, and dining areas open to the public.
  • Non-Public Areas include spaces that may be generally unlocked during business hours but that are not considered public due to their function, including but not limited to, offices, classrooms, laboratories, locker rooms, and operational facilities, such as kitchens and storage areas. Non-public areas also include those areas that require a key card, locked doors, or monitored entryways for access to maintain safety and privacy, including but not limited to, housing facilities and residence halls.

If a federal immigration enforcement official requests access to non-public areas of campus, any university employee approached by such an official should not authorize access, but instead contact the Director of Campus Security at 970.943.3084 or the Campus Security duty cell phone at 970.209.1020 so that the Director can interact with the official.

The Director of Campus Security will review and document the immigration enforcement official’s identifying information, including their name, employer, badge number, as well as a copy of the legal process documents authorizing access or information.  Access to non-public areas of campus will be authorized if the federal immigration enforcement officials present a valid warrant or court order issued by a federal judge or magistrate.