Understanding “Illegality”: The Consequences and Impacts of Immigration Status on Health and Well-Being

Presenter: Stephany Cuevas, Ed.M. Harvard University @estefa_nee

Session Overview

Introductions

Terminology and Data

Experiences and Challenges

Laws and Policies

Best Practices

Legal information vs. legal advice

Legal information involves educating a person about what the law is.

Legal advice involves making determinations or recommendations based on analysis of the lay as it applies to a person’s specific situation.

THIS WORKSHOP IS NOT INTENDED TO PROVIDE LEGAL ADVICE.

Defining “Undocumented”

An undocumented individual is a non-citizen living in the United States without authorization, in the form of valid immigration status, from the federal government.

1)  entered without inspection, or

2)  entered with a valid visa or other status, and overstayed

Defining “Illegality”

“‘Illegality’ (much like citizenship) is a juridical status that entails a social relation to the state; as such, migrant ‘illegality’ is a preeminently political identity (De Genova, 2002, p.422).” “Illegality” is “an erasure of legal personhood—a space of forced invisibility, exclusion, subjugation, and repression that ‘materializes around [the undocumented] wherever they go’ (p.30) in the form of real effects ranging from hunger to unemployment (or more typically, severe exploitation) to violence to death—that is nonetheless always already confounded by their substantive social personhood (p.427).”

National Estimates

•  Of the total unauthorized population of 11.5 million:

Mexico (60%) El Salvador (6%); Guatemala (5%); Honduras (3%); China (2%)

•  16.6 million people living in mixed-status families (Dreby, 2015)

•  Over 5 million US children reside with at least 1 unauthorized immigrant parent (Passel & Cohn, 2011)

Represents 8% of all US children 91% of these children are U.S. Citizens

Undocumented Individuals:

•  Face the threat of detention and/or deportation; “deportability” •  Psycho-social stress/ anxiety •  Vulnerable to workplace exploitation

•  Parents’ stress and anxiety can also be passed on to their children •  Do not have permission to work •  Cannot leave the United States and return •  Cannot obtain Social Security Numbers •  Cannot obtain driver licenses in most states •  Are ineligible for most public benefits (including medical care and housing) •  Have challenges navigating systems

Overview of Laws and Policies

FEDERAL

Obtaining a green card

Comprehensive Immigration Reform

Deferred Action (DACA & DAPA)

Constitutional right to free K-12 public education

STATE

In-state tuition at public universities

State-based financial aid

Professional licenses

Driver licenses

Deferred Action for Childhood Arrivals (DACA)

(UCD, 2015)

Deferred Action for Parents of American Citizens and Lawful Permanent Residents (DAPA) *

(UCD, 2015)

What Deferred Action is NOT

1. Permanent

2.  Guaranteed

3.  A law

4.  Legal immigration status

5.  A pathway to lawful permanent resident status or U.S. citizenship

UndocuAlly What is your role in supporting undocumented students

and families?

“It’s not supposed to be about you. It’s not supposed to be about your feelings. It’s not supposed to be a way of glorifying yourself at the expense of the folks you claim to be an ally to. It’s not supposed to be a performance. It’s supposed to be a way of living your life that doesn’t reinforce the same oppressive behaviors you’re claiming to be against…”

-  Mia McKenzie, Black Girl Dangerous

Knowledgeable vs. Misinformed

Advise vs. Decide

Support vs. Expertise

Human vs. Subject

UndocuAlly: Individual Level

1 Connect with Students and Families

Check your privilege

Build rapport, credibility

Symbolic annihilation

“Keep it real” with students and families

Ally vs. advocate

2 Advising and Counseling

Politicized funds of knowledge

Mentorship

Expand your network and knowledge base

Academic and student development

3 Create “Brave Community” (de Novais, 2016)

Visible support

Culturally and linguistically relevant materials

Psycho-social support

Do not pressure self-disclosure

(UCD, 2015)

UndocuAlly: Organizational Level

1 Environment, Personnel, and Resources

Revisit institutional mission and values

Proactive vs. reactive staff

Familial engagement and partnership

Consider “action plan” for service streamlining

2 Organization as Resource

Reconsider programming and community functions

Partner with organizations

Develop school guide

Develop college pathways

3 Accountability

Visible and continued support for undocumented students and parents

On-going professional development

Follow through and follow up (constant check-ins)

(UCD, 2015)

Undocumented Student Program (USP) at UC

Berkeley Coding Strategy ● Green light: open to

undocumented students ● Yellow light: do not specify

immigration status requirements; engage in conversation

● Red light: nonnegotiable, firm immigration status requirements

How do we make ourselves visible allies to undocumented students and parents?

In your opinion, what are the biggest challenges for undocumented students and/ or undocumented parents?

Which area do you as an ally need to learn more about?

Additional Resources Harvard Educational Review Special Issue- Dissolving Boundaries:

Understanding Undocumented Students’ Educational Experiences Educators for Fair Consideration ( E4FC)

Educator Resources Student Resources

My (Un)Documented Life Blog United We Dream

DREAM Educational Empowerment Program (DEEP)

Undocumented Student Program (USP), UC Berkeley

Local immigration organizations

Thank you!

CONTACT INFORMATION Stephany Cuevas

stc656@mail.harvard.edu