Learn about ICE (Immigration and Customs Enforcement) presence in educational settings, DACA (Deferred Action for Childhood Arrivals), Dreamers, and the commitment of educational institutions to support all students. Understand the roles of different entities and the actions taken to create a welcoming environment for international and undocumented students.
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Presentation Transcript
ICE (Immigration and Custom Enforcement) at your Classroom Door YIKES!!! What do you do? Dolly M. Green, Ph.D. Interim Director, Human Resources
LEARNING OBJECTIVES Reaffirm YCCD s Resolutions 16-38 / 17-25 Identifying the Players/constituents ICE DACA Dreamers ICE at the door ! ! ! Response Action Steps Resources Questions & Answers
YCCD RESOLUTION 16-38 and17-25 Affirmation Therefore Be It Resolved that the Board of Trustees and the Yuba Community College District is committed to being and remaining a welcoming environment for all students, including international and undocumented students in accordance with law, regulation, and policy. Therefore Be It Resolved that the Board of Trustees and the Yuba Community College District urges Congress to take immediate action to resolve this matter with legislation to ensure a certain future for these students.
Who Are The Players? ? ? ICE (Immigration and Customs Enforcement) U.S. Immigration and Customs Enforcement (or ICE) is an American federal law enforcement agency under the United States Department of Homeland Security (DHS). ICE has two primary components: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). Headquartered in Washington, D.C., ICE is charged with the investigation and enforcement of over 400 federal statutes within the United States, and maintains attach s at major U.S. embassies overseas
Immigration & Customs Headquarters, Washington, DC What does the ICE do? Immigration and Customs Enforcement (ICE) is a component of the U.S. Department of Homeland Security (DHS), primarily responsible for enforcing federal immigration and customs laws. Its powers include investigating, apprehending, arresting, detaining, and removing aliens within the United States.
DACA vs DREAM DACA DREAM DACA was a compromise created by the Obama administration after Congress failed to pass the Development, Relief and Education for Alien Minors (DREAM) Act. DREAM would have offered those who came to the U.S. illegally as children the opportunity to potentially gain permanent legal residency. The act was first introduced in August 2001 by Sen. Orin Hatch, R-Utah, and Dick Durbin, D-Ill. It has resurfaced several times, always failing to get through Congress.
Who are the Players? ? ? DACA Deferred Action for Childhood Arrivals The Deferred Action for Childhood Arrivals (DACA) was an American immigration policy that allowed some individuals who entered the country as minors, and had either entered or remained in the country illegally, to receive a renewable two-year period of deferred action from deportation and to be eligible for a work ... On June 15, 2012, President Obama created a new policy calling for deferred action for certain undocumented young people who came to the U.S. as children. Applications under the program which is called Deferred Action for Childhood Arrivals ( DACA ) began on August 15, 2012.
What exactly is DACA? A program created in 2012 by President Obama through an executive order. The program allowed hundreds of thousands of young people who were brought to the United States illegally as children to remain in the country. Applicants could not have serious criminal histories, and must have arrived in the U.S. before 2007, when they were under the age of 16. DACA recipients can live and work legally in the U.S. for renewable two- year periods.
Who are the Players? ? ? DREAMERS Development, Relief and Education for Alien Minors (Dream) Act What is the DREAM ACT? The DREAM Act was a bill in Congress that would have granted legal status to certain undocumented immigrants who were brought to the United States as children and went to school here.
DREAMERS Who are the DREAMERS? Those protected under DACA are known as DREAMERS . Prior to the decision to rescind the program, 787,580 DREAMERS had been granted approval. DREAMERS must have been younger than 31 on 15 June 2012, when the program began, and undocumented , lacking legal immigration status. They must have arrived in the US before turning 16 and lived there continuously since June 2007. Most Dreamers are from Mexico, El Salvador, Guatemala and Honduras and the largest numbers live in California, Texas, Florida and New York. They range in age from 15 to 36, according to the White House.
DREAMERS The Daca program was a compromise devised by the Obama administration after Congress failed to pass the so-called Development, Relief and Education for Alien Minors (Dream) Act, which would have offered those who had arrived illegally as children the chance of permanent legal residency. The bipartisan act was introduced in 2001 and has repeatedly failed to pass. Why are they called DREAMERS?
A Dream Deferred . . . What happens to a dream deferred? Does it dry up like a raisin in the sun? Or fester like a sore-- And then run? Does it stink like rotten meat? Or crust and sugar over-- like a syrupy sweet? Maybe it just sags like a heavy load. Or does it explode? Langston Hughes
For Your Information ICE should issue a Notice of Inspection to an employer; this starts the clock on a three (3) day period of when ICE will want requested documents. This request should go to District administration. A best practice for the District is to officially designate District/campus official as the official contact person for ICE. Best practice for District Administration is to have all communications with ICE documented in writing and/or email. Best practice is for District Administration to have a law firm as a designated contact person. FERPA (Family Educational Rights Privacy Act) laws protect student information; no student information can be released unless there is a legal warrant, subpoena or written permission granted by the student.
ICE AT THE CLASSROOM DOOR ! ! ! WHAT SHOULD I DO? Action Plan Take a few minutes to advise students on what s going on. (Hint: Remain calm!!!) Contact College President/Vice President Office ASAP Contact Police Chief ASAP Cooperate with ICE personnel. Do not obstruct law enforcement actions. Politely ask ICE representative for identification and collect business card(s) Ask for a copy of warrant or signed consent authorizing them to obtain person(s) records or information. Be sure to document this information (i.e. take a photo of ID and badge number with cell phone camera (if possible) otherwise write down name, badge number, other pertinent information.) ASAP scan or email warrants, signed authorization to President s office.
ICE AT THE CLASSROOM DOOR ! ! ! WHAT SHOULD I DO? Encourage students to seek counseling for the fear, anxiety, stress or trauma they experienced as a result of the ICE visit. Action Plan (cont.) Remind the student(s) ICE is inquiring about their rights to remain silent, yet cooperate with ICE. Make sure all the students in class cooperate with ICE and that they do not obstruct justice. Once ICE leaves the class, be sure to debrief with students.
Questions & Answers 1) Does YCCD need to worry about FERPA? ANSWER: YES & NO FERPA requires that students information be confidential; however, the District is obligated to provide student information to an ICE agent upon their producing a legal court warrant, subpoena or authorized signature form from the student. NO FERPA does not apply to international students/scholars in F, M, or J status because the Patriot Act (8 USC 1372) overrides it, allowing the U.S. Department of Homeland Security (DHS) access to obtain from schools any information needed to carry out its student/exchange visitor information collections program. Students sign Form I-20 that authorizes their school, to release any and all information from my records which is needed by DHS pursuant to 8 CFR 214.3(g) to determine non-immigrant status.
Questions & Answers 2) What can one expect from an in-person visit from ICE? Answer: There may be one/two or more special agent officers who visit you. They must show identification and present the warrant/subpoena. 3) Am I allowed to inform the student? Answer: Typical lawyer answer is it depends . Some inquiries received from ICE (most if not all subpoenas) will specifically state that you cannot tell anyone about the request. There are other situations when nothing is mentioned one way or the other. Note, it can be perceived by ICE that informing the student of the inquiry, you are aiding in the potential flight of the individual or obstructing justice. Recommended best practice is to ask ICE if you can advise the student and/or faculty about the pending issue.
Questions & Answers 4) Will YCCD work with federal immigration agents to apprehend and remove a student from campus? Answer: No, the District is committed to supporting DACA/DREAM students. Jurisdiction over federal immigration enforcement laws rest with the federal government and not with YCCD. YCCD will cooperate with ICE and will not interfere with its enforcement action but the District will not assist ICE in the physical apprehension and/or removal of a student(s) from class or campus. 5) Can YCCD prevent federal immigration enforcement officers from coming on campus? Answer: No
Questions & Answers 6) Will federal immigration enforcement target YCCD colleges (Yuba/Woodland)? Answer: We don t know. It is hoped that ICE does not identify YCCD colleges (Yuba and Woodland) as a target for an ICE campus visit.
Questions & Answers 7) Can federal immigration enforcements officers enter houses, residence halls and apartments without consent from occupants? Answer: Individuals have reasonable expectations of privacy in their home. ICE does not have the authority to enter an individual s premise without the occupant s consent. It is noted that the individual need not respond to the ICE agent s statements or questions. Note that law enforcement officers with a criminal search or arrest warrant do not need consent to enter a premise or arrest the individual named on the warrant.
You Be The Judge ~ Scenario BIOL-10L, General Biology class meets on T-Th from 7:30-8:45 am at the Woodland campus. This is a 4 unit transferrable course to CSUS/UC. There are 24 students enrolled in the class. At 8:15 am during the Tuesday class, with all 24 students in the classroom, four (4) law enforcement officers (2 men / 2 women) enter the classroom in the middle of the faculty s lecture. The law enforcement officers all have a jackets with the ICE logo. One of the officers, a female walks to the front of the class and interrupts the faculty s lecture. The officer states that she is the team leader for ICE. The lead ICE officer advises that she, along with the team in the back of the classroom are from ICE and are here to take several students into custody. This interruption has created fear, anxiety and stress for all the students in the classroom. 1) What steps do you take to handle this situation? 2) What steps do you take after the ICE team has left the classroom? 3) What happens to the upcoming Thursday class?
Inspirational Thought The future belongs to those who believe in the beauty of their dreams. Eleanor Roosevelt
Test Your Knowledge Dirty Dozen (12) 1) What is YCCD s commitment to DACA/DREAMERS? 2) Who s ICE and what is their role? 3) Can a faculty/administrator/staff inform the student that ICE has made an inquiry? 4) Can YCCD faculty/administrator/staff refuse to comply with ICE inquiry? 5) Under what condition/circumstance can a student s confidential information be released to an ICE agent? 6) Name two (2) best practices for the District when dealing with ICE?
Test Your Knowledge Dirty Dozen (12) 7) What are 5 Action Plan steps to take if ICE shows up at the classroom? 8) Will YCCD work with federal immigration agents to apprehend and remove a student from campus? 9) What does DACA stand for? 10) What is the DREAM Act? 11) What happens to a Dream Deferred? 12) Fill in the blanks The _______ belongs to those who ______ in the beauty of their ______.
