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Immigration in the Time of Trump
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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.)
Please visit this page for updates.
Asylum Law and Policy
New Guidance to Immigration Judges and USCIS in Light of Grace v Whitaker, Executive Office for Immigration Review and Department of Homeland Security, January 10, 2019.
Amicus Brief by Immigration Law Scholars on Asylum Rule, Co-Counsel: Peter Margulies, Shoba Sivaprasad Wadhia, WilmerHale, December 5, 2018.
Joint Interim Rule on Asylum and Presidential Proclamation: What You Need to Know, Penn State Law Center for Immigrants’ Rights Clinic, November 23, 2018.
U.S. Southern Border Fact Sheet, Human Rights First, November 2018.
White House Asylum Proclamation Fact Sheet, The White House, November 8, 2018.
Joint Interim Final Rule Barring Entry and Asylum, U.S. Department of Homeland Security and U.S. Department of Justice, November 9, 2018.
DOJ and DHS Issue New Asylum Rule, U.S. Department of Justice, November 8, 2018.
Family Separation and Family Detention
Inside Family Detention: Notes on the Ground by Penn State Law Center for Immigrants Rights’ Clinic: From September 30 through October 4, the clinic served as advocates for families who are about to undergo their credible or reasonable fear interviews. This publication is a journal of their experiences at Berks. Press Release Event Video (October 12, 2018)
Information Session: The Travel Ban Decision and Family Separation (July 5, 2018)
On July 5, 2018, the Center for Immigrants’ Rights Clinic hosted an information session at University Park to inform the public about the current status of the travel ban and family separation policies. Follow the link for presentation slides from the event.
Executive Order on Family Detention: What You Need to Know (Updated June 20, 2018)
The Center for Immigrants’ Rights Clinic has released a factsheet on President Trump’s executive order to “maintain family unity, including by detaining families together,” while continuing to mandate prosecution against individuals who cross the border irregularly. This factsheet provides background information, answers to many questions the public might have regarding the policy, and links to additional resources.
Family Separation Policy: What You Need to Know (Updated June 20, 2018):
The Center for Immigrants’ Rights Clinic has released a factsheet on the Trump administration’s “zero tolerance” policy against those who irregularly cross the border, which has the result of separating families. This factsheet provides background information, answers to many questions the public might have regarding the policy, and links to additional resources.
Resources on DACA
DACA or Deferred Action for Childhood Arrivals was announced by former President Barack Obama on June 15, 2012, and implemented by then Secretary of Homeland Security Janet Napolitano. The policy has enabled people who came to the United States before the age of 16 to apply for “deferred action” (a form of prosecutorial discretion) and a work permit. The program has protected nearly 800,000 people in the United States. On September 5, 2017, AG Sessions announced that DACA would be rescinded. On January 9, the federal district court for the Northern District of California issued a nationwide injunction ordering the Department of Homeland Security to continue the DACA program ordering DHS to maintain DACA on the same terms that existed prior to its rescission on September 5, 2017 and to allow qualifying DACA recipients to apply to renew their applications. Click here to view the USCIS Response to the court ruling. On November 8, 2018, the Ninth Circuit Court of Appeals upheld the California injunction after concluding that DACA is a lawful exercise of discretion and that the administration decision to end DACA was a mistake of law. On February 13, a second court in New York issued a nationwide injunction similar to the one issued by the California court. On April 24, 2018, a third court in D.C. issued another order prohibiting DHS from moving forward with the rescission. The state of Texas and six other states filed a lawsuit in a federal district court challenging the legality of DACA. On August 31, 2018, Judge Andrew Hanen denied Texas and the plaintiff-states a preliminary injunction, concluding that preserving the status quo was preferable to blocking DACA, among other points. This means that there are no competing nationwide injunctions. As of January 22, 2019, the Supreme Court took no action about whether to hear arguments surrounding the legality of DACA. This means that the injunctions remain in place and the DACA renewals will continue to be accepted. (Updated 1/22/19)
New DACA Resources from the Clinic, Professor Wadhia, or Penn State
Litigation on DACA: What We Know
Penn State Law Center for Immigrants’ Rights Clinic, updated January 23, 2019.
Status of DACA: September 2018 (infographic)
This document from Penn State Law Center for Immigrants’ Rights Clinic includes updated information on DACA status.
Legal Referrals: DACA Holders
Penn State Law Center for Immigrants Rights Clinic, February 1, 2018.
DACA Workshop Presentation, Penn State Law Center for Immigrants’ Rights Clinic, January 28, 2018.
Response from USCIS Following the Court Decision to Restore DACA
Penn State Law Center for Immigrants’ Rights Clinic, January 14, 2018.
The Future of DACA: What Lies Ahead PowerPoint
Penn State Law Center for Immigrants’ Rights Clinic, September 20, 2017.
DACA Rescission 2017: What We Know Infographic
Penn State Law Center for Immigrants’ Rights Clinic, September 21, 2017.
DACA: What Lies Ahead – Facebook Live Video
Penn State Law Center for Immigrants’ Rights Clinic, September 20, 2017.
2017 DACA Rescission Announcement: What It Means
U.S. Citizenship and Immigration Services, September 14, 2017.
Making Sense of Uncertainty: What DACA Recipients Need to Know
Shoba Sivaprasad Wadhia on The Takeaway, WNYC, September 6, 2017.
Facebook Live: DACA Announcement: What We Know
Shoba Sivaprasad Wadhia, September 5, 2017.
ACSBlog: Trump Rescinds DACA
Shoba Sivaprasad Wadhia and Lorella Praeli, September 5, 2017.
Dear Mr. President: Defend DACA
Shoba Sivaprasad Wadhia for Medium, September 2, 2017.
2013 DACA Workshop Presentation
Center for Immigrants’ Right Clinic, March 21, 2013.
Advisories and Tools from Other Organizations
Annotated DACA Application Packet, Immigrant Legal Resource Center, March 25, 2019.
2018 National DACA Survey, Center for American Progress, August 15, 2018
DACA Renewals Update, United We Dream, August 8, 2018
Practice Advisory: Immigration Relief for DACA Recipients Based on Fear of Return
University of California Hastings College of the Law Center for Gender & Refugee Studies, February 2018.
USCIS Statement on Preliminary Injunction
U.S. Citizenship and Immigration Services, January 13, 2018.
National Press Club Forum on Higher Education and Immigration
Cisneros Hispanic Leadership Institute, November 14, 2017. Includes perspectives from several university and college presidents.
About DACA and Employment
National Immigration Law Center, September 7, 2017.
FAQs on DACA Termination
National Immigration Law Center, September 5, 2017.
About DACA and Employment
United We Dream, National Immigration Law Center, and Advancing Justice, September 5, 2017.
DACA Update: Five Things You Should Know
Fact sheet from the National Immigration Law Center and United We Dream, August 2017.
Judge Hanen’s ruling on State of Texas v. United States
U.S. District Court for the Southern District of Texas, Brownsville Division, August 31, 2018.
D.C. Court Rejects DHS Explanation for Ending DACA
U.S. District Court for the District of Columbia, August 3, 2018.
Memorandum on Rescission of DACA
Department of Homeland Security, September 5, 2017.
DHS Press Release
Rescission of Deferred Action for Childhood Arrivals, Department of Homeland Security, September 5, 2017.
Resources on 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.
Temporary Protected Status/Deferred Enforced Departure
Temporary Protected Status or TPS refers to a status certain nationals may receive when their home countries face ongoing conflict, natural disaster or other extraordinary conditions. TPS was created by Congress in 1990 and codified in Section 244 of the Immigration and Nationality Act.
Currently, more than 300,000 TPS holders live in the United States, with the largest share coming from El Salvador. During the Trump administration, DHS has ended TPS for the following nationals from the following countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan and in doing so has triggered great uncertainty for thousands of individuals and their families. DHS has also extended (but chosen not to re-designate) TPS for nationals from the following countries: Somalia, Syria, and Yemen.
Many individuals with TPS have lived in the United States for more than a decade and during this time have built families and worked in essential industries. (Updated July 20, 2018).
Below are some resources on TPS:
Deferred Enforced Departure for Liberians : What We Know , Penn State Law Center for Immigrants’ Rights Clinic, March 29, 2019.
Announcements and Updates on TPS
United States Citizenship and Immigration Services (Updated July 20, 2018).
Temporary Protected Status Fact Sheet
American Immigration Council, August 24, 2017.
Temporary Protected Status for Salvadorans: What We Know
Penn State Law Center for Immigrants’ Rights Clinic, January 10, 2018.
Travel Ban 3.0
On September 24, 2017 President Trump released a Presidential Proclamation that extended indefinitely the ban on several countries and imposed additional restrictions on other countries.The Proclamation (Travel Ban 3.0) bans all immigrants from Iran, Libya, North Korea, Somalia, Syria, Yemen as well as select visitors from these countries as well as Venezuela.
The Latest News on Travel Ban 3.0
Travel Ban 3.0 at the Supreme Court (updated July 2, 2018)
On June 26, 2018, the Supreme Court of the United States issued an opinion in the case of Trump v. Hawaii. (Travel Ban 3.0). In a 5-4 decision, the Court determined that the travel ban does not violate the constitution or the Immigration and Nationality Act (INA).
Applying for a Waiver Pursuant to Presidential Proclamation 9645 (Travel Ban 3.0), American Immigration Lawyers Association, Middle East Interest Group, November, 2018.
More News & Resources on Travel Ban 3.0
- ACSBlog: Trump’s Travel Ban Two Years Later, Shoba Sivaprasad Wadhia, January 30, 2019.
- ‘SHAMEFUL ruling against the very spirit of America’: Pa. reacts to travel ban ruling, York Daily Record, June 26, 2018
- SCOTUSblog Symposium: Reflections on the travel ban decision, Shoba Sivaprasad Wadhia, June 26, 2018
- Travel Ban 3.0 at the Supreme Court, Center for Immigrants’ Rights Clinic, June 26, 2018.
- SCOTUS Blog Round-up, Edith Roberts, April 30, 2018.
- Meditation on Oral Arguments in the Travel Ban Case, Shoba Sivaprasad Wadhia for the American Constitution Society Blog, April 27, 2018.
- 10 key takeaways from the Supreme Court arguments on Trump’s travel ban, PBS.org, April 25, 2018.
- Trump v. Hawaii Argument Transcript and Audio, April 25, 2018.
- Facebook Live: Post-Argument Summary, Shoba Sivaprasad Wadhia, Abed Ayoub, and Sirine Shebaya, April 25, 2018.
- As Supreme Court hears travel ban, questions of presidential authority also on docket, The Christian Science Monitor, April 25, 2018.
- Facebook Live: Countdown to Oral Arguments in the Travel Ban, Shoba Sivaprasad Wadhia, Abed Ayoub, and Sirine Shebaya, April 24, 2018.
- What to watch for when the Supreme Court hears arguments on the president’s travel ban, Southern California Public Radio, April 14, 2018.
- Trump’s Travel Ban Comes Before Supreme Supreme Court in Test of Presidential Power, Bloomberg News, April 23, 2018.
- AUDIO: The Travel Ban at the Supreme Court: A Briefing on Trump v. Hawaii, American Constitution Society, April 19, 2018.
- Travel Ban 3.0 at the Supreme Court: Oral Argument Preview, Penn State Law Center for Immigrants’ Rights Clinic, April 11, 2018.
- Chad has Met Baseline Security Requirements, Travel Restrictions to be Removed, U.S. Department of Homeland Security, April 10, 2018.
- Brief for Amici Curiae Scholars of Immigration Law in Support of Respondents on the History of the Immigration and Nationality Act, Gifford, Margulies, Schoenfeld, Unger, and Wadhia, March 31, 2018.
- How the Travel Ban Resurrects National Origin Quotas Congress Sought to End,Margulies and Wadhia, March 30, 2018.
- A View from the Ground: Stories of Families Separated by the Presidential Proclamation,Asian Americans Advancing Justice Asian Law Caucus, Center for Constitutional Rights, Muslim Advocates, and the Penn State Law Center for Immigrants’ Rights Clinic, February 20, 2018.
- Travel Ban 3.0: Litigation Update,Penn State Law Center for Immigrants’ Rights Clinic, April 4, 2018.
- VIDEO: Symposium on Trump’s Executive Orders on Immigration, Washington & Lee University School of Law, February 20, 2018.
- Ban 3.0 at the Supreme Court: What You Need to Know, Shoba Sivaprasad Wadhia, February 15, 2018.
- Twitter Thread: Fourth Circuit Decision on Travel Ban 3.0, Shoba Sivaprasad Wadhia, February 15, 2018.
- Fourth Circuit Court of Appeals Decision, United States Court of Appeals for the Fourth Circuit, February 15, 2018.
- Facebook Live Video: Supreme Court Issues Orders on Ban 3.0: What You Need To Know, Shoba Sivaprasad Wadhia, December 14, 2017.
- Flow Chart: What Happens Next to Trump’s Travel Ban? Quartz, December 8, 2017
- Twitter Thread: Oral Arguments at the 4th Circuit, Shoba Sivaprasad Wadhia, December 8, 2017.
- Twitter Thread: Oral Arguments at the 9th Circuit, Shoba Sivaprasad Wadhia, December 6, 2017.
- SCOTUS Greenlights Full Enforcement of Travel Ban Amid Legal Challenges, Wisconsin Public Radio, December 5, 2017.
- Penn State Statement on Supreme Court Order on Trump Travel Ban, Penn State News, December 5, 2017.
- NPR Show on Travel Ban, National Public Radio, November 17, 2017.
- Links to Latest EO and Memorandum Information Twitter Thread, Shoba Sivaprasad Wadhia, October 25, 2017.
- Trump Targets 11 Nations in Refugee Order, Politico, October 24, 2017.
- Executive Order: Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities, October 24, 2017.
- Memorandum on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities, Department of State and Department of Homeland Security, October 23, 2017.
- ‘Travel Ban 3.0 Blocked by a Nationwide TRO’ Twitter Thread, Shoba Sivaprasad Wadhia, October 17, 2017.
- Town Hall on the Travel Ban PowerPoint Presentation, Penn State Law Center for Immigrants’ Rights Clinic, September 29, 2017.
- Town Hall on the Travel Ban Facebook Live Video, Penn State Law Center for Immigrants’ Rights Clinic, September 29, 2017.
- Presidential Proclamations: Questions and Answers, Penn State Law Center for Immigrants’ Rights, September 29, 2017.
- Presidential Proclamation Summary,Penn State Law Center for Immigrants’ Rights, September 27, 2017.
- Trump’s Newest Travel Restrictions: Summary and Analysis, Maggio Kattar, September 26, 2017.
- Untangling the Waiver Scheme in Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, Shoba Sivaprasad Wadhia, September 26, 2017.
- Presidential Proclamation on Visas Announcement, U.S. Department of State, September 24, 2017.
- Trump Administration Issues New, Indefinite Travel Restrictions, Wisconsin Public Radio, NPR, September 25, 2017.
- Fact Sheet, prepared by Muslim Advocates and the American-Arab Anti-Discrimination Committee with input from Shoba Sivaprasad Wadhia of the Center for Immigrants’ Rights Clinic, September 25, 2017.
- Prohibición de Viajes 3.0-Hoja de Datos, Penn State Law Center for Immigrants’ Rights Clinic, el 26 de Septiembre, 2017. (Also available in Arabic & Farsi.)
- President Donald J. Trump Strengthens Security Standards for Traveling to America, The White House Office of the Press Secretary, September 24, 2017.
- Press Release: Donald J. Trump Announces Enhanced National Security Measures, The White House Office of the Press Secretary, September 24, 2017.
- FAQ: Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United State by Terrorists or Other Public-Safety Threats, The White House Office of the Press Secretary, September 24, 2017.
- Fact Sheet: Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, The White House Office of the Press Secretary, September 24, 2017.
Resources on Executive Orders on Immigration Enforcement
Executive Order: “Enhancing Public Safety in the Interior of the United States” (Interior Enforcement)
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.”
- Summary prepared by the Penn State Law Center for Immigrants’ Rights Clinic, Jan. 27, 2017.
- Summary prepared by the National Immigration Project, Jan. 26, 2017.
- FAQ on interior enforcement and enforcement priorities, Immigrant Justice Network, Jan. 27, 2017.
- Memorandum: Enforcement of the Immigration Laws to Serve the National Interest, Department of Homeland Security, Feb. 20, 2017.
- Summary of Feb. 17, 2017 DHS Interior Enforcement Memo, AILA, Feb. 21, 2017.
- Snapshot of the DHS FAQs on Border & Interior Enforcement, Penn State Law Center for Immigrants’ Rights Clinic, Feb. 21, 2017.
- Supplemental Community Advisory: DHS Implementation Memoranda and Fact Sheets, Paromita Shah and Julie Mao, March 7, 2017.
- Summary: The Lawsuits Against Trump’s Order to Defund Sanctuary Cities, Immigrant Legal Resource Center, April 26, 2017.
- Fact Sheet on Sanctuary Policies and 8 USC 1373, Immigrant Legal Resource Center, Feb. 13, 2017.
- Law Professor Letter to President Trump Regarding Constitutionality of Executive Order on Sanctuary Cities, Immigrant Legal Resource Center, March 9, 2017.
Executive Order: “Border Security and Immigration Enforcement Improvements” (The Wall)
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.
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.
Statements on Executive Orders
Resources for the Immigrant Community
Provides knowledge and resources for undocumented immigrants.
Legal Services Providers and Referral List
Compiled by the Penn State Law Center for Immigrants’ Rights Clinic, February 9, 2017.
Immigration Law and Policy After the Election: 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, September 6, 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. Updated January 28, 2018.
For the Community: Learn and Know Your Rights (Korean version)
For the Community: Learn and Know Your Rights (Spanish version)
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.
A full list of common questions and answers for the immigrant community.
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
Family Separation Policy: What You Need to Know
Factsheet from the Center for Immigrants’ Rights Clinic on the Trump administration’s “zero tolerance” policy against those who irregularly cross the border, which has the result of separating families. June 20, 2018.
Immigration Basics: Key Players and Terms
Fundamental information regarding immigration law basics, compiled by the Penn State Law Center for Immigrants’ Rights Clinic, October 1, 2017.
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.
Welcoming Refugees K-12 Toolkit
How to build welcoming schools, prepared for Welcoming America.
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.
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.
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