Navigating Federal Actions Impacting Higher Education

The College adheres to its principles of free inquiry, free expression, and free speech. Bard will continue to monitor and adhere to all federal and New York state laws and guidance. To help inform our community, the College has been and will continue hosting Know Your Rights Sessions virtually and in person. Both inside and outside of the classroom, Bard seeks to ensure that as members of the College community all feel a sense of security and freedom from discrimination. This includes the ability to challenge assumptions and debate controversial issues in a thoughtful and respectful manner. You can see Bard’s Free Speech Policy here.

You can read more about Bard and its mission “to teach more people” in this New York Times op-ed. The College has also signed the American Association of Colleges and University’s letter, A Call for Constructive Engagement, and the amicus brief from the Presidents’ Alliance on Higher Education and Immigration, of which Bard is a founding member.

Undergraduate Students:	VP of Student Affairs	845-758-6822
Graduate Students:	Dean of Graduate Studies	845-758-7895
Faculty:	VP and Dean of the College	845-758-7421
Staff:	VP of Administration	845-758-7431

Students can reach out to the Dean of Student Affairs Office. DOSA serves as advocates, advisers, and mentors to the student body in their life as students. Bard hopes to inspire the virtues of integrity, independence, and engaged citizenship. Members of DOSA can be reached by email at [email protected] or by phone at 845-758-7454.
 
If you are an international student you can contact the Office of International Student and Scholar Services. OISSS provides individual assistance to international students related to US visas, travel preparation, employment authorization, and general immigration questions as well as personal, academic or cultural matters. You can contact the office via email at [email protected] or by phone at 845-758-7200. The OISSS Gahagan Walk-in hours are Tuesday through Thursday 1–3 pm. In certain cases, OISSS may recommend the use of an external immigration attorney.¹
 

Student Counseling Services:	845-758-7433	[email protected]
Dean of Inclusive Excellence:	845-758-7492	[email protected]
Chaplaincy:		[email protected]

The Office of Title IX and Nondiscrimination can help with any questions or concerns about harassment and discrimination. The Office of Title IX and Nondiscrimination is dedicated to helping prevent acts of discrimination and harassment, to responding to them, and to remedying, in accordance with Federal and State standards and procedures any incidents of discrimination and harassment throughout Bard and its affiliated programs.

^[1] In addition, it is important to note that complex cases often require the use of an attorney specialized in other areas of law.

Bard College has had great success in attracting federal grants to support faculty research, infrastructural improvements, and extracurricular programs. As of April 1, the College has lost some federal grant money from the United States Agency for International Development (USAID) to support our international partnerships, and from the National Endowment for the Humanities (NEH) to support faculty research here at Annandale. The College believes that the government is likely to make further cuts to federal grants. In some limited cases, this may affect research opportunities for students. The College is investigating all options, alongside its peer institutions, to challenge these decisions and reverse them, and it has enlisted the support of state and federal elected officials. However, in contrast to the undergraduate programs at major research universities, the core operations of the College will not be affected by these losses. The classroom experience at Bard will not change.

Bard College’s commitment is to help, if it can, enable the aspirations of its students, faculty, and staff outside the classroom and curriculum. This requires the College to treat, with fairness and an even hand, the framing of interests, identity, and culture within its community, particularly in its extracurricular life. The College continues to provide teaching and scholarship through a curriculum based on academic freedom, the rules of evidence, and critical inquiry. This requires a working environment that is free of bias, prejudice, discrimination, and harassment, in which all feel welcome and are treated fairly and with respect. The College’s programming, activities, and clubs continue to be open and welcome to all community members. The College is dedicated to creating an environment inside and outside the classroom where plurality, dialogue, and rigorous study can thrive without fear.

As a college and community, Bard’s priority is to ensure that all individuals are treated equitably, with respect and dignity. The College’s Nondiscrimination Policies remain fully in effect. The College is committed to providing a learning and working environment free from discrimination and harassment, as well as to preventing, responding to, and remedying occurrences of gender-based misconduct. New York has specific laws that specifically prohibit gender discrimination (GENDA). If anyone has concerns about discrimination or harassment, we encourage them to contact the Office of Title IX and Nondiscrimination. A list of Bard-specific resources can be found here, and you can find a list of additional resources here.

Immigration law requires nonimmigrants and lawful permanent residents over 18 years old to carry proof of immigration registration while inside the US. For most non-immigrant visa holders, this is a print-out of your most-recent I-94 from your latest entry to the US. If you have changed your status within the US since your last entry, you should also carry a copy of your USCIS Approval notice (Requirements to Carry Immigration Registration Document and Report Change of Address | NAFSA).¹
 
Because immigration enforcement is increasing, the College recommends that Bard-sponsored students, scholars, and employees carry pertinent immigration documents on their person at all times, even if not traveling and re-entering the US.

^[1] Adapted from Tufts University Immigration FAQ - Office of the Provost and Senior Vice President.

Members of the College community should assess their own risk factors and continue to be proactive about travel plans. Any citizens of a country subject to a current or past travel ban should be particularly cautious about international travel in the coming months. Anyone who holds a visa or advanced parole re-entry document (rather than a valid visa) may want to reconsider travel abroad. All international travelers should expect additional screening by US immigration when you return from abroad.
 
Keep in mind that, when entering or returning to the United States, the federal government may detain you at the border to conduct a search or to ask questions. The American Civil Liberties Union has published this helpful document regarding your rights at US ports of entry. As this document explains, the most important considerations to keep in mind are to stay calm when interacting with federal officials, never to flee from an immigration checkpoint, and to ensure that any information or documentation you provide is truthful and accurate. Additional travel resources can be found here: https://www.bard.edu/oisss/travel/.
 
Transgender and nonbinary US citizens can continue to travel with valid passports. According to guidance from the US Department of State, previously issued passports will remain in effect up to their expiration date.

In some cases, but not all. Enforcement officers may be present in areas open to the public. However, they should not be able to access nonpublic areas without a search warrant. Nonpublic areas include administrative or faculty offices, residence halls, classrooms, and laboratories (even if those spaces may be unlocked during normal operations).<sup>1

[1]</sup> Adapted from the Open Illinois webpage, University of Illinois at Urbana-Champaign, January 2020.

No. The Office of Safety and Security will not ask anyone about their immigration status. Security will not enforce a warrant issued by ICE that is solely for an administrative matter, such as residency or immigration status. However, Security is required to cooperate with a judicial warrant (whether a search or arrest warrant), effectuated by any law enforcement agency, including ICE. Criminal arrest warrants are signed by a judge and issued when probable cause exists to believe the named subject in the warrant has committed a crime. Criminal search warrants are signed by a judge and permit entry into and search of a nonpublic area identified in the warrant.

Federal immigration enforcement officers are typically required to have a judicial search warrant to lawfully enter nonpublic areas without consent. Immigration officers may instead be acting on civil, not criminal authority, and generally carry administrative warrants. Administrative warrants are not signed by a judge and do not authorize officers to enter nonpublic areas without consent.

Per College protocol, members of the Bard Community should inform the immigration officer that College policy requires them to consult Bard’s Office of Safety and Security (“Security”). All law enforcement officers are asked to go through Security. The community member should ask the immigration officer for their name, identification number and agency affiliation. Ask the officer to wait, and immediately call Security at 845-758-7460 to notify them of the immigration officer’s presence.

Yes. A residential hall room is considered a nonpublic area and cannot be legally accessed by immigration enforcement officers without a valid search warrant or the voluntary consent of the occupant. A student need not allow entry to any law enforcement officer who is not in possession of a search warrant signed by a judge, regardless of what that officer might say. You can say: “I do not consent to entry or search, based on my 4th Amendment rights under the US Constitution.”

Not without a search warrant or consent. An individual’s rights are the same regardless of whether they live on campus or off campus. An individual need not allow entry to any law enforcement officer who is not in possession of a search warrant, regardless of what that officer might say. Individuals have a reasonable expectation of privacy in their homes, both on and off campus. A warrant of removal/deportation (US Immigration and Customs Enforcement (ICE) warrant) is a civil or administrative warrant and is not signed by a judge. Administrative warrants do not authorize officers to enter a home without consent. If an immigration officer has a civil or administrative warrant, undocumented students have a personal choice whether to grant consent to enter their residence. However, if a law enforcement officer has a criminal search warrant signed by a judge, the officer does not need consent to enter the apartment to effectuate an arrest. In all cases, individuals have the right to remain silent under the 5th Amendment of the US Constitution, and do not need to answer questions, or sign or provide any documents without a lawyer present.

Faculty or staff who receive an in-person request from a federal officer for any information about a student or employee should contact the Office of Safety and Security. Personally identifiable educational and College health records are protected by privacy laws including the Family Educational Rights and Privacy Act (FERPA). As an employee of the College, you are required to maintain the confidentiality of these records. These requests should be reported to Security.
 

If you receive a telephone call from a federal officer, you should: (i) inform the immigration officer that College policy requires them to consult Bard’s Office of Safety and Security and assure them that their inquiry will be addressed in a timely manner; (ii) ask them to call Security at 845-758-7460 and to send a written inquiry to the Office of Safety and Security ([email protected] or [email protected]); (iii) if they refuse to email a written inquiry, ask for their name, identification number, and phone number; and (iv) once your call ends, write a brief summary of the call (time, date, nature of call) and reach out to Security. Bard personnel should not release College documents or records without contacting and receiving explicit guidance and/or authorization from the designated College official: faculty (VP and Dean of the College); staff (VP for Administration).

FERPA is a federal law that protects the privacy of student education records. It identifies and limits what information is disclosed by placing limitations on the information released in student records. It applies equally to all students. According to the Department of Education, FERPA permits institutions to comply with information requests from the Department of Homeland Security (DHS) in order to adhere to institutional reporting requirements under the Student Exchange Visitor Program (SEVIS). However, the information that can be requested and provided is limited to the categories listed in DHS regulations, and that request must be made to a designated school official. For all other information, the educational records of international students studying at Bard are entitled to the same FERPA protection that otherwise governs student education records in the United States. Any requests for information about an international student should be sent to Security.