President Schmidt responds to sanctuary campus petition demands signed by over 850 students, authors say it's not enough

Last Tuesday, President Martin A. Schmidt ’81 sent out an email to the Rensselaer community in response to a petition by RPI’s chapter of the Young Democratic Socialists of America demanding the Institute be declared a sanctuary campus. So far, 854 students, 36 faculty and staff, 118 alumni, and 12 student organizations and clubs have signed the petition.

The petition asked Schmidt to make it policy for RPI to not comply with Immigration and Customs Enforcement unless a proper warrant has been issued, to prevent Public Safety from cooperating with ICE, and to prevent ICE from collecting or sharing student immigration status. Additionally, it calls for RPI to supply students with free legal services regarding immigration questions, and to restrain any response to student demonstrations. YDSA created the petition as a Google Form on February 8 where it spread mainly through word of mouth, social media, and posters placed around campus.

Addressed to the President, the petition urges: “You have repeatedly affirmed your dedication to serving our underserved students. With this in mind, we, the undersigned students, staff, faculty, and community members of RPI, urge that you implement concrete, tangible policies to ensure that what you have said is not merely empty words.”

President Schmidt’s email agreed to some of the petition’s demands but stopped short of declaring RPI a sanctuary campus. “While our advocacy for and assistance to our students will not waiver, we will continue to abide by federal law and will not adopt a designation that is not in the best interests of our students and our university,” the email said.

The email then went on to say that RPI will comply with legally valid warrants and subpoenas but did not say if Public Safety would refuse to cooperate with ICE. The email also states that RPI has a legal obligation to obtain and retain immigration status of all students on a student visa along with faculty and scholars on their visas. FERPA, the federal law that governs access to personal education information, requires disclosures to legally issued subpoenas. RPI would be required to notify a student if it was releasing information protected by FERPA, however, a subpoena may order RPI to not notify a student. The email did not state if the Institute would seek to challenge any subpoenas it receives for the immigration status of its students.

In regards to the other demands from the petition, RPI says it has and will continue to permit peaceful demonstrations in accordance with the Handbook of Student Rights, Responsibilities, and Conduct. Lastly, the RPI Office for International Services for Students and Scholars will continue to refer students to legal resources that are available at either low cost or free of charge.

Two days after Schmidt's email, RPI YDSA issued a statement to The Poly welcoming the Institute’s willingness to engage in dialogue but stated that the president’s email did not go far enough. “[W]e wish that President Schmidt’s response championed a more proactive attitude toward protecting RPI’s international and immigrant students, faculty, and community members. Simply reiterating that they will follow the law is not enough,” the statement read (emphasis included).

YDSA went on to cite a resolution passed by the Student Senate stating that Schmidt’s email did not clarify if RPI would refuse to comply with unlawful investigations or any unlawful presence on campus. The resolution, passed hours after Schmidt’s email, urged the Institute to support international and immigrant students. The resolution also called on RPI to educate students about their constitutional and civil rights and provide training to Public Safety and staff on how to respond to ICE personnel.

When reached for comment, the Institute stated “RPI’s top priority is the safety and well-being of our students, and we will continue to put our students first by doing all we can to foster a safe learning community. RPI will do everything within its power to protect students while also adhering to the laws and regulations that all universities must follow. Not doing so is not in anyone’s best interest because it creates risks.”

RPI did not directly answer The Poly’s questions about how Public Safety would handle ICE or if it would fight any subpoenas for student information only that they would comply if they were valid. The Institute went on to say that it was supportive of the Senate’s resolution and will work with student leaders to implement it and directed students with questions to the ISSS.

When asked, RPI did not say if it would notify students of an ICE enforcement action if it learned about it in advance. The Institute also did not say if it would notify students if ICE appeared on campus or if it had ever been subpoenaed in the past by the federal government looking for records regarding the immigration status of students.

In October 2021, the Biden administration’s Department of Homeland Security issued guidelines that restricted most enforcement actions from being taken in and around certain protected areas including schools, churches, and hospitals. A day after Trump took office, these guidelines were rolled back allowing ICE agents onto these protected areas.

According to the American Immigration Council, there were roughly 408,000 undocumented students in colleges and universities across the U.S. in 2021 or roughly 1.9 percent of all college students across the country. There are currently no federal laws that prohibit colleges from enrolling undocumented students. RPI’s admissions website states that undocumented students are treated as international students for admissions purposes. When they apply they should select the option “DACA, undocumented, Deferred Enforced Departure, or Temporary Protected Status” for the question “Select your citizenship status.”