; or (D) has in effect a policy or practice that either prohibits, or in effect prevents, the Secretary of Homeland Security from gaining access to campuses or access to students (who are 17 years of age or older) on campuses, for purposes of Department of Homeland Security recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer. (2) Exceptions An institution of higher education shall not be considered a sanctuary campus for purposes of this section based solely on the institution having a policy under which its officials, with respect to an individual who comes forward as a victim or a witness to a criminal offense, will not— (A) send, receive, maintain, or exchange with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of the individual; or (B) comply with a request made by the Secretary of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 or 1357) to comply with a detainer for, or notify about the release of, the individual. (b) Determination by Secretary of Homeland Security Whenever the Secretary of Homeland Security makes a determination that an institution of higher education is a sanctuary campus, the Secretary— (1) shall transmit a notice of the determination to the Secretary of Education