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Immigration After the Election

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Resources on Trump Executive Orders
Resources for the Immigrant Community
Resources for Educators and Community Allies
Collaboration with State College Borough
Resources by Topic
Archived Post-Election Clinic Events

The 2016 presidential election is consequential and has instilled great concern and fear among immigrant communities. This page contains resources for immigrants and the broader community. (See the Centre Daily Times story on the resources available on this page.)

 

 

 


Resources on Trump Executive Orders

Executive Order: Protecting The Nation From Foreign Terrorist Entry To The United States (Muslim Ban 2.0), March 6, 2017.

ALERT (Updated JULY 19, 2017): On June 26, the Supreme Court granted a partial stay and also granted certiorari. Here is a short analysis. The scope of the partial stay is as follows: within 72 hours of the ruling, any person from the six designated countries or refugee who cannot show a “bona fide relationship to a person or entity” will be banned from entry. The Department of State indicated that the travel ban will go into effect at 8:00pm EDT on June 29, 2017.  Hours before the ban was to go into effect, the government issued guidance defining “bona fide relationship” narrowly. Litigation around “bona fide relationship” ensured in the Hawaii district court and Ninth Circuit Court of Appeals. On July 13, 2017, a Hawaii Court rejected the government’s definition of bona fide relationship and ruled that grandparents and other family members cannot be excluded from the definition. On July 18, 2017, the Department of State recognized the ruling by the HI court and issued an announcement to define “close familial relationship” more expansively. Meanwhile, the government filed papers in the Supreme Court with several requests and the plaintiffs in Hawaii filed a response on Tuesday, July 18. On July 19, the U.S. Supreme Court issued a ruling to maintain the expanded definition of family by the HI court but at the same time held back on extending formal assurance by and agency to be sufficient for refugees with no other connection.  

The certiorari grant means that the Supreme Court will hear arguments in the Fall Term which begins October 2017. Please visit this page for updates.

DHS Posts Executive Orders, FAQ's, and Fact Sheets (February 21, 2017).

Snapshot of DHS Memoranda and Fact Sheets Interpreting Executive Orders, prepared by the Center for Immigrants' Rights Clinic and the American-Arab Anti-Discrimination Committee, Feb. 24, 2017.

Executive Order: "Enhancing Public Safety in the Interior of the United States" (Interior Enforcement)
Spanish Translation
This Executive Order addresses immigration enforcement at the interior of the United States; lists new priorities for enforcement and removal; and seeks to penalize state and local jurisdictions who are defined as "sanctuaries," among other things.
*On April 25, 2017, U.S. District Judge William H. Orrick of California temporarily blocked section 9(a) of the Executive Order pertaining to “sanctuary jurisdictions” concluding that the section on its face is likely unconstitutional. Said the court “The Counties challenge the Executive Order as written; a decision to enforce it sparingly cannot impact whether it is unconstitutional on its face.” The ruling applies nationwide. The ruling does not affect the administration’s ability to “use lawful means to enforce existing conditions of federal grants or 8 U.S.C. 1373, nor does it restrict the Secretary from developing regulations or preparing guidance on designating a jurisdiction as a “sanctuary jurisdiction.”

Executive Order: "Border Security and Immigration Enforcement Improvements" (The Wall)
Spanish Translation
This Executive Order addresses the physical construction of a wall along the southern border; immigration enforcement and detention and removal at the border, among other things.

Executive Order: "Protecting the Nation from Terrorist Attacks by Foreign Nationals" (Refugee/Muslim Ban)
Spanish Translation
This Executive Order suspends the refugee resettlement program for 120 days; indefinitely suspends the admission of Syrian refugees; and suspends entry by non-citizens from Muslim- and Arab-majority countries for at least 90 days, among other things.

  • Alert: On February 9, 2017, the 9th U.S. Circuit Court of Appeals in San Francisco upheld the restraining order that prohibits the federal government from enforcing several sections of the January 27, 2017 Executive Order. This order applies nationwide. Please see our Questions and Answers document for more information.  

Additional U.S. Government Materials:

Resources from the Center for Immigrants' Rights Clinic and Other Organizations:

Statements on Executive Orders


Resources for the Immigrant Community

Immigration Law and Policy After the Executive Orders: Five Key Points
Five points to educate the community about immigration law and policy under the recent Executive Orders issued by President Trump. Written by Shova Sivaprasad Wadhia for Medium, March 25, 2017.

For the Community: Learn and Know Your Rights
All persons, including non-citizens, have rights. The Penn State Law Center for Immigrants' Rights Clinic has created this summary of rights based on location.

What Trump's Election Means for Your Immigration Status
We do not know what the new president will do on immigration, though we do know that he will likely make some changes to executive actions. This document includes information for immigrants and a list of legal resources and other forms of help. Este documento en español.

What All Immigrants Should Know Post-Election 2016
This website offers expert information on legal support, employment, DACA, deportation defense, and more. Site translations are available currently in Spanish, and soon in Korean.

Community Advisory: Social Media, Criminalization, and Immigration
Guidance regarding your social media accounts, and how information there could be used against a person to arrest, detain, deport, or stop immigration benefits.

Post-Election FAQ's
A full list of common questions and answers for the immigrant community regarding citizenship, "Muslim Registry", and much more.

Know Your Rights Refresher
As a reminder to immigrant communities, the NILC released a helpful guide that explains what individuals should do if they encounter law enforcement or Immigration and Customs Enforcement (ICE) officials.

Information on DACA by the National Immigration Law Center
Guidance from the NILC on how to apply for DACA, renew DACA, and other important information regarding DACA/DAPA.

Reporting Hate Crimes
Hate crimes can be reported online on the Southern Poverty Law Center website

Legal Services Providers and Referal List
A list of local and national attorneys providing immigration legal services.


Resources for Educators and Community Allies

Higher Education Resources

Penn State Update: Campus Climate
Up-to-date statements and resources regarding Penn State's position on immigration, changes in federal policy, and key issues impacting our community.

Penn State President Eric Barron's Statement in Support of DACA
"Penn State has an unwavering commitment to the education of all of our students. Signing this letter demonstrates our values of equal rights, access and freedom from discrimination, and we look to instill these beliefs in our students today, and for the future. Every Penn State student has earned the right to be here through their academic achievements and hard work, and is free to express their opinions with equal protection. Many DACA beneficiaries are outstanding contributors not only to our university but also to our country. These individuals have pursued opportunities in countless areas including business, education, technology, medical and legal, and continue to make a positive economic and social impact on our society. Penn State is a welcoming and inclusive university that strives to create an environment where everyone can teach, learn and live in safety and comfort."

Education Leaders Say: Protect DREAMers
Our nation's education leaders are standing together and calling on elected officials to protect law-abiding, productive students, graduates, and teachers and remove the threat of deportation.

American Council on Education Immigration Post-Election Q & A
Here you will find key information on DACA students, "Sanctuary campuses," and institutional or community assistance, as well as further resources. 

Immigration Law and Policy After the Election: Six Key Points
The current framework for immigration law has not changed and will remain intact until January 20, 2017. The content of future immigration proposals is uncertain, but there is a good reason to believe that immigrants will be the target of greater enforcement and scrutiny. This document contains six points to educate the community about immigration law and policy after the election. Este documento en español.

College Presidents Call for DACA Continuation
Several U.S. college and university presidents have signed on to a statement for the continuation of the DACA Program, as it has benefitted undocumented students. Penn State President Eric Barron is among the signatories.

K-12 Resources

Welcoming Schools Campaign Toolkit
A toolkit prepared for the Pennsylvania Immigration and Citizenship Coalition (PICC) by the Stephen and Sandra Sheller Center for Social Justice at Temple University Beasley School of Law (Sheller Center). 

Secretary Duncan and Attorney General Holder Issue Guidance for School Districts
This guidance is to ensure equal access for all children to public schools, regardless of immigration status.

Protecting Assets and Child Custody in the Face of Deportation
Manual from the Appleseed Network that outlines how to have a plan in advance to deal with financial and family issues in the face of deportation, arrest, etc.

Immigrant Students' Rights to Attend Public Schools
Explains the right of immigrant children to attend public school, based on the Plyler vs. Doe case.

'Your Child is Safe': Schools Address Deportation Fears Among Immigrant Families, Washington Post, March 19, 2017.

All Children Belong Here
A pledge from the Anti-Bias Education Exchange. Also available in Spanish.

10 Ways to Support Students Facing Immigration Crises
An essay explaining how faculty members and administrators can help immigrant students during this uncertain time.

Guidance for Schools Post-Election
As a trusted institution in immigrant families’ lives, schools can play a critical role in ensuring immigrant families have access to important information and resources. This document includes what schools can do to help, as well as other resources and information.

Recommendations for School Administrators, Educators, Counselors, and Undocumented Students
The My Undocumented Life blog has identified steps that schools and universities can take to support undocumented students. 


Collaboration with the State College Borough

The Center for Immigrants' Rights Clinic is continuing its collaboration with local government officials in an effort to inform the local community and help shape local policy regarding immigration after the presidential election.

Borough Council Passes Resolution in Collaboration with Clinic

Video of Borough Council ResolutionThe Borough of State College is officially an inclusive and welcoming place for immigrants and local residents regardless of their immigration status, thanks to a formal resolution that came out of a partnership with the Center for Immigrants’ Rights Clinic. The resolution—which was unanimously passed by the State College Borough Council on Jan. 9—was written in collaboration with Penn State Law professor and Immigrants’ Rights Clinic director Shoba Sivaprasad Wadhia. 

Click the image above to view video of the Borough Council passing the resolution (skip to 20:33/Chapter 4).

News Coverage of Resolution

More information on the clinic's work with the State College Borough can be found on the clinic's In Our Community webpage, including:


Resources by Topic

     Muslim Registry/NSEERS Program
     DACA/DAPA 
     Crimes and Immigration

Muslim Registry/NSEERS Program

There have been several press accounts about the new Administration’s plan to register certain nationalities or religions under a program known as NSEERS or the National Security Entry and Exit Registration System.

Importantly, the regulatory structure giving rise to NSEERS was dismantled on December 23, 2016 so any similar program would have to be created from scratch.

The NSEERS program was created in the wake of 9/11 and caused remarkable consequences because of the costs, ineffectiveness, and discriminatory nature of the program. Professor Wadhia and the clinic have studied the impact of the NSEERS program in the decade following 9/11 – some resources appear below. These resources will help shed light on the history and operation of the NSEERS program.

For the community: NSEERS or a similar program has not started at this time. If you have concerns or questions about how a registration program might affect you please contact the clinic at centerforimmigrantsr@pennstatelaw.psu.edu

We will continue to provide updates on this page. 

1. Professor Shoba Wadhia explains the end of NSEERS, the final rule that ended NSEERS, and the end of special registration.

2. Read the federal government's final rule on NSEERS, available through the Government Publishing Office.

3. Op-ed, The Hill: 9/11 Flashback and the Future of Immigration Policy

4. Penn State Law’s Center for Immigrants’ Rights and the American-Arab Anti-Discrimination Committee: NSEERS: The Consequences of America’s Efforts to Secure Its Borders

5. Penn State Law’s Center for Immigrants’ Rights and Rights Working Group:
The NSEERS Effect: A Decade of Racial Profiling, Fear, and Secrecy

6. Penn State Law Video: Changes to the NSEERS Program

7. Race Matters Blog: For years, the American-Arab Anti-Discrimination Committee and Penn State Law's Center for Immigrants' Rights maintained a blog chronicling legal changes and advocacy efforts to end the NSEERS program. This archive appears here.

8. Professor Wadhia for Medium: This article explains the history of NSEERS and provides additional resources regarding the program's past and potential future.

DACA/DAPA

Gutiérrez Warns Those with DACA or TPS to Prepare for the Worst
Rep. Luis V. Gutiérrez discusses his take-aways from meeting with the Secretary of Homeland Security.

New Questions and Answers About DACA Now that Trump is President
Information from the National Immigration Law Center regarding the future of DACA.

Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents
Released 6/15/17 by Dept. of Homeland Security John F. Kelly to rescind the memo that created DAPA.

The Birth and Death of Deferred Action and What the Future Holds
Article on Medium from Shoba Sivaprasad Wadhia on the outlook of DAPA.

Immigrant Legal Resource Center
The latest in DACA and DAPA, including post-election talking points and resources.

Defiance and Anxiety Among Undocumented Youth in Trump’s America
Article from The New Yorker about reaction from undocumented youth after Donald Trump's election.

Bridge Act to Support Dreamers
U.S. Senator Dick Durbin (D-IL) today spoke on the Senate floor about new bipartisan legislation to ensure that the young undocumented immigrants known as DREAMers remain shielded from deportation under a Trump Administration. Like Deferred Action for Childhood Arrivals (DACA), the Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act would provide temporary relief from deportation and work authorization to young undocumented immigrants who were brought to the United States as children.

2013 DACA Workshop Presentation
Slides outlining what DACA is and how it works from the Center for Immigrants' Right Clinic.

Crimes and Immigration

Guide to Representing Non-Citizen Criminal Defendants in Pennsylvania
This resource, revised October 2016, was developed by Marla I. Samora, Esq., and any questions regarding its content should be directed to her at:
Marla I. Samora, Esquire
Defender Association of Philadelphia
1441 Sansom Street
Philadelphia, PA 19102
(267) 765-6673
msamora@philadefender.org


Archived Post-Election Clinic Events

President Trump's Executive Orders on Immigration: Where We Have Been and What Lies Ahead

On Thursday, April 27, the Center gave a special CLE presentation about the main provisions in the executive orders, the litigation that has arisen in consequence of the "Travel Ban", and the practical concerns and problems with regard to the implementation of the Executive Orders. Resources from the event are below.

PowerPoint Presentation

Summary of Executive Order: Protecting the Nation From Foreign Terrorist Entry into the United States

Arab and Muslim Ban 2.0 Litigation Update

Immigrants' Legal Resource Center FAQ: Trump's Executive Order on Sanctuary Cities

 

The Trump Immigration Executive Orders: Impact on Arab and Muslim Communities

On Friday, April 14, the Center hosted an information session in the Apfelbaum Courtroom of the Lewis Katz Building regarding the impact of recent Executive Orders on Arab and Muslim Communities. Resources from the event below.

PowerPoint Presentation: The Trump Immigration Executive Orders: Impact on Arab and Muslim Communities 

Summary of Executive Order 'Protecting the Nation from Foreign Terrorist Entry into the United States,' or "Refugee/Muslim Ban 2.0", Penn State Law Center for Immigrants' Rights Clinic, March 6, 2017.

Arab and Muslim Ban 2.0 Litigation Update, Penn State Law Center for Immigrants' Rights Clinic and American-Arab Anti-Discrimination Commitee, March 16, 2017.

'The Trump Immigration Executive Orders: Impact on Arab and Muslim Communities' Recording

Immigration in a New Administration: What Educators Need to Know

On Wednesday, April 5, the Center for Immigrants' Rights Clinic and the Penn State Center for Education and Civil Rights co-hosted an event geared towards providing educators with information and resources. Please find handouts from the event below.

Table of Contents
Powerpoint Presentation: Final Slides & Slide Handouts
Know Your Rights, ACLU, Dec. 2016.
All Children Belong Here This is Our Promise to You: Anti-Bias Education Exchange, p. 34 (March/April 2017)
Immigration Law and Policy After the Executive Orders: Five Key Points, Shoba Sivaprasad Wadhia for Medium, April 1, 2017.
Fact Sheet: Information on the Rights of All Children to Enroll in School, U.S. Department of Justice: Civil Rights Division; and U.S. Department of Education: Office for Civil Rights & Office of the General Counsel, May 2014.
Education Week’s Blog: How Do Students Decide Whether to Discuss Their Immigration Status?, Corey Mitchell, Mar. 14, 2017.
List of Other Resources, compiled by the Penn State Center for Education and Civil Rights, April 2017.
For the Community: Learn and Know Your Rights, Penn State Law Center for Immigrants’ Rights Clinic, April 1, 2017.

Executive Orders on Immigration: Where Have We Been and What Lies Ahead?

On Feb. 24, the Center for Immigrants' Rights Clinic hosted a discussion and Q&A session regarding President Trump's recent Executive Orders on immigration.

Slides

Archived Video

 

 

Center for Immigrants' Rights Clinic Information Session on President Trump's Executive Orders

On February 3, the Center for Immigrants' Rights Clinic in partnership with the State College Borough held an information sessions on President Donald Trump's executive orders as they pertain to immigration and immigrants rights, which brought together more than 200 concerned community members. 

Community Dialogue Addressing Race, Immigration and Diversity Post-Election 
6:00 p.m., November 17, 2016 at 329 Innovation Boulevard, Suite 118

community dialogue was held at 6:00 p.m. on November 17, which brought together residents and members from our school district, law enforcement, local groups, and beyond. Messages and resources were shared to spark others to raise questions and identify concerns. 

 

Statewide Teach-In: Immigrants' Rights
4:30 - 7:30 p.m., January 12, 2017 at Penn State Law

A statewide teach-in regarding post-election immigration and immigrants' rights was held in the auditorium of the Lewis Katz Building, and was open to the public. It was also live-streamed to a cohort of students and scholars at Penn Law in Philadelphia. Speakers discussed immigration 101, sanctuary and asylum, constitutional rights of immigrants, and much more. Video and photos from the event are available below.

News Coverage of the Teach-In: