Relevant Information for Undocumented Immigrants

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Source: Cecilia Torres 2017

Know Your Rights from ACLU Session

  • What if ICE comes on campus?
    • S&S has protocol, basically if they have a warrant signed by a JUDGE they must comply
    • ICE cannot step on private campus property? (dorms for sure, maybe classrooms)
  • If ICE agents are at your door?
    • Ask for further identification (Are they immigration agents or ICE?), and ask what they are here for
    • Ask if they have a warrant signed by a JUDGE, a warrant signed by another immigration agent is not enough!
    • If it is not signed by a judge you have the right to say “I do not consent to your entry”
    • If they force their way in then you can say ““I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
    • Do not provide any false documents, do not sign anything until you speak with a lawyer
    • Do not provide information about yourself or loved ones, DO NOT LIE

Judicial Warrant

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Administrative Warrant

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If you are stopped in your car...

  • If you’re the driver    
    • Must provide license and registration 
    • You have the right to remain silent and to refuse the search of your car
  • If you’re a passenger
    • Stay inside the car, no sudden moves
    • Provide correct name and address if asked
    • You do NOT have to provide identification 
    • You have the right to remain silent and the right to leave if you are not under arrest
    • Ask if you are free to go

Deferred Action for Childhood Arrivals (DACA)

  • Renewable permission to work and deferred action from deportation on a two-year basis
  • Several requirements:
    • Entered the US before the age of 16 and demonstrates continuous residence since June 15, 2007.
    • Were under the age of 31 on June 25, 2012
    • Have a high school diploma (or GED), attend school, or have been honorably discharged from the military
    • Have not convicted a felony or serious misdemeanors (or 3 or more misdemeanors)
  • Current DACA Status:
    • September 5, 2017: Announcement of repeal
    • March 5th was the original deadline to apply but the courts have refused to hear the case
    • Students on DACA are encouraged to renew DACA, but new applicants cannot apply
    • Dartmouth is offering funds to cover renewal fees - email CoFIRED, OVIS, or Student Affairs

Temporary Protected Status (TPS)

  • Temporary status given to eligible nationals of designated countries who are present in the United States.
  • Haiti, El Salvador, Syria, Nepal, Honduras, Yemen, Somalia, Sudan, Nicaragua; and South Sudan 
  • Requirements
    • Establish continuous residence in the US
    • Is not subject to criminal, security related, or other bars
    • Applied within a specific time period
  • January 2018 - US announced that El Salvador’s status would be discontinued in September 2019
  • Haiti’s status has also been terminated, and will be discontinued in July 2019 
  • How do conversations around DACA differ from those of TPS?

DREAM Act (Development, Relief, and Education for Alien Minors Act)

  • Originally proposed in 2001 but was not supported 
    • Would grant conditional residency for qualifying minors, which upon meeting further qualifications could lead to permanent residency
    • In order to achieve residency a minor would have to attend higher institution or serve in the military
    • Several Iterations of the DREAM Act have been attempted
    • In July 2011, the state of California passed the California DREAM Act, which gave undocumented college students access to private scholarships

Action at Dartmouth

  • CoFIRED’s Current Goals
    • $0 Student Contribution/No Loans
      • Without the work permits provided by DACA undocumented students cannot work
    • Alternative transportation
      • Border patrol has been spotted on Greyhound buses asking for documentation.
      • Multiple reports of checkpoints on interstate 89 and 91 in New Hampshire and Vermont since these highways fall within the 100 mile perimeter near an international border
    • Dean for Undocumented Students
      • Information and knowledge about undocumented issues are spread out and it is difficult to access that information