Update, December 3, 2016 at 7:51 pm:

Evidently not all university officials or instructors are as willing to protect unauthorized immigrant students from the threat of ICE deportation action as former DHS chief Janet Napolitano has stated she is (see below).

Huffington Post reports that a University of Instructor teacher, David Buch, warned students that his classroom is not a "safe space" and that he would turn students in to immigration authorities of he suspects they are in the country illegally.

However, after a campus uproar, Buch tried to walk back his comments, saying:

"I'm extremely sorry for the comments. I know how hurtful they are to many of you...I have never, nor will I ever, create a classroom of hate or intolerance."

One can only hope that America will not become a country of hate and intolerance toward immigrants in the wake of last month's election results.

The Huffpost story is at:


My original post follows:

In an LA Times story which, surprisingly, appears to be under-reported elsewhere, Janet Napolitano, former Governor of Arizona, who was head of the Department of Homeland Security under the Obama administration from 2009 to 2013 and is now president of the University of California, announced on November 30 that, unless ordered to do so by the courts, she will refuse to cooperate with the DHS or any other federal agents seeking immigration information about US students, or information about their race, national origin or religion.

In her statement, she said the following:

"While we still do not know what policies and practices the incoming federal administration may adopt, given the many public pronouncements made during the presidential campaign and its aftermath, we felt it necessary to reaffirm that US will act upon its deeply held conviction that all members of our community have the right to work, study, and live safely at all UC locations."


According to her announcement, the new UC principles are as follows:

* Campus police will not assist local, state or federal agents to investigate, detain or arrest students for violations of federal immigration law.

* Police will also be told not to contact, detain, question or arrest individuals only on suspicion of immigration violations.

* No confidential student records will be released without a judicial warrant, subpoena or court order.

* UC will continue to admit all eligible students without regard to immigration status and take the same stance in treatment of patients at its medical centers.

Janet Napolitano is not exactly a stranger to the deportation process. Pew Research statistics show that during her tenure at DHS deportations reached a record high of approximately 400,000 per year.


Nor are accusations that she engaged in "massive ethnic cleansing against immigrants" by overseeing deportations at DHS entirely unknown.


Is Janet Napolitano a hypocrite, or is she trying to warn America that even though she herself was responsible for bringing deportation numbers to all time high, there could be much, much worse to come? In terms of deporting non-white immigrants, will Barack Obama's legacy turn out be that of a "John the Baptist" for Donald Trump?

And if America sees the spectacle of a new DHS Secretary, whoever it may be, taking a previous DHS Secretary to court for not being sufficiently zealous about deporting Latino, Asian, Middle Eastern or black immigrant students, could it also be possible that the new Attorney General, who is no friend of immigration, could be bringing criminal charges against university officials who, like Napolitano, are trying to protect their students from deportation, for "harboring" or "assisting" immigrants wo are in this country illegally under INA Section 274?

Janet Napolitano's own deportation record is unlikely to result in engraving her name at the base of the Statue of Liberty. But we may not be hearing very much about that statue during the coming administration.

With one of the fiercest opponents of all forms of immigration in the entire US Congress about to take over the federal criminal justice system as Attorney General; and the author of numerous state immigration repression and minority voter suppression laws (many of which have been struck down by the courts) reportedly being considered to become the new DHS Secretary; not to mention Trump's November 29 threat to take away the US citizenship of Americans who exercise their constitutionally protected right to express their opposition to his policies by using the US flag as a symbol, it may be more than enough of a challenge to maintain the rights and liberties, not only of millions of minority immigrants in America, but of millions more American citizens who support these immigrants and stand up for their rights.

Roger Algase
Attorney at Law