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Sanctuary and citizenship advocacy resolution
1.
SENATE OF THE
CONSOLIDATED STUDENTS OF THE UNIVERSITY OF NEVADA LAS VEGAS 48TH Legislative Session 2017-2018 A RESOLUTION FOR CSUN’S COMMITMENT TO STUDENTS REGARDLESS OF IMMIGRATION STATUS AND ADVOCACY FOR PERMANENT LEGAL STATUS Bill Number: SR 48-04 Authors of Legislation: Senator Micajah Daniels, Division of Health Sciences WHEREAS, the University of Nevada, Las Vegas (“UNLV”) strives to be different, daring, and diverse; WHEREAS, undocumented immigrant is defined as an immigrant who has entered the United States illegally and is deportable if apprehended, or an immigrant who entered the United States legally but who has fallen "out of status" and is deportable; WHEREAS, Nevada is home to the largest share of undocumented immigrants at an estimated 7.2% of the population ; 1 1 Pew Research Center. 2016. “U.S. unauthorized immigration population estimates” Pewresearchcenter.org
2.
WHEREAS, the number
of DACA or undocumented students at UNLV is unknown due to lack of resources and trust; WHEREAS, Consolidated Students of the University of Nevada (“CSUN”) and members of our community are concerned about the health, safety, and success of our immigrant students being affected by the recent increase in xenophobic hate crimes and inflammatory language in our community ; 2 WHEREAS, September 1, 2017 Deferred Action for Childhood Arrivals (“DACA”) was eliminated; WHEREAS, current federal policy states that U.S. Immigration and Customs (“ICE”) officers are restricted from conducting enforcement actions such as arrests, interviews, searches, and surveillance at sensitive locations such as post-secondary schools up to and including colleges and universities unless exigent circumstances, exceptions to the general rule, or prior approval is obtained ; 3 WHEREAS, all students at UNLV pay tuition and should benefit from services and programs that are created for the student body; WHEREAS, monetary resources for this community are scarce and not always readily available; WHEREAS, Nevada does not have clear legislation on postsecondary benefits for undocumented students ; 4 2 Lovell, Blaze. 2016. “UNLV math instructor faces outrage for Facebook comments.” The Scarlet & Gray Free Press. UNLVFreepress.com 3 U.S. Immigration and Customs Enforcement. 2011. “Enforcement Actions at or Focused on Sensitive Locations Memorandum.” 4 uLEAD Network. 2017. “Nevada Policy.” uleadnetwork.org
3.
WHEREAS, Nevada is
a state with unstipulated policies regarding education for undocumented students; WHEREAS, UNLV is a public institution; WHEREAS, the Supreme Court of the United States has ruled that public schools are prohibited from denying students access to K-12 and secondary public education based on their immigration status ; 5 WHEREAS, the deprivation of a public education is a violation of our U.S. Constitution’s equal protection of rights ; 6 WHEREAS, any resources that have the possibility of being saved by excluding undocumented children from public schools do not outweigh the harm imposed on the child and society ; 7 WHEREAS, copious amounts of education institutions all over the United States are adopting resolutions and policies to demonstrate their continuous commitment to maintaining their schools to be a safe space for students to learn regardless of their immigration status; WHEREAS, Clark County School District , UNLV's President Len Jessup , and UNLV 8 9 CSUN has taken a stance to support DACAmented and Undocumented students; 10 WHEREAS, faculty and staff are not always aware of institutional and state policies and resources; 5 Plyler v. Doe, 457 U.S. 202 (1982) 6 U.S. Const. amend. XIV, § 1 7 Plyler v. Doe, 457 U.S. 202 (1982) 8 Clark County School District. 2017. “Resolution of Commitment to Students Regardless of Immigration Status.” 9 Len Jessup. 2017. “President Jessup: Support of Deferred Action for Childhood Arrivals (DACA) and undocumented immigrant students.” UNLV News Center. 10 De’Liza Galimidi. 2017. “CSUN President Stands in Solidarity with President Jessup’s Support of DACA.” UNLV CSUN Press Release.
4.
WHEREAS, UndocuNetwork has
been providing trainings regarding supporting undocumented students for faculty and staff in Clark County; WHEREAS, CSUN urges administration to designate a liaison for DACA and undocumented students to articulate resources provided to undocumented students, advocate for their status, and address these students specific concerns and needs; THEREFORE, BE IT RESOLVED, UNLV CSUN is dedicated to organizing strategies to advocate for improving pathways to citizenship and ensuring equal access to education and services by: 1. Designating UNLV’s property to be a safe space for students, staff, and the educational community regardless of their immigration status; 2. Protecting student privacy by restricting the release of personally identifiable information about students’ immigration status to immigration enforcement agencies, including ICE, unless the conditions stipulated in FERPA ; 11 3. Sponsoring UndocuNetwork to implement a forum in the purpose of training faculty, staff, and students in the community to educate and provide resources and tools necessary to effectively respond to the academic needs of undocumented students; 4. Requiring student government to attend said trainings by encompassing “Dream Zone Training” into University of Nevada, Las Vegas Consolidated Students of Nevada Code of Conduct “Diversity and Inclusion Competency Training” 11 20 U.S.C. § 1232g; 34 CFR Part 99
5.
5.
Supporting legislation (i) that cancels the removal of and grants legal permanent residence to an undocumented immigrant who is inadmissible or deportable or is in temporary protected status who: (1) Has been in the United States for four years; (2) was younger than 18 years of age on the initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds; (4) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (5) has fulfilled specified requirements: (a) is at least 5 years of age; and (b) is enrolled in an elementary school, a secondary school, or an early childhood education program. (c) is enrolled in secondary school or in an education program assisting students in— (I) obtaining a regular high school diploma or its recognized equivalent under State law; or (II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. (d) has not abandoned the immigrant’s residence in the United States;
6.
(e) has earned
a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; (f) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; (g) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (h) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the immigrant has had a valid employment authorization, except that any period during which the immigrant is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program (6) Or demonstrates compelling circumstances for the inability to satisfy the requirements previously specified by demonstrating that: (a) the immigrant has a disability; (b) the immigrant is a full-time caregiver of a minor child; or (c) the removal of the immigrant from the United States would result in extreme hardship to the immigrant or the immigrant’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (ii) Protects the safety of immigrants applying for status and the nation by DHS may not:
7.
(1) grant conditional
permanent resident status without the submission of biometric and background data, and completion of background and medical checks; and (2) disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes.
8.
References Clark County School
District. 2017. “Resolution of Commitment to Students Regardless of Immigration Status.” De’Liza Galimidi. 2017. “CSUN President Stands in Solidarity with President Jessup’s Support of DACA.” UNLV CSUN Press Release. FERPA. 20 U.S.C. § 1232g; 34 CFR Part 99 Len Jessup. 2017. “President Jessup: Support of Deferred Action for Childhood Arrivals (DACA) and undocumented immigrant students.” UNLV News Center. Lovell, Blaze. “UNLV math instructor faces outrage for Facebook comments.” The Scarlet & Gray Free Press. UNLVFreepress.com Retrieved October 3, 2017. Monterrosa, Rodolfo. 2017. “Ending DACA puts ‘Dreamers’ at mercy of Congress.” CNBC.com. Retrieved October 3, 2017. Pew Research Center. 2016. “U.S. unauthorized immigration population estimates” Retrieved October 3, 2017. Plyler v. Doe, 457 U.S. 202 (1982) S. 1615 — 115th Congress: Dream Act of 2017 uLEAD Network. 2017. “Nevada Policy.” uleadnetwork.org Retrieved: October 3, 2017. U.S. Const. amend. XIV, § 1 U.S. Immigration and Customs Enforcement. 2011. “Enforcement Actions at or Focused on Sensitive Locations Memorandum.”
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