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Undocumented Community Resources

Overview

Updated April 17, 2025

The San Mateo County Community College District affirms under the California Constituion that all students, faculty, and staff—regardless of immigration status— have a right to privacy and the inalienable right to attend campuses which are safe, secure and peaceful. The California Supreme Court has affirmed that an immigrant student’s right to an equal educational opportunity is “a vitally important right in our society.” Protections are expressly codified in California law to assure educational access for all, regardless of a student’s immigration status

On January 25, 2017, the SMCCCD Board of Trustees approved a Resolution Affirming SMCCCD's Commitment to Protecting Undocumented Students and Student Privacy  .

On January 21, 2025, the Chancellor and three College Presidents sent a joint message to the District community afirrming SMCCCD's Commitment to Supporting Our Undocumented Community.

undocu flyer

Download the Responding to On-Campus Immigration Enforcement Activities Flyer  

Student & Community Resources

If immigration comes to your home, work, or neighborhood, or if there are iCE raids nearby, call the San Mateo County Rapid Response Hotline at 203-666-4472 (203-NO-MIGRA)

Si la migra viene a su casa, trabajo, o vecindario, o si hay redadas de ICE cercanas, llame a la linea de respuesta rapida del Condado de San Mateo al 203-666-4472 (203-NO-MIGRA)

Free immigration legal services are available to students, staff, and faculty affiliated with the California community colleges through Find Your Ally. Priority for services is given to undocumented students, staff, and faculty. The immigration legal service providers offering services at the 65 campuses have developed scheduling, intake, and reporting processes that ensure student information remains confidential and protected.

Though all legal providers offer legal consultations and basic immigration benefit application assistance, some providers may offer additional services. Basic immigration legal assistance includes:

  • Legal consultations to screen for immigration relief
  • Deferred Action from Childhood Arrivals (DACA) renewals
  • Family-based petitions
  • Naturalization/citizenship applications

Visit the California Community Colleges Undocumented Student Legal Services website to access these and other relevent resources.

Each of the SMCCCD colleges has an Undocumented Community Center (UCC) which is a dedicated safe space for undocumented students, students from mixed status families, and allies. The centers can assist prospective students with enrolling at the colleges, including AB540 admissions, DACA and the California Dream Act. The Center also provides information and resources on scholarships, clubs, immigration services, food pantry and community resources.

Personal Counseling & Wellness Services at the three SMCCCD colleges offer free, safe, and confidential personal counseling appointments to registered students.
Registered students can also access TimelyCare for 24/7 access to mental health support.
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The DACA Assistance Fund is a one-time allocation of $3 million to support students, faculty, and staff across the California Community Colleges to pay for the $495 filing fee.

Who is eligible?

  • Students
  • Faculty
  • Staff
  • Dual Enrolled students
  • Noncredit students
  • Adult education

The Fund supports both first-time applicants as well as those renewing their DACA within 150 days of their permit expiring.

What if the USCIS is not accepting applications at this time?

According to United States Citizenship and Immigration Services (USCIS), requests will remain on hold, in "pending" status, while the Southern District of Texas order remains in effect. With respect to individuals who have not yet filed for DACA, under the Court's order, USCIS may continue to accept first-time DACA applications, but may not grant any initial DACA requests at this time. It is unclear whether there is any benefit to applying for initial DACA at this time. Please consult with a licensed immigration attorney or DOJ accredited representative for advice on your case.

How to access benefits:

To access benefits from the Community College Immigration Services Project, students, faculty, and staff need to make an appointment with their region's identified host college, which can be found on the Chancellor's Office website.

Eligible individuals from any California Community College can schedule an appointment within their specific region and must choose a college that is closest to them.

 

District Employee Resources

1. Undocumented Student Protections 

Q: Are undocumented students allowed to attend community college? 
A: Yes. California law ensures access to public education regardless of immigration status. 

Q: Are there any legal protections for undocumented students? 
A: Yes. Protections include state sanctuary laws and, in some cases, federal programs like DACA. Students should consult legal resources for individual guidance. 

Q: How can undocumented students learn more about their rights? 
A: Undocumented students should visit the campus Undocumented Community Centers to be connected to information, resources, events, and to pick up a red card in their preferred language. Red cards inform students of their rights during immigration encounters and students may choose to use them voluntarily.   

2. Presence of Federal Immigration Authorities on Campus 

Q: Can federal immigration officers come onto a community college campus? 
A: Yes, but only if they have a valid arrest or search warrant. Without legal authorization, they cannot detain or arrest anyone on campus. 

Q: Does California law limit federal immigration activity on campuses? 
A: Yes. Under SB 54 (California Values Act), community colleges must restrict cooperation with federal immigration enforcement, including access to non-public areas of campus.  

3. Student Information and Privacy 

Q: Are college employees required to disclose a student’s immigration status to federal agents? 
A: No. Both FERPA and California law prohibit sharing student immigration status unless legally required (e.g., via a subpoena or court order), which can be challenged in a court of law. 

Q: What should I do if an immigration officer asks for a student’s records or information? 
A: Refer the request immediately to the College President or District Chancellor. Do not release any information unless required to do so at the direction of the Chancellor and district legal counsel. Document everything. 

4. Arrests on Campus 

Q: Can a federal immigration officer arrest a student on campus? 
A: Only if they have a valid warrant. Otherwise, immigration enforcement on campus is restricted under state law. 

Q: What should employees do if an arrest occurs? 
A: Notify the College President or District Chancellor and document the encounter. Do not interfere with enforcement actions.  

5. Recording Immigration Enforcement 

Q: Can I record immigration officers on campus? 
A: Yes, as long as you're in a public space and not interfering with the officer’s duties. Record openly, not secretly.  

6. Campus Spaces and Federal Enforcement  

Q: What makes a space nonpublic to federal agents? 
A: Physical barriers such as counters, locked doors, ID checks, or restricted access. 

Q: Are libraries or cafeterias public or nonpublic spaces? 
A: Generally public, since they have open access and no barriers.  

Q: What’s an example of a nonpublic space? 
A: Behind the counter at Financial Aid—due to restricted access via counters and locked doors. 

Q: Are classrooms “safe” spaces from immigration enforcement? 
A: No. While classrooms are nonpublic spaces, and employees are prohibited from providing “voluntary consent” for an immigration enforcement agent to enter any “nonpublic areas of a place of labor,” an agent may enter with a judicial warrant.  

7. What to Do if a Federal Agent Enters a Classroom  

Q: Where is immigration enforcement likely to occur? 
A: Agents are more likely to initiate contact outside classrooms—in hallways, elsewhere on campus, or off-campus nearby—rather than inside instructional spaces. 

Q: How should I respond if a federal agent enters my classroom? 
A: Calmly state: “I do not consent to your entry.” Explain that the classroom is a nonpublic space reserved for registered students and invited guests. Refer the agent to the President’s Office. You may escort them or call campus public safety. 

Q: Should I report the incident? 
A: Yes. Immediately report any immigration enforcement activity on campus to the college president. Observe what occurs, document it, and share the information as soon as possible. 

Q: Can I lock the classroom door if I'm concerned about enforcement? 
A: You cannot lock the door specifically to block a federal agent’s access—that may be seen as obstruction. However, faculty can lock doors for other legitimate safety-related reasons (e.g., lockdown drills, classroom protocol). Currently, there is no campus directive requiring classroom doors to be locked.  

Q: What if a student opens the door for an agent or identifies another student? 
A: Faculty may not interfere if a student opens the door and allows the agent in, or if the student identifies another student. Any attempt to stop that interaction could be considered interference. 

Q: What if immigration enforcement shows up during the evening or after hours? 
A: If the President’s Office is closed, contact Public Safety at (650) 738-7000. Public Safety has an established protocol and will contact the College President and/or the District Chancellor immediately. 

Q: Can I give legal guidance to students during the incident? 
A: No. You cannot direct a specific student not to respond or interfere with an agent’s attempt to communicate with a student. This may be considered unlawful interference. 

Q: Is it okay to generally advise students about their rights? 
A: Yes, but only before any ICE activity occurs. It is appropriate to provide general guidance and distribute red rights cards regularly in advance.  

Q: What are red cards, and when should I give them out? 
A: Red cards inform students of their rights during immigration encounters. Distribute them proactively, not during enforcement activity. Students may choose to use them voluntarily. Cards are available in multiple languages on all three campuses.  

8. Behaviors to Avoid During Immigration Activity 

Q: Can I lock the door to stop a federal agent from entering? 
A: No. Locking the door to prevent access may be seen as obstruction of justice or harboring. Only lock doors for another valid reason unrelated to immigration enforcement. 

Q: Can I tell students to stay silent in front of an agent? 
A: No. Telling individual students not to speak or interrupting an agent’s conversation with a student is unlawful interference. 

Q: What else should I avoid doing? 
A: Avoid any actions that could obstruct, delay, or interfere with the duties of immigration officers. Do not escalate the situation or direct students in front of agents. 

  • Interim AP 3415 - Immigration Enforcement Activities
  • Interim BP 5040 - Student Records, Directory Information, and Privacy
  • Interim AP 5017 - Responding to Inquiries of Immigration Status, Citizenship Status, and National Origin 

Assembly Bill (AB) 21

Assembly Bill 21 (Kalra, 2017) seeks to mitigate the impacts of potential federal changes to immigration enforcement policies and to ensure students have access to their financial aid, legal representation, and their constitutional right to due process. AB 21 also required that the CA Attorney General and the higher education segments (including private universities) adopt a model policy developed by the Attorney General or an equivalent policy, limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law.

Source: California Community Colleges Dreamers Project: Complete Report  

Assembly Bill (AB) 540

Assembly Bill 540 was passed in 2001 and grants students who meet certain criteria an exemption from paying nonresident tuition.

Source: California Community Colleges Dreamers Project: Complete Report  

CA Dream Act (AB 130 and 131)

The California Dream Act (Assembly Bill 130 and Assembly Bill 131) allows undocumented and nonresident documented students who meet certain requirements to apply for and receive:

  • Scholarships
  • State-administered financial aid
  • Community college fee waivers
  • Cal grants

Make sure your high school has verified your GPA. Learn more at California Student Aid Commission, or call (888) 224-7268.

Deferred Action for Childhood Arrivals (DACA)
DACA is a federal program for people who came to the US as children and meet several eligibility requirements. DACA provides a two-year deportation reprieve and applicants may apply for a work authorization permit, which is subject to renewal. It does not provide lawful status. Only adults who were 31 years old or younger on June 15, 2012 qualify for this program. More information about DACA
DREAMer

The Development, Relief, and Education for Alien Minors (DREAM) Act (S.1291) legislation was introduced in 2001 as a bipartisan bill in the Senate. The legislative goal was to provide a means for undocumented immigrants who arrived in the US as children to gain a pathway to permanent legal status, provided those individuals achieved certain milestones.

The term Dreamer refers to undocumented students who were brought to the US by their parents as minors and either entered the country without inspection or overstayed their visas. They face unique legal uncertainties and limitations within the US educational system.

In-State Tuition (AB 540, AB 2000, SB 68)

California laws that allow qualifying students, who would otherwise not be eligible for in-state tuition, to pay in-state tuition at UC, CSU, or California Community Colleges.

  • Assembly Bill 540 (AB 540), passed in 2001 to amend Section 68130.5 of the Education Code. It grants students meeting certain eligibility criteria an exemption from paying nonresident tuition at the CCC. Students granted this exemption will receive in-state CA tuition rates.
  • Assembly Bill 2000 (AB2000), passed in 2014 to amend Section 68130.5 of the Education Code. This is an expansion of AB540. It increases the scope of student eligibility for students who graduated early from a California High School with the equivalent of three or more years of credits. If a student graduates early, they must have attended CA high elementary, middle school, and/or high school for a cumulative total of 3 or more years. It grants students meeting certain eligibility criteria an exemption from paying nonresident tuition at the CCC. Students granted this exemption will receive in-state CA tuition rates
  • Assembly Bill 68 (SB68), passed in 2017 to amend Section 68130.5 of Education Code., This changed the criteria for students eligible for a nonresident tuition exemption, as previously defined in Assembly Bill 540 (2001). Senate Bill 68 expands the requirements of AB 540/ AB 2000 to include attendance at California Community Colleges and attainment of an associate's degree.
Individual Taxpayer Identification Number (ITIN)
An ITIN is a tax-processing number issued by the Internal Revenue Service (IRS). ITINs are issued regardless of immigration status and are used for federal tax reporting only. These numbers are not intended to serve any other purpose. An ITIN can be used to apply to college, but is not required.
International Student
International students include those who currently hold specific visas. Undocumented students are not considered international applicants because many do not qualify for a visa and do not have to go through the international admission process.
Mixed-Status Family

A mixed status family is one in which some family members are US citizens and/or legal residents while others remain undocumented. For example:

  • A documented student with undocumented parents
  • A documented student with undocumented siblings
Non-Citizen

The term non-citizen applies to students who:

  • Are not US citizens or permanent residents
  • Do not hold a valid visa
  • Are not seeking a visa for study or documentation for residency in the US
Overstayed Visa
An individual with an overstayed visa is one who has stayed in the US after their tourist, visitor, or student visa has expired.
Senate Bill (SB) 54
Senate Bill 54 (De Leon, 2017) ensures that no state or local resources are diverted to fuel any attempt by the federal government to carry out mass deportations and that schools, hospitals, and courthouses are safe spaces for everyone in the community.
Senate Bill (SB) 68
SB 68 is a law that expands on AB 540 to enable students to count years spent at a California Community College and adult education towards AB 540 eligibility. Additionally, SB 68 allows the completion of an associate degree or satisfaction of the minimum requirements to transfer to the University of California or California State University as sufficient for students to qualify for in-state tuition and financial aid.
Temporary Protected Status (TPS)
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. The US Citizenship and Immigration Services may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
UndocuAlly
UndocuAlly is a term adopted to refer to allies for undocumented young people.
Undocu-friendly
Undocu-friendly is a term that refers to institutions that have policies or systems in place that aim to support undocumented students.
Undocumented

The term ‘undocumented immigrant’ refers to anyone residing in any given country without legal documentation. This may include people who:

  • Entered the US without inspection
  • Entered the US legally but overstayed
  • Have or previously had Deferred Action for Childhood Arrival (DACA) status
  • Are in the process of legalizing
U Visa/U-Visa/U Non-Immigrant Status
U-visa, or the U nonimmigrant status (U visa), is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.