Faculty Protections in the Case of Immigration Enforcement Protests

By Luke Lara, FA Ombudsperson

Given the immigration actions locally and nationally over the past year and more recent heightened activity in Minnesota, a member of the Faculty Assembly (FA) inquired about what protections faculty have surrounding Immigration and Customs Enforcement (ICE) and police action.

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For example, what if a full-time faculty member participates in a peaceful protest (exercising first amendment rights), something goes wrong, ICE/police begin arresting people, and a faculty member is detained or arrested (not necessarily because of deportation orders)? What would happen to that faculty member in regard to their job at MiraCosta? The following are some possible scenarios involving faculty off campus:

• A faculty member is detained or arrested, and then released, but does not miss any classes/work duties.

• A faculty member is detained or arrested, and misses 1-2 class sessions or a committee meeting (less than a week).

• A faculty member is detained or arrested for a longer period, such as a few weeks.

• A faculty member is arrested and is charged with a crime as part of a protest.

What if ICE were to come to campus, attempt to enter a classroom, and a faculty (otherwise following AP3415) is arrested or detained in the process, at MiraCosta? 

We posed these questions and scenarios to the district. The response was “it depends.” This is not the answer we wanted to hear either. 

It depends on several factors, including whether the faculty member is detained or arrested, in addition to the circumstances involved, among other things. The district would consult its legal counsel to determine how to proceed, along with informing the employee representative group (the FA for full-time faculty). 

We have provisions in the Collective Bargaining Agreement (CBA) to support faculty around various paid and unpaid leave options. When a faculty member is experiencing this type of situation, we will review the options that are most relevant at the moment. In the end, all full-time faculty have due process rights granted in the CBA and the FA is here to help faculty understand those rights and ensure the district follows the contract.

If you have any questions, please contact the Ombudsperson, Luke Lara.