What Educators Need to Know About Immigration Law

Contents

Introduction 1

PART I: IMMIGRATION STATUS AS A LEGAL CONSTRUCT 7

1.  Citizenship and Lawful Permanent Residence 13
Three Paths to Citizenship 13
Lawful Permanent Residence 15
Conclusion and Teacher Takeaway: A Clearer Understanding of Citizenship and Lawful Permanent Residence 18

2.  Non-Permanent Status 19
Lawful Nonimmigrants 20
Refugees and Asylees 23
Undocumented Immigrants 31
Deferred Action for Childhood Arrivals (DACA) 35
Temporary Protected Status (TPS) 39
A Note on Jurisdiction 40
Compact of Free Association 40
Seeking Legal Advice 41
Conclusion and Teacher Takeaway: The Value of Understanding Status 42
Part I Epilogue: Scenarios Revisited 44

PART II: STATUS AND LIMITS 45

3.  Limits on Activity 47
Participation in the Public Square 47
Movement Within and In and Out of the United States 47

4.  Benefits and Their Limitations 49
Federal Benefits 50
State Benefits 52
Benefits for School-Age Children 52
Student Financial Aid 53

5.  The Immigration Consequences of Noncitizens’ Criminal Activity 56
Crimes That Can Lead to Removal 56
Conclusion and Teacher Takeaway: The Value of Understanding Limits to Status 58
Part II Epilogue: Scenarios Revisited 59

PART III: NONCITIZENS AND CIVIL RIGHTS 61

6.  The Powers of Immigration Officers 63
Extending the Reach of DHS 64

7.  Know Your Rights 68
Individual Rights 68
ICE and Schools 69
Conclusion and Teacher Takeaway: The Value of Understanding Noncitizens and Civil Rights 69
Part III Epilogue: Scenario Revisited 70

PART IV: HOW WE GOT HERE 71

8.  Immigration Law and Plenary Power 73
The Supreme Court and Clarification of Jurisdiction over Immigration Law 74

9.  The Hart-Celler Act and the Rise of Anti-Immigrant Sentiment in the 21st Century 78
Enhanced Border Security Under Trump 80
Enhanced Interior Enforcement Under Trump 81
Conclusion and Teacher Takeaway: Anti-Immigrant Feelings and a Growing Immigrant Population 84

PART V: RESOURCES AND ADVOCACY 87

10.  Agencies and Organizations 89
Get to Know Your Refugee Resettlement Agencies 89
After Resettlement 90
Public Assistance 91
Student Financial Aid 91
Mutual Assistance Associations 92
Immigration Services 92
Domestic Violence Services 93
Local Law Enforcement 93
Other Services 94
Conclusion 95

References 97

Index 111

About the Author 120