Frequently Asked Questions about Immigration

Several executive actions (which can include executive orders, presidential proclamations and presidential memoranda) have been issued by the current presidential administration. These actions have changed priorities related to federal immigration law enforcement. Additionally, recent legislation called the Laken Riley Act has changed immigration policy. Otherwise, the changes seen are in how the federal government is enforcing and using existing laws. 

The university is closely monitoring new executive actions, new legislation, and other changes to federal and state policy to determine any immediate or potential impact to university community members with a goal of communicating accurate information to university stakeholders as quickly as possible. 

OSU’s mission is to provide access to higher education to all residents of Oregon, including students who are undocumented, students with DACA, students from families with mixed immigration statuses, and non-citizens who are in the United States to learn and work. The university takes its mission and its responsibility to support the success of its students and employees seriously.  

Presently, none of the recent executive orders or changes to legislation have changed OSU’s stance or policies with respect to its support for community members navigating immigration matters. However, we know recent developments at the federal level have caused concern among some university community members. Rest assured, university leaders are working to analyze changes in immigration policy and law to communicate guidance to appropriate members of the university community as quickly as possible. 

Oregon’s Sanctuary Promise Laws provide that “it is against Oregon law for state and local law enforcement or public agencies (state and local government offices) in the state of Oregon to participate directly or indirectly in immigration enforcement without a judicial warrant." This includes public bodies like Oregon State University. OSU complies with Oregon's Sanctuary Promise Laws. In practice, this means:

• University law enforcement will not investigate or interrogate individuals for immigration enforcement purposes. 

• All voluntary requests from federal agencies to the university related to civil immigration enforcement will be denied, documented and reported to the Oregon Department of Justice. 

• The university does not release confidential student or employee information to federal immigration enforcement agencies except as required by law, valid warrant, subpoena or court order. 

OSU also complies with federal laws related to immigration by verifying the immigration status of OSU employees, and ensuring new employees, including student employees, are authorized to work in the United States. Additionally, when a student seeks federal government financial aid, OSU is required to ask for immigration status information and provide that information to the Department of Education (DOE). All of these processes are different than immigration law enforcement. 

In addition to complying with federal laws related to employment, OSU takes seriously its compliance with the Family Education Rights and Privacy Act (FERPA), which protects the privacy of student records and regulates how information is used. Under FERPA and other applicable privacy protections, OSU will not voluntarily release unauthorized student information for purposes of immigration law enforcement. 

Signed into law on January 29, 2025, the Laken Riley Act is a new law that makes it easier for federal immigration law enforcement agencies to detain non-citizens if they are criminally charged with a variety of crimes, including shoplifting. Importantly, this law allows detention based on a criminal charge, rather than a criminal conviction.

International students and employees who are otherwise maintaining their immigration status are typically not at risk of detention or deportation. Like you, we have seen news reports of persons on visas experiencing detention and deportation filing lawsuits alleging they were not provided notice or due process. These cases indicate more aggressive enforcement by federal immigration enforcement officers than previously experienced.  Community members concerned about this possibility are encouraged to consult with a qualified immigration attorney in advance. If an international student or employee is charged with a crime, they should consult with a criminal attorney and immigration attorney and notify the Office of International Services.

Students and employees with legal questions about immigration matters are strongly encouraged to seek legal advice for their specific personal and family circumstances from an experienced immigration attorney. Corvallis-based students may seek initial legal advice through ASOSU Legal Services. ASOSU Student Legal Services is student fee funded. They specifically support Corvallis campus-based students.

Below are three of many resources for finding personal legal services: 

• Oregon State Bar Lawyer Referral Service provides referrals to qualified attorneys who have agreed to provide callers with an initial 30-minute consultation for a nominal fee - but this is not a free or pro bono service. 

• American Immigration Lawyers Association Immigration Lawyer Referral Service provides referrals to immigration attorneys across the U.S.

• Oregon Law Help.

Under Oregon state law, Oregon State University’s Department of Public Safety is prohibited from using resources to detect or apprehend someone whose only violation of law is a civil (not criminal) federal immigration law violation.

You should still follow the five-step guidance on engaging with federal law enforcement. Both the Department of Public Safety and Office of the General Counsel have employees on-call in case of situations like these and should be contacted according to the five-step engagement guidelines. 

The ongoing news surrounding traveling has caused concern for both immigrant and non-immigrant communities. As such, it is advisable for those with upcoming travel to seek guidance and take additional precautions before traveling. First, consider if your trip is essential. To avoid potential disruptions, plan your travel carefully if you must travel. For non-U.S. citizens/nationals, ensure you have all the necessary travel documents pertaining to your immigration status and stay informed through reliable sources about the latest immigration regulations and policies pertaining to your immigration status. For more travel information, visit the OIS student and employee travel pages. 

If a non-U.S. citizen/national has had previous immigration violations, encounters with law enforcement or is for other reasons concerned about possible detention and deportation, they should consult with an experienced personal immigration attorney before their departure for guidance, and for support if they encounter immigration related issues during their travel and reentry into the U.S.  

Additionally, it is advisable for all students and employees regardless of immigration status, to carry “Know Your Rights” cards, valid government issued identification, and through reliable sources, staying current on state and country laws before traveling. The American Civil Rights and Liberties Union (ACLU provides individuals with guidance for law enforcement engagement at the airport (in multiple languages). 

The federal government believes that CBP has the authority at the border and at all points of entry including but not limited to airports to search personal electronic devices without a warrant. This includes cell phones, laptops, and other electronic devices. The CBP asserts that such searches are necessary because they are conducted to enforce the law and protect border security. While the agency states that such searches are rare, they are occurring, and travelers should be aware of and prepare for this possibility and know their rights. More information can be found on the CBP website, and the ACLU provides individuals with guidance for law enforcement engagement at the airport (in multiple languages).

A visa is a travel document needed for entry into the U.S. Revocation of one’s visa, alone, only impacts the ability to travel and enter the U.S. and does not otherwise impact valid immigration status in the U.S. However, termination of a student's SEVIS record, which has recently accompanied visa revocation, may have immediate impact. See below for more information.

It has been a long-standing practice for the U.S. Department of State to revoke visas of individuals who have been convicted of crimes while in the U.S. However, the reasons for visa revocations have recently expanded. The U.S. Department of State (DOS) has indicated that some reasons for recent visa revocations include:

• A past encounter with law enforcement.
• Political activity viewed as a cause for federal government concern.
• Social media or public expression viewed as potentially damaging to U.S. foreign policy.

SEVIS (Student Exchange and Visitors Information System) is a government immigration records database for international students. The US Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP), maintains these records. DHS has indicated that the reasons for federally initiated termination of students’ SEVIS records include:

• Perceptions that the student’s presence may cause “serious adverse foreign policy consequences.”
• The student has violated and therefore failed to maintain the terms of their immigration status.
• Revocation of a student's visa.

When a student’s SEVIS record is terminated, the government may deem them removable (“deportable”) because they have lost their legal permission to stay and study in the U.S. It is important that students address this issue promptly by working with the Office of International Services (OIS) and an experienced immigration attorney to assist in guiding them through their options.

Yes. During regular reviews of immigration records, the Office of International Services has noted the termination of SEVIS records for some OSU students at both the undergraduate and graduate levels and some students on post-graduation Optional Practical Training (OPT/STEM OPT). OIS has initiated outreach to these impacted students to offer support and referral to resources and will continue to monitor SEVIS records for any changes.

While immigration records are terminated from time to time for different reasons, the suddenness of these federal agency-initiated actions has led the university to review student immigration records more frequently so that we can provide support to those impacted. OSU’s Office of International Services is frequently reviewing and reaching out to impacted students with resources and support as they become aware of a students’ change in status in the federal immigration records database. Students should also frequently check their emails submitted to the Department of State during their visa application for any notifications of visa revocations.

While the university currently does not have the legal standing to prevent federally initiated visa revocation or SEVIS record termination on behalf of individuals, OIS is focused on conducting regular checks to the database and promptly notifying those impacted to give them the most up-to-date information and provide them with resources available from the university, as well as community groups, including what’s found on the resources page on the Resources for Beavers Navigating Immigration Matters website.

To advocate for OSU students and in service to the university’s mission, OSU joined other universities on an amicus brief being filed by the Presidents’ Alliance on Higher Education and Immigration in support of a lawsuit brought by the American Association of University Professors (AAUP) and others to challenge federal actions impacting international students and educators, including their speech and expression activities. The university will continue to identify opportunities to advocate for changes in the federal government's approach to international students. Additionally, the university is in regular contact with state and federal elected representatives and officials to describe the impact of federal actions on our students and programs.

This is a rapidly developing area of immigration enforcement. We understand the confusion and anxiety this situation can cause. Every student’s case has its unique circumstances. If a student has been notified of their visa revocation or SEVIS termination:

• They should be aware that everyone has rights whether they are a citizen or not.
• They should contact an experienced immigration attorney as soon as possible to understand the implications of their SEVIS record termination and explore their legal options. The Office of International Services (OIS) can offer initial guidance towards how to engage legal counsel.
• Pending consultation with an experienced immigration attorney, it is advisable to cease any employment activities (on or off campus) to avoid further immigration violations, which may further complicate their case.

It is important to work with an attorney who understands your unique situation and has experience working with matters specific to your situation (immigration, criminal, civic law, etc.). Some considerations when making determination of which immigration attorney to work with include:

• Do they regularly handle student immigration matters (F-1, J-1, etc.)?
• Do they regularly work with International Student Offices?
• Are they familiar with detention and removal (“deportation defense”) cases?
• Be sure the attorney is clear on your priorities and desired outcomes.
• Be clear on your available resources for legal services.