1. CHANGES TO IMMIGRATION POLICIES & PRACTICES WHICH AFFECT CHILDREN, FAMILIES AND SCHOOLS
Lynette Parker,
Associate Clinical Professor of Law
Santa Clara University School of Law
Katharine and George Alexander Community Law Center
1030 The Alameda
San Jose, CA 95126

2. IMMIGRATION LAWS & REGULATIONS VERSUS EXECUTIVE ORDERS
Immigration laws and regulations:
Laws – passed by Congress (Immigration & Nationality Act – as amended by other laws)
Regulations – created by Department charged with enforcing the law (within 150 days) – usually requires public comment
Most immigration provisions are grounded in law or set out in regulations
Cannot be changed over night

3. EXECUTIVE ORDERS Directives by Executive Branch/President:
Where Department has exercise of discretion power – e.g. humanitarian parole
Prioritizing enforcement of laws
Statements of policy directions
May be challenged if they violate laws/Constitution

4. PRESENT ADMINISTRATION
Policy Statements through Executive Orders
Border issues – detention, wall, increased patrol
Internal issues – prioritize “everything” – less guidance on how administration is prioritizing immigration actions
Refugees/Arrivals from 6 Countries

5. MIXED MESSAGES MIXED MESSAGES IN POLICY STATEMENTS
DACA – Deferred Action for Childhood Arrivals
Prioritizing persons convicted of serious crimes, but unclear what crimes – does that include traffic violations, border violations, etc.
No clear direction – creates fear and confusion

6. INDIVIDUAL AGENT/OFFICER ACTIONS
Individual agents/officers have more leeway to act Some agents/officers working under existing laws/regulations/procedures Others feel entitled to be more proactive Leaves community uncertain

7. SANCTUARY – POLITICAL ENTITIES
City/Counties:
May have policies that city/county employees will not ask nor report immigration status of residents
Some jurisdictions also refuse to honor Immigration detainer requests
Note: some jurisdictions (e.g. Texas) have signed provisions stating that local law enforcement cannot be prohibited from reporting immigration status
Note: jurisdictions cannot require that law enforcement or agencies report immigration status (but many are forbidding prohibiting reporting)

8. HEIGHTEND CONCERNS
While not a change in immigration practices or the experience of immigrant communities, the rhetoric has put these issues front and center. Misinformation – especially on social media – increases fears and concerns Past 8 to 10 years were ones of hope and possibility – this abrupt change has been difficult to process (especially for the younger generations)

9. IMPACT ON CHILDREN AND FAMILIES
Uncertainty and Insecurity:
Fears of family separation
Fear of loss of income
Fears of accessing services – and coming to the attention of immigration (health, education, public benefits) – even if benefits are for US children – paperwork may have parents’ names
Concerns about driver’s licenses
Insecurity of working under the table – nonpayment of wages
Operating in survival mode

10. IMPACT ON CHILDREN AND FAMILIES
Health concerns for children
Possible less access to food – decreased income by parent(s), fear of accessing public benefits
Mental health concerns for children
Increase tensions in families – can lead to rise in domestic violence
Homelessness; residing with extended families

11. WHAT SCHOOLS CAN DO
Protect documents and classrooms – develop policies on how to handle ICE access to either (procedures on how to deal with warrants, etc.); know if school has legal counsel if needed Empower parents to develop plans – contingency plans for family, plans for supporting each other Informational meetings for parents –trainings/workshops (e.g. on Powers of Attorney), and dissemination of accurate news

12. WHAT SCHOOLS CAN DO
Mental health support for children Economic and health insecurity – be observant of impact on children – and address if possible Empower children – remind them of their rights and their power to make a difference/change

13. Thanks!!!
Questions?