ICE, Deportations & the State of DACA: What to Do if ICE Shows Up on Your Campus Tomorrow April 5, 2017 2:00 3:30 PM EST Follow on Twitter: #PaperClipTopic This presentation is copyrighted by PaperClip Communications 2017. This presentation may not be reproduced without permission from PaperClip Communications and its presenters. This presentation and all materials provided during the presentation may not be altered. This presentation is not intended as legal advice and should be considered general information only. The answers to legal questions generally hinge upon the specific facts and circumstances of an institution. Individuals with specific questions should contact their institution s legal counsel.
Panelist Dr. Grant L. Azdell Vice President for Student Affairs & Dean of Student Randolph-Macon College gazdell@rmc.edu The opinions expressed during today s event are not necessarily those of PaperClip Communications.
Panelist Naureen F. Hyder, Esq. Founding Attorney of Hyder Immigration Law, Full-Service Immigration Law Firm in Richmond, Va Extensive experience in field of immigration, naturalization and deportation/removal defense nfhyder@hyderimmigration.com The opinions expressed during today s event are not necessarily those of PaperClip Communications. 4
Who s in the Room? In which office/department do you work at your institution? Student Affairs International Education Risk Management General Counsel Campus Police/Security Other?
Let s Define the Problem Students are expressing more anxiety and fear regarding heightened immigration enforcement actions. Even DACA students with legal status are expressing fear, mostly because that status could be in jeopardy and may actually be allowed to lapse, making them easy targets for deportation. Administrators are being asked to reassure these students, while not having the facts.
Problem Continued Some colleges and universities have decided to make public stands against enforcement efforts, even going as far as declaring sanctuary status publicly. No school can protect students indefinitely or completely, despite these promises. In addition, the political and legal issues are quite real and can cause contentious fights on campus.
Let us first start with a real fact
What is DACA and who are they? Deferred Action for Childhood Arrivals (DACA) Obama Administration program for students who arrived in the US before they reached the age of 16. Not a law or regulation, but an executive order which can be revoked by executive order. Effects about 750,000-800,000 young people (many students)
DACA Continued Does not confer legal status or create a pathway to citizenship. Defers taking any action against these individuals effectively putting DACA recipients at the bottom of the deportation list. DACA reflects the USCIS exercise of its prosecutorial discretion to permit approved individuals to stay for two years at a time without fear of deportation. Those granted DACA status also may apply for a Social Security number and are eligible for two-year employment authorization documents.
DACA Status Qualifications Have been physically present with no lawful status in the United States on June 15, 2012; Have been under the age of 31 as of June 15, 2012; Have entered the United States before June 15, 2007 and before reaching their 16th birthday; Have continuously resided in the United States since June 15, 2007; Must currently be in school, or have graduated or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate, or have been honorably discharged from the Armed Forces of the U.S. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
Safe to Say There are DACA students on many of our campuses that fall into one of the following categories. Individuals who have been granted DACA status. Individuals who have DACA applications pending Other Individuals who are not eligible for DACA status and are undocumented.
Who is charged with enforcement? In 2003, the Immigration and Naturalization Service (INS) ceased to exist, and its functions were transferred to three new entities under the Department of Homeland Security (DHS): U.S. Citizenship and Immigration Services (USCIS); U.S. Immigration and Customs Enforcement (ICE); and U.S. Customs and Border Protection (CBP). ICE is largely responsible for enforcement of immigration laws within U.S. borders
Sensitive Locations Policy ICE s own Sensitive Locations Policy provides that enforcement actions should be avoided at sensitive locations, which are defined to include post-secondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools. These policies can be modified or rescinded at will by the new administration.
To date There have been no raids or movements to seek out undocumented or DACA students on college campuses. There have been students who have been detained and in some cases deported from other locations. Individuals have been targeted across the street from sensitive locations or caught up in road block operations in areas where more immigrants live.
Your students need a lawyer s number in their pocket. *Image courtesy of Stuart Miles at FreeDigitalPhotos.net
DHS Deportation Priorities The Department of Homeland Security has prioritized certain individuals for deportation. -Anyone convicted of a crime -Anyone charged with a crime (even if innocent) -Anyone who has committed an act which would constitute a criminal offense (even if not charged) -Anyone who engaged in fraud or misrepresentation in connection with any official matter before a government agency
DHS Deportation Priorities Cont -Anyone who has abused a program related to receipt of public benefits -Anyone who has been ordered removed from the US but has not left -Anyone who, in the judgment of an immigration officer, poses a risk to public safety or national security
What s Different from what the Obama Administration was doing? PENDULUM HAS SWUNG IN AT LEAST THREE WAYS: 1) Hiring of 10,000 new immigration (ICE) officers and 5,500 new CBP Officers (Despite call for federal hiring freeze) 2) DACA recipients have no special status if found to have broken the law. 3) More officer discretion to detain and deport individuals without hearing. *Image courtesy of iosphere at FreeDigitalPhotos.net
Triggering the Priority List In order to trigger the removal priority list, an individual must first be removable from the US. Those who qualify as removable include anyone who has violated status in any way. Students who drop below required course loads, or who work without authorization, or faculty/staff who fall out of status (even inadvertently) or overstay the end date on the I-94 record render themselves removable. In order to avoid being placed in removal proceedings, it is more important than ever to make sure that international students and faculty/staff maintain their legal status in the United States at all times.
Expedited Removal Changes The DHS has extended expedited removal proceedings nationwide, rather than just within 100 miles of a border. People who are unable to show evidence of lawful immigration status in the US can potentially face expedited removal from the US without a hearing. This makes it imperative that individuals carry proof of legal status with them at all time
Instruct Legal Immigrants to Carry ID s F-1 students should carry passports, I-20, printed copies of I-94, and EADs (where applicable) J-1 students should carry passports, DS-2019, and printed copies of I-94 Faculty/Staff using temporary visas should carry passports, I-797 approval notices, and printed copies of I-94 Permanent residents should carry their green cards
Sanctuary Campuses Based upon many cities that declared themselves Sanctuary Cities. Some Campuses have adopted this language. Some students have petitioned colleges and universities to adopt this position. Actually has no basis in law and no legal status within Federal Law. Even if local law enforcement do not actively assist federal agencies, there is nothing to stop those officers from seeking to detain, arrest or deport students. Naming status could just draw attention to the campus and the students who are most at risk of deportation.
30 Second Stretch We think your health is important. Please feel free to take a 30 second break to stretch and/or reflect before we continue.
This is still America
Due Process Clause of the 14 th Amendment Some people argue that Undocumented students have (by definition) broken the laws on legal immigration status, so why should they be protected? The Constitution guarantees certain rights for persons in the U.S., including those who are here illegally. Some of the current policies allow for deportation without hearing. This is being challenged in court as these individuals have rights.
Rights Individuals have rights, including the right to remain silent. If detained, there is no compulsion to answer the questions by an ICE or CBP officer. You also have the right to an attorney and to have that attorney present during questioning.
Considerations for Students Traveling Abroad - Students who have Visa s or DACA status could be trapped outside the U.S. if they travel out of the country. - A direct result of the Travel Bans has been the threat of retaliation against US citizens by other countries, casting a shadow on all international travel and study abroad programs. - There is no right to an attorney when seeking entry to the United States (at the border)
H1B Visas and Professors/Researchers It is NOT only students who can be affected. H1B Visas are granted to Specialty Workers who are highly skilled (including visiting professors). Removed expedited status called premium processing for applications which will create delays for schools.
Legal Services and Resources www.immigrationlawhelp.org www.nilc.org National Immigration Law Center
Providing Assistance Colleges may legally provide housing to students who are here on DACA status or on student VISA s who are fearful that if they leave the U.S., that they may not be able to re-enter the country.
Immigration Attorneys Immigration Law is a specialty area of the law that requires experience. Be careful of Notarios: Individuals who represent themselves as qualified to offer legal advice or services on immigration or other matters of law, who have no such qualification; routinely victimize members of immigration communities. Colleges and Universities may choose to help student connect with immigration attorneys before a problem occurs. Colleges could engage these attorneys directly or provide contact info.
Be Careful what you say publicly about your students. Don t draw attention to your school or state openly that you will protect your students (DACA, International, Undocumented).
A NOTE OF CAUTION A Warrant must be signed by a judge to be enforceable. -There is no such thing as Sanctuary Schools. - Protecting your students cannot and should not include hiding students from authorities.
- An international student or student on a VISA is arrested for any reason. - A DACA student is detained or arrested. - ICE or CBP show up on campus and start requesting information on your students. When do you call for help?
Next TRAIN and PREPARE Your Staff and Faculty should understand what their responsibilities are under the law. The College or University should also have ONE clearing house for ANY subpoena or warrant request from ICE or CBP.
The Rules DO Matter! Colleges and Universities MUST comply with the law. There are consequences for not following the law. Anything from loss of federal funding to criminal prosecution.
Other Considerations Counseling services may be called upon to help students who are fearful of deportation and anxious about their status. Faculty and Residence Life staff may see students who are having difficulties as a result of this stress. Administrators should temper the response of others on campus.
RECORDING KEEPING Most schools do not keep track of DACA or undocumented status of students. Those that do are inviting discovery by federal agents. FERPA will NOT apply. Admissions typically knows who these students are.
Fear creates opportunity for thief s Scam Targeting International Students Students called by fake caller ID number claiming to be FBI. Student told that they failed to pay an educational tax. Some students have paid out of fear of being deported. https://www.irs.gov/uac/tax-scams-consumeralerts
It is clear that the situation continues to shift 41
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5 Takeaways from Today: 1. Whether DACA, undocumented, or VISA expired, should be cautious and know how to protect themselves against the threat of deportation at all times. 2. Be careful to not draw too much attention to your school. Sanctuary Status is NOT a status at all under the law. 3. Understand the rights of ALL of your students and make sure they have representation ready. 4. Prepare to deal with ICE or CBP officials in case they do show up. 5. Your students (and others) may need psychological support. Most have only known the U.S. and have no affiliation with their country of origin.
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