From the “Dreamers, Ducks, and DACA Info-Session,” drawn from the presentation by Ellen McWhirter, Ann Swindells Professor in Counseling Psychology, on Feb. 28, 2017
- U.S. Citizenship: Obtained by birth or by naturalization (legal process). Some in the U.S. are currently arguing to do away with “birthright” citizenship.
- Legal Permanent Resident (LPR): Obtained through family, employment, refugee, VAWA, or asylum status. You can live and work in the United States, travel, and be protected by all laws of the United States. LPR status is granted for 10 years; it is renewable and LPRs can apply for citizenship after continuous residence in the United States for 5 years. A LPR holds a “greencard.”
- H1B visa: non-immigrant employment-based visa. Temporary.
- Student visa: an “F-1” visa that permits international students to study in the U.S. (usually valid for 5 yrs. or the duration of their studies). F-1 students may not work off campus their 1st year; after that, they may hold limited types of employment. Must be full-time student, in a course of studies that culminates in a degree or certificate.
- OPT program: “Optional Practical Training”: permits F-1 holders to work in employment” directly related to major area of study” during education or immediately afterward. Time limited.
- Asylum: Status is granted to applicants already residing in the United States who can prove they have suffered persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Those with asylum can work lawfully, travel, and adjust status to LPR after one year of having asylum status.
- Temporary Protected Status (TPS): Individuals from TPS-designated countries can apply for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, when the country is unable to handle the return of its nationals adequately. TPS allows people to apply for employment authorization during the time they hold TPS. TPS is not a legal status and therefore they cannot adjust status to lawful legal residence (with few exceptions), nor can they travel internationally. Source: https://www.uscis.gov
Development, Relief and Education for Alien Minors (DREAM Act): Would have allowed eligible undocumented youth a 6 year conditional path to citizenship, requiring completion of a college degree or two years of military service.
When the DREAM Act did not pass in Congress, President Obama announced in 2012 the Deferred Action for Childhood Arrivals program (DACA), protects eligible applicants from deportation and grants work authorization for 2 years (SSN#). Some prefer the term “DACA-mented.”
- Undocumented: Status referring to foreign-born people withoutlegal permission to be in country; may have entered country legally (but visa/permit has since expired), may have entered country without legal documents. Human beings are not “illegal.”
- Bridge Act: If DACA is repealed, there is a proposal in Congress to extend DACA for those already covered under the program; it is uncertain whether this legislation would pass.
- Mixed status families: families where family members have different immigration status. For example, parents may be undocumented, one child may have DACA, younger children may be U.S. citizens.
- Undocu-ally: people who have “legal status” (eg: US citizens) but who verbally and in actions take a stance of solidarity with the undocumented community.
- Undocu-friendly: This term is used to refer to schools that have systems and practices in place that work with and for undocumented students.
Oregon Undocumented & Mixed Status Family Students
116,000 unauthorized immigrants in Oregon in 2014
- 82% Mexico & Central America
- 10% Asia
- 4% Europe/Canada/Oceania
- 65% have lived in the U.S. for 10 years or more
- 7.5% of Oregon children have at least one parent who is undocumented
- 78.7% of Oregon children of undocumented parents are U.S. citizens
- In 2016: 19,707 DACA requests in Oregon
Tuition Equity in Oregon
Tuition Equity= in-state tuition at public universities for undocumented students (exists in 18 US states; AB 540 in CA)
- Oregon HB 2787, passed in 2013, grants tuition equity
- Eligible students pay same rates as Oregon residents: in-state tuition
- Eligible students who are not citizens or LPR
- Eligibility criteria: attended school in US for 5 years or more,
- attended Oregon high school for 3 years or more, graduated from Oregon high school within 3 years before initial enrollment at the UO.
- Show intent to become U.S. citizen or LPR.
Creating an “Undocufriendly” Campus
- Listen and learn
- Be empathetic
- Publicly endorse undocumented students
- Train faculty and staff about undocumented students
- Provide equity of treatment
- Respect undocumented students’ privacy
- Provide SAFE ZONES for undocumented students
- Provide information
- Provide financial aid support
- Provide counseling
UO Administration Stance
- “We want to be very clear that we support all UO students, regardless of immigration status,” President Schill and Provost Coltrane.
- “While it is too soon to speculate on what may happen in the future, the University of Oregon remains committed to DACA and providing an inclusive campus that values global citizenship and engagement”
- The UO will not “facilitate immigration enforcement” on campus without proof the individual is an “imminent risk” to the health or safety of others.
- UO also said it would not share immigration status information with the federal government unless “required by court order.”
Resources at the UO
These websites provide information about:
- Counseling support, mental health concerns, stress
- Financial Aid, Legal Counsel, Legislative updates
- What to do if you experience or observe bias, discrimination
For more information: Contact: Jane Irungu, PhD, Assistant Vice President of Student Engagement, firstname.lastname@example.org, Phone: 541-346-4464
Resources outside of the UO
- Educators for Fair Consideration: http://www.e4fc.org/whatcaneducatorsdo.html
- American Civil Liberties Union: https://www.aclu.org/
- CAUSA: Oregon’s immigrant rights organization: http://causaoregon.org/
- Immigration Policy Center of the American Immigration Council: http://www.immigrationpolicy.org/
- Mexican American Legal Defense Education Fund: www.maldef.org
- National Immigration Law Center: www.nilc.org
- Pew Hispanic Center: www.pewhispanic.org
- United We Dream: www.unitedwedream.org
Relevant Oregon Laws
- OR 181A.820 (2015) limits state and local law enforcement from participating in federal
- immigration enforcement activities if there is no criminal activity.
- Prevents “deputizing” local law enforcement under 287(g) for the purposes of federal enforcement.
- Unclear the extent to which Oregon’s “sanctuary” status will be upheld under current Administration.