Tag: Agreements

  • McMahon Says ED Agreements Are Temporary

    McMahon Says ED Agreements Are Temporary

    McMahon is committed to fulfilling the president’s campaign promise—shutting down the department and putting herself out of a job.

    Jim Watson/AFP/Getty Images

    To Education Secretary Linda McMahon, outsourcing education-related grant programs to other federal departments is just a “proof of concept” for her larger goal—closing the 45-year-old agency.

    “Let’s move programs out on a temporary basis. Let’s see how the work is done. What is the result? What is the outcome?” she said in an all-staff meeting at the department Tuesday, shortly after publicly announcing six interagency agreements. “And if it has worked and we have proven that this is the best way to do it, then we’ll ask Congress to codify this and make it a permanent move.” (The meeting was closed to the public. All quotes are pulled from a recording obtained by Inside Higher Ed.)

    In 20 minutes, the secretary explained her plan and the framework through which she hopes her employees and the nation will view it.

    “We are not talking about shutting down the Department of Education. We are talking about returning education to states where it belongs,” she said. “That is the right messaging.”

    McMahon cited polling that she said showed that while the public doesn’t support shutting down ED, respondents are more supportive when they hear the plan still preserves ED’s programs by sending them to other agencies.

    A restructuring like the one in Tuesday’s announcement has been rumored for months, and the changes mirror recommendations outlined in Project 2025—a conservative blueprint that called for closing ED. (The education section of Project 2025 was spearheaded by Lindsey Burke, who is now the department’s deputy chief of staff for policy and programs.)

    To advance President Trump’s goal of shuttering the agency, McMahon has previously shipped career and technical education programs to the Department of Labor and laid off nearly half of her staff.

    But while the secretary said she understands the “unrest” and “uncertainty” the reductions in force have caused and stressed that they were hard decisions made with the “greatest of thought and care,” she stood firm on her belief that they were necessary.

    “I applaud and appreciate everything that every one of you in this room is doing and has done over the years,” she said. “I’m not saying to any one of you that your efforts aren’t good enough—what I’m saying is the policies behind those efforts have not been good enough.”

    McMahon then argued that the first agreement reached earlier this year with Labor has paid off.

    By co-managing, “we can be more efficient and economical,” she said. “For instance, we’ve utilized Labor’s system now on grant drawdowns, and we’ve drawn down over 500 already, and they work very proficiently. It’s a better system than we had here.”

    Although some conservatives praised the administration’s actions, others cast doubt on their magnitude or argued they were distracting attention from what really matters. For Margaret Spellings, former education secretary under President George W. Bush, that’s the “economic emergency” of improving student outcomes.

    “Moving programs from one department to another does not actually eliminate the federal bureaucracy, and it may make the system harder for students, teachers and families to navigate and get the support they need,” she said. “We need to keep the main thing the main thing, and that is how to improve education and outcomes for all students.”

    McMahon, on the other hand, told employees that this move is key to doing just that.

    “We want to make sure that [students] understand there are many opportunities for them … that there are programs that will give them a great livelihood, whether they want to be electricians or doctors or Indian chiefs,” she said. “We are not closing education; we are lifting education up.”

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  • At Least 15 Florida Institutions Have ICE Agreements

    At Least 15 Florida Institutions Have ICE Agreements

    At least three members of the Florida College System have signed agreements with the U.S. Immigration and Customs Enforcement to allow their campus police departments to enforce immigration law, bringing the total to 15 institutions across the state.

    Florida SouthWestern State College, Northwest Florida State College and Tallahassee State College have all signed 287(g) agreements with ICE, which allows the agency to delegate immigration enforcement powers to other law enforcement agencies, such as campus police. Those three agreements have been approved by ICE, according to a federal database. Others approved as participating agencies are the police at Florida A&M University, New College of Florida, the University of Central Florida, the University of Florida and the University of West Florida.

    None of the three latest colleges responded to requests for comment from Inside Higher Ed.

    Santa Fe College also has a draft agreement in place that has not yet been signed, a spokesperson said, noting the earliest that would be done is at a May 20 board meeting. A spokesperson for Pensacola State College said its campus police are considering an application to partner with ICE.

    Other institutions that have already signed agreements with ICE are:

    • Florida A&M University
    • Florida Atlantic University
    • Florida Gulf Coast University
    • Florida International University
    • Florida Polytechnic University
    • Florida State University
    • New College of Florida
    • University of Central Florida
    • University of Florida
    • University of North Florida
    • University of South Florida
    • University of West Florida

    While all 12 institutions in the State University System have signed on with ICE, Florida SouthWestern State, Northwest Florida State and Tallahassee State appear to be the first of the 28 members in the Florida College System to enter such arrangements.

    Not all of the state colleges have campus police departments. But of those that do have campus police departments, signing on with ICE isn’t a given. For instance, Florida State College of Jacksonville and Polk State College told Inside Higher Ed that neither have a memorandum of agreement with ICE.

    Leaders Defend Agreements

    The agreements with ICE come amid an immigration crackdown driven by Gov. Ron DeSantis and Florida’s Republican-controlled Legislature. In February, DeSantis directed state law enforcement agencies to sign agreements with ICE “to execute functions of immigration enforcement within the state” to make deportations more efficient, according to a news release.

    Florida colleges and universities soon followed by signing memorandums of understanding with ICE that will deputize campus police officers to carry out immigration duties on campus. Institutions have largely declined to speak publicly about the arrangements. However, a recent Faculty Senate meeting at Florida International University with FIU chief of police Alexander Casas yielded insights into why agreements were signed but left many lingering questions.

    Casas argued at the April 18 meeting that it would be better for university police to carry out immigration enforcement duties on campus than outside agencies.

    “I can’t control what ICE does. I can’t control what a state agency does that has jurisdiction. But if I don’t enter the agreement, I don’t even have the opportunity to say, ‘Call us first, let us deal with our community.’ That’s not even an option,” Casas said. He added he wanted to be “in the driver’s seat” but “without the agreement, I’m not even in the car.”

    FIU interim president Jeanette Nuñez, the former lieutenant governor under DeSantis, also defended the deal, telling the Faculty Senate the ICE agreement follows similar arrangements “at almost all of the state universities and many other universities across the country.”

    Immigration experts have told Inside Higher Ed they are unfamiliar with such agreements at universities in other states. Only Florida institutions appear in an ICE database that tracks active and pending 287(g) agreements. (FIU did not respond to questions about Nuñez’s claims.)

    FIU Faculty Senate members, however, did not seem swayed by Casas or Nuñez. Several professors spoke about their distrust for ICE—some clearly emotional—and referenced recent questionable actions by ICE, such as the widely publicized arrest of Juan Carlos Lopez-Gomez, an American citizen who was detained earlier this month and falsely accused of illegally entering Florida as an “unauthorized alien.” Federal officials later blamed Lopez-Gomez for his arrest.

    Ultimately, the Faculty Senate approved a resolution calling for the university to withdraw from the ICE agreement, which members argued ran counter to the values of the institution.

    Statewide Concerns

    Concerns about such agreements have also emerged at universities across the state.

    Students and faculty have protested such agreements at FIU, FAU and elsewhere. United Faculty of Florida, a union that represents professors across the state, condemned the agreements with ICE as a betrayal of the core values of higher education in a recent statement.

    “Our campuses must be institutions of learning, critical inquiry, and inclusion—not instruments of surveillance and state-sponsored oppression,” United Faculty of Florida officials said in a statement last week. “The presence and involvement of ICE on our campuses sows fear among students, staff, and faculty, particularly those from immigrant, undocumented, or international communities. It undermines the very mission of our higher education system: to foster open dialogue, intellectual freedom, and the free exchange of ideas across borders and identities.”

    The agreements also prompted pushback from the Florida Advisory Council of Faculty Senates, which issued a resolution that urged universities to withdraw from existing agreements with ICE.

    “To effectively protect our universities, campus police cultivate a unique relationship with campus communities,” council members wrote in a recent resolution. “They come to know our students, our educational spaces, and our communities. They are present at peaceful protests, in classrooms, and at student events. Repurposing this unique trust for federal immigration enforcement makes our campuses less safe, puts our officers in an untenable position, and chills students’ access to the support services they critically need to succeed.”

    That resolution has already been endorsed by some faculty senates, including at FAU.

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  • At Least 10 Florida Universities Have Signed ICE Agreements

    At Least 10 Florida Universities Have Signed ICE Agreements

    At least 10 Florida public universities have struck agreements with the federal government authorizing campus police to question and detain undocumented immigrants.

    Inside Higher Ed requested public records from all 12 State University System of Florida institutions related to their agreements with U.S. Immigration and Customs Enforcement. Based on the results, it is clear that at least 10 have signed deals with ICE: Florida A&M University, Florida Atlantic University, Florida Gulf Coast University, Florida International University, New College of Florida, the University of Central Florida, the University of Florida, the University of North Florida, the University of South Florida and the University of West Florida.

    Florida State University and Florida Polytechnic University are in the process of signing the paperwork, according to spokespersons at each institution.

    It is unclear whether any of the 28 members of the Florida College System, which don’t all have sworn police forces, have made similar arrangements with ICE. An FCS system spokesperson did not respond to a request for comment on whether its colleges have also entered such agreements.

    Universities across the state signed memorandums of agreement at the direction of Republican governor Ron DeSantis, who ordered law enforcement agencies to partner with ICE “to execute functions of immigration enforcement,” according to a Feb. 19 news release.

    Legal experts and Florida faculty members note that such agreements are rare and mark a shift away from the typical duties of campus police, which don’t usually include immigration enforcement. They also raised concerns about how such arrangements could create a climate of fear on campuses.

    Enforcers Seeking Partners

    The DeSantis directive came shortly after the governor tapped Larry Keefe, a former U.S. attorney for the Northern District of Florida, to serve as executive director of the nascent State Board of Immigration Enforcement, created by Florida’s Legislature. Keefe is known for helping DeSantis orchestrate flights of migrants from Texas to Massachusetts in 2022.

    Keefe was named to the role on Feb. 17. Eight days later, Jennifer Pritt, executive director of the Florida Police Chiefs Association, sent an email to multiple universities that included a template for a memorandum of agreement with ICE. “Director Keefe is seeking participation from as many municipalities as possible, as soon as possible,” Pritt wrote.

    Most universities, however, offered limited statements about their agreements with ICE. A Florida Board of Governors spokesperson also provided few details.

    “Several police departments at universities within the State University System of Florida are partnering with U.S. Immigration and Customs Enforcement,” Cassandra Edwards, director of public affairs for FLBOG, wrote by email. “We do not maintain these records and recommend contacting individual universities for specific information about the partnerships.”

    Public records show that Florida Poly was hesitant to sign on, apparently due to guidance by Polk County sheriff Grady Judd, who is also on the State Board of Immigration Enforcement.

    “He wants us to hold off and not sign because he’s going to be handling all from Polk and not wants [sic] us to be involved as of now,” Florida Poly police chief Rick Holland wrote in a March 25 email response to questions from administrators at other universities about the agreements.

    Though Florida Poly noted it is still in the consideration process, emails obtained by Inside Higher Ed show another message from Holland indicating that Florida Poly appears willing to sign.

    “Can you send me a signed copy of your MOU as a template to where I need to sign?” Holland wrote in an April 3 email sent to Jennifer Coley, the chief of police at New College of Florida.

    (Florida Poly confirmed after publication that it planned to sign the paperwork Wednesday.)

    The Agreements

    Memorandums of agreement reviewed by Inside Higher Ed show that universities that entered arrangements with ICE will grant their police the authority to perform tasks typically reserved for government officials, such as questioning, arresting and preparing charges for individuals on campus suspected of immigration violations.

    Campus police will be required to undergo mandatory training “on relevant administrative, legal, and operational issues tailored to the immigration enforcement functions to be performed,” according to copies of agreements between universities and ICE reviewed by Inside Higher Ed.

    Universities that signed agreements did not provide a timeline for when the training might begin.

    Michael Kagan, a law professor and director of the University of Nevada, Las Vegas, Immigration Clinic, said such agreements are uncommon at universities, noting that he is unaware of any others. He said they are essentially “force multipliers for ICE that deputize local police agencies to do the work that ICE would normally do itself.”

    Jennifer Chacón, a professor at Stanford Law School, also said that she had not heard of prior agreements between campus police and ICE. Chacón noted that 287(g) agreements, introduced in 1996 to delegate immigration enforcement powers to other law enforcement agencies, have ebbed and flowed over the years, rising under Republican presidents and falling under their Democratic counterparts. Under President Donald Trump, who has made a crackdown on immigration a central part of his policy agenda, such agreements are proliferating.

    “Over the last three months, we’ve seen an explosion in 287(g) agreements under Trump,” Chacón said.

    ‘Designed to Increase Fear’

    Faculty and legal scholars are skeptical and concerned about campus agreements with ICE.

    In a statement to Inside Higher Ed, the Florida International chapter of United Faculty of Florida called for the university to immediately withdraw from the program, which it condemned.

    “We affirm that every member of our university community has a basic right to feel safe on campus—free from profiling, surveillance, and fear of deportation,” members wrote. “FIU’s latest act of anticipatory obedience undermines the rights of our community and jeopardizes the opportunity for all students and faculty to learn from and engage with their non-citizen peers. FIU’s haste to comply with ICE is in direct conflict with its stated vision. These actions distract from our educational mission and erode the inclusive environment FIU claims to foster.”

    The statement added the student body is “majority Hispanic, heavily immigrant, and home to nearly 600 students protected by the Deferred Action for Childhood Arrivals (DACA) program,” calling the agreement a betrayal of FIU’s legacy as a prominent Hispanic-serving institution.

    Faculty at FIU also wrote that they were “equally alarmed to hear about the termination of the F-1 visa status of 18 FIU students.” (As of Tuesday evening, at least 1,234 students at 209 colleges have had their visas revoked, in some cases for participating in campus protests but often for unclear reasons.)

    Legal scholars shared faculty members’ concerns about the fallout of such agreements.

    “It seems like this is designed to increase fear. And whether that’s by design or not, it is likely to increase racial profiling on campus, and it is not at all an effective way to police immigration,” Chacón said.

    Kagan said he would be unsurprised to see similar agreements at universities in other red states.

    “I think that it will accentuate the extremes in terms of how different university systems react to the reality that immigrants are part of their campus life,” he said. “You have one extreme, where Florida is saying, ‘Let’s hunt them down with our own police,’ while you have other university systems that have started programs to be more welcoming to undocumented students.”

    Editor’s note: This article has been updated to reflect that Florida Poly plans to sign an agreement with ICE on Wednesday.

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  • NLRB Issues Decision Blocking Certain Provisions in Severance Agreements, CUPA-HR to Hold Webinar – CUPA-HR

    NLRB Issues Decision Blocking Certain Provisions in Severance Agreements, CUPA-HR to Hold Webinar – CUPA-HR

    by CUPA-HR | March 20, 2023

    On February 21, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb deciding that employers cannot offer employees severance agreements that require employees to waive rights under the National Labor Relations Act (NLRA), such as confidentiality and non-disparagement requirements.

    The Board explained in its press release on the decision that if an employer offers a severance agreement with a provision that requires the employees to broadly give up their rights under the Act, the employer violates the NLRA. The simple offering of the agreement “is itself an attempt to deter employees from exercising their statutory rights, at a time when employees may feel they must give up their rights in order to get the benefits provided in the agreement.” NLRB Chair Lauren McFerran said “It’s long been understood by the Board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights under the National Labor Relations Act.”

    McFerran issued the decision alongside NLRB Democratic Members Gwynne Wilcox and David Prouty, while Republican Board Member Marvin Kaplan dissented. The decision reverses two Trump-era NLRB decisions, Baylor University Medical Center and IGT d/b/a International Game Technology. Both of these decisions determined severance agreements with confidentiality and non-disparagement provisions not unlawful in and of themselves.

    Importantly, this decision does not apply to public sector employees as the NLRB only has statutory jurisdiction over private sector employees. Additionally, the ruling does not apply to employees in supervisory or managerial positions.

    CUPA-HR will hold a webinar on this rulemaking and its potential impact on higher ed institutions on March 30, 2023 at 1:00 p.m. ET. Registration is required for participation, but free to all CUPA-HR members. To register, please visit the event’s web page.



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