CHANGES TO IMMIGRATION POLICIES &
PRACTICES WHICH AFFECT CHILDREN,
FAMILIES AND SCHOOLS
Lynette Parker, [email protected]
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
408-288-7030
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
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
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
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
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
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)
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)
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
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
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
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
Thanks!!!
Questions?