Post election considerations and resources for undocumented Marquette Students.

What do I need to know now that the DACA program is coming to an end?

On September 5, 2017, it was announced that the administration is phasing out the Deferred Action for Childhood Arrivals (DACA) program. There are important implications for students who have benefited from this program:

DACA Applications and Renewals

  • Effectively immediately, no new initial DACA applications will be accepted or considered.
  • If you are already a DACA recipient and your DACA work permit expires before March 5, 2018, the Department of Homeland Security (DHS) must receive your renewal application before October 5, 2017.
  • If you are a DACA recipient and your DACA work permit expires after March 5, 2018, you will not be able to apply for renewal.
  • In all cases, it is recommended that you consult with an attorney to discuss your options. See this list of legal resources.

Work Rights

  • You have the right to work legally and your employer does not have the right to terminate your employment or change your work status until after your work permit expires.
  • Your employer cannot ask you whether you are a DACA recipient or how you acquired a work permit.
  • If your work permit is scheduled to expire soon, your employer may ask you for an updated work permit but cannot take any action against you until after it is expired.
  • For more information about your rights as an employee see this advisory (https://www.nilc.org/issues/daca/daca-and-workplace-rights/) by the National Immigration Law Center.

Advance Parole

  • As of September 5, 2017, no new advance parole applications will be granted even if your DACA is still valid.
  • If you are outside the country with advance parole, it is recommended that you return immediately. While DHS has stated that it will generally honor previously granted advance paroles, it does have the power to revoke them.
  • If you have been granted advance parole under DACA but have not yet left the United States, it is recommended that you consult with an attorney regarding the potential risks of leaving the country.

The Immigrant Legal Resource Center has also put together a guide with additional information and considerations for the rescission of DACA.

Latest Immigration Policy Updates

Recently, John Kelly, the Secretary of the Department of Homeland Security (DHS), posted two memorandums on the official DHS website detailing changes in the way that immigration policy will be enforced.

One, entitled Enforcement of the Immigration Laws to Serve the National Interest, deals primarily with immigration law enforcement priorities in the interior of the U.S. In this memo, the Secretary directs federal agencies to ramp up enforcement efforts by hiring additional agents and officers; expanding 287(g) agreements, which deputize local law enforcement agencies as arms of the federal government; and broadening the definition of a “criminal alien”, thereby widening the range of immediately deportable offenses. It also explicitly states that the Deferred Action for Childhood Arrivals (DACA) program will remain in effect for the time being.

The other memorandum, entitled Implementing the President's Border Security and Immigration Enforcement Improvements Policies outlines new policies for immigration law enforcement at our nation’s borders. Some of the provisions include: expediting the removal of unauthorized immigrants apprehended at the border, directing U.S. Customs and Border Protection (CBP) to hire additional agents and officers, and paving the way for border wall construction.

Immigration issues and policies may evolve rapidly. Educators for Fair Consideration provides additional resources and continuously updates their post election considerations page.

Confidentiality

FERPA is a federal law that protects the privacy of student information. Information regarding a student’s undocumented status that is revealed during the admissions or financial aid process cannot be disclosed to a third party—including ICE or any federal agency—unless the student provides consent or the school is compelled to do so by a judicial order or subpoena.

Schools may, however, disclose “directory information” without a student’s consent. Marquette students who wish not to have their information included in the directory can contact the Registrar

The legal limits of ICE enforcement on college campuses

In 2011, Immigration and Customs Enforcement (ICE) issued a Sensitive Locations memorandum declaring that, under normal circumstances, the agency would not engage in immigration enforcement actions at schools, hospitals, places of worship, and public demonstrations. While this policy was still in effect at the time this website was created, it could be withdrawn or amended by the new administration at any time.

If a federal agency were to engage in immigration enforcement action on a university campus, it would need a warrant to enter certain areas. Students in dormitories enjoy Fourth Amendment privacy protections in the same way that citizens in private homes do, and therefore, immigration agents cannot enter a dorm room without a warrant signed by a federal judge. But immigration enforcement agencies can enter any space that is open to the public without a warrant.

Marquette’s official position on undocumented individuals

In February of 2017, Marquette outlined its official position and available resources regarding undocumented individuals in this message from Provost Myers and Dr. Cole.

Create an emergency plan

The Immigrant Legal Resource Center has put together these recommendations for undocumented immigrants around seeking legal counsel, making a family preparedness plan, understanding which documents you should and should not carry on you, and your rights in case you are approached by ICE.