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KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable David Nguyen, J.D., Ph.D. MAP Center Equity Fellow – North Dakota Assistant Professor, Educational Leadership & Policy Studies The University of Texas at San Antonio

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Page 1: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS

April 25, 2018

EquiLearn Virtual RoundtableDavid Nguyen, J.D., Ph.D.

MAP Center Equity Fellow – North DakotaAssistant Professor, Educational Leadership & Policy Studies

The University of Texas at San Antonio

Page 2: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

AGENDA

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Welcome

Roundtable Discussion

Review Resources and Wrap Up

Midwest & Plains Equity Assistance Center 2018

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COMMITMENTS

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Stay engaged

Experience discomfort

Speak your truth

Expect and accept non-closure(Singleton & Linton, p. 18 , 2006)

Midwest & Plains Equity Assistance Center 2018

Page 4: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

WELCOME TO EQUILEARN VIRTUAL ROUNDTABLE

This virtual roundtable is interactive - join the discussion live via the chat feature

To reduce noise distractions, participants’ microphones are asked to be muted when not speaking

A recording of this virtual roundtable and materials will be posted to greatlakesequity.org

4Midwest & Plains Equity Assistance Center 2018

Page 5: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

TODAY’S FACILITATORS

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David Nguyen, JD, PhDAssistant Professor

The University of Texas at San Antonio

Guest Speaker

Robin Jackson, MAGraduate Assistant

Midwest & Plains Equity Assistance Center

Technical Director

Cesur Dagli, PhDInstructional and Graphic Designer

Midwest & Plains Equity Assistance Center

Host

Midwest & Plains Equity Assistance Center 2018

Page 6: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

GETTING STARTED!Disclosure: The information presented is not legal advice, is not to be acted on as such, does not create any attorney-client relationship and privilege, and is subject to change without notice.

Read and follow your institutional policies

Today’s e-roundtable: Navigating your students

Midwest & Plains Equity Assistance Center 2018 6

Page 7: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

POLL QUESTION 1

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How often do you deal with issues of undocumented status?

NeverRarely

OccasionallyFrequently

Always

Page 8: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

SETTING THE STAGE

Pending Litigation

President Trump’s Rescission of DACA

Deferred Action for Childhood Arrivals (DACA)

Federal, State, and Institutional Policies

Plyler v. Doe (1982)

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Page 9: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

POLL QUESTION 2

Midwest & Plains Equity Assistance Center 2018 9

Recently, how frequently have you received questions/inquiries about DACA?

NeverRarely

OccasionallyFrequently

Very Frequently

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DACA: CURRENT STATUS

New applications

are not being

accepted

Renewals are being accepted

Applications for advance parole are not being accepted

Do not travel

abroad

More states are allowing

DACA recipients to

apply for professional

licensing

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Page 11: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

What are some ways you create trust and a safe space for students and their families?

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LET’S TALK

Page 12: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

#HERETOSTAY: NAVIGATING YOUR STUDENTSDon’t try to identify DACA recipientsMake yourself known and availableCreate DREAMzones and safe spacesUnderstand your state & institutional policiesCreate a network of resourcesKnow the decision-makersEducate your colleagues Build a network of supportCelebrate the successes …

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Page 13: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

What are some ways you advocate and protect your students and their families?

How do you protect yourself from the potential emotional impact of this work?

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LET’S TALK

Page 14: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

KNOW YOUR RIGHTS: WHAT YOU SHOULD KNOW

You have the right to remain silent. Do not lie.

You do not have to answer questions about your birthplace and/or immigration and/or criminal history

Do not give ICE your documents/ID. Do not sign anything. Keep any papers they give you.

You have 4th Amendment rights: do not open door without a valid warrant. Have warrant slipped under the door. Be clear to not give consent to enter your home.

Do not resist or interrupt an arrest.

Document the incident.

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What are some remaining questions you have?

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LET’S TALK

What other issues regarding this topic would you like to see addressed in future resources?

Page 16: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

RESOURCES

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Page 17: KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS · KNOWING YOUR RIGHTS: HOW TO SUPPORT UNDOCUMENTED STUDENTS April 25, 2018 EquiLearn Virtual Roundtable. David Nguyen, J.D.,

CONTINUE THE CONVERSATION

4:30-4:45#mapchat

@higheredlawprof

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Midwest & Plains Equity Assistance Center 2018 18

Fall 2018 Equity Leaders InstituteEQUITY IN ACTION: TRANSFORMING

EDUCATION SYSTEMS THROUGH DEMOCRATIC, CRITICAL AND

CONTEXTUAL INQUIRY

September 26-27, 2018 Indianapolis, Indiana

For more details: [email protected]

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PLEASE PROVIDE YOUR FEEDBACK

Post-Session Questionnaire

Great Lakes Equity [email protected]

greatlakesequity.org317-278-3493

THANK YOU FOR YOUR PARTICIPATION!

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The authors are grateful for the support of the Great Lakes Equity Center, under the Office of Elementary and Secondary Education’s Grant S004D110021. The funding agency’s endorsement of the ideas expressed in this article should not be inferred.

Midwest & Plains Equity Assistance Center 2018