IUPUI Town Hall Follow-Up

NOTE: The responses reflect the opinions of the individual panelists at the IUPUI DACA Town Hall meeting and should not be construed as providing a legal opinion or legal advice. Further, said responses do not necessarily constitute official IU policy or position, but a general understanding of IU policy.

1. Are undocumented students without DACA welcome at IU and how will the university advocate for them?

Yes. Indiana University welcomes all students. IU will advocate for DACA students by lobbying its congressional representatives to pass legislation that will codify the provisions of DACA into law.

2. Why isn’t IUPUI a sanctuary campus?

Indiana law prevents Indiana University from declaring itself a sanctuary campus. In May, the Indiana General Assembly passed legislation that prohibits Indiana colleges and universities from adopting “sanctuary campus” policies.

3. If IUPUI cannot become a sanctuary campus, what measures are being taken to protect our undocumented students?

Indiana University has long recognized the absolute necessity of a diverse and inclusive community to an excellent education. All students, regardless of their background or country of origin, are welcome in our community. Each and every one brings perspectives and experiences that, taken together, enrich the educational experience and prepare our students to thrive in the 21st century. Our student body expresses who we are as a community and reflects our foundational commitment to inclusion and diversity.

As a public institution bound by federal and state laws, Indiana University is able to, and will, take several steps to support all IU students, regardless of personal characteristics or background:

  • We respect the privacy of all students equally, in their studies, work, and personal lives, and therefore will only inquire into, record, use or communicate a person’s immigration status when required by law, a court order, lawful subpoena or when necessary to protect a person’s safety or when consulate notification is required; in particular, we protect the privacy of all student records as required by the Federal Educational Records Protection Act (FERPA).
  • We provide counseling and support to students on immigration-related concerns.
  • We will counsel students about and connect students to available resources for educational and living expenses for which they are legally eligible.
  • We vigorously investigate and refer for prosecution anyone who threatens, intimidates or harasses any member of our community, and make special efforts to protect those who are targeted or at risk for physical harm, threats or intimidation.
  • We will continue and intensify IU's long-standing advocacy for expanded access to higher education for all Indiana University students living in the United States, including specifically advocating for the continuation of DACA and for the equal treatment of such students for all educational programs. Both President Michael A. McRobbie and Chancellor Nasser H. Paydar issued statements in response to the Trump administration’s decision to terminate the DACA program.

4. What actions will IU take if ICE comes onto campus to perform an immigration raid?

Indiana University is unable to stop Immigration and Customs Enforcement (ICE) from coming onto campus with a valid arrest, search warrant, or subpoena for an undocumented student, and is required by state law to cooperate with ICE agents. ICE has indicated that it will not change its current enforcement policies when DACA ends; specifically, they will not target DACA individuals but will target individuals who have committed crimes. Therefore, immigration raids based solely on DACA status are not anticipated and are highly unlikely to occur.

To better understand your rights if you are questioned by ICE at your home, workplace, or in a public setting, please see “Know Your Rights” created by the American Immigration Lawyers Association.

5. The rescinding of DACA has opened a new wave of discrimination on college campuses throughout the United States. What is IUPUI doing to protect DACA and undocumented students?

IUPUI will vigorously investigate and refer for prosecution anyone who threatens, intimidates or harasses any member of our community, and will make special efforts to protect those who are targeted or at risk for physical harm, threats or intimidation.

IUPUI encourages all members of the campus community (students, staff and faculty) to report incidents of bias, harassment and discrimination by calling the IU Police Department at 317.274.7911 or the Office of Equal Opportunity at 317.274.2306. Or, incidents can be reported via the online bias incident reporting form. The term 'bias incident’ refers to the use of language and/or actions that demonstrate bias (prejudice) against persons because of, but not necessarily limited to, their actual or perceived race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression or status as a military veteran. Bias incidents include, but are not limited to, name-calling, stereotyping, belittling or excluding others based on their identity. Some, but not all, bias incidents may rise to the level of discriminatory harassment, sexual misconduct or other violations of policy or law.

6. Administrators at local colleges have yet to put out unifying messages like our leaders have. Does that mean they do not support DACA? Do politics take first seat to the concern of their students?

It is not appropriate to speculate on the decisions made by other institutions. However, several local presidents, in addition to IU and IUPUI, have also issued statements in support of DACA including Butler, University of Indianapolis, Purdue, and Ball State.

7. Are DACA students eligible for permanent relief?

DACA does not provide for permanent relief. DACA recipients may be eligible for other types of permanent relief, but it depends on the circumstances of the individual and cannot be stated generally. DACA recipients should consult with an immigration attorney to determine if he or she is eligible for permanent relief by other means other than DACA. We provide a list of attorneys and legal organizations who are available to provide free or reduced cost legal services.

8. Will IU support in-state tuition for DACA students publically?

IU has publicly stated that we will counsel DACA students about and connect them to available resources for education and living expenses for which they are eligible. The residency status for all students, including DACA students, is evaluated individually and takes into account all applicable laws.

9. Does the IU Foundation have any scholarships for undocumented students since state law bans many of our scholarships for DACA participants?

Indiana University has several donor-established scholarships for DACA students, of which most are donor designated for IU Bloomington students. A few are donor-designated for IU Kokomo, IU East and IUPUC. IUPUI does not yet have any IU Foundation-administered scholarships for that purpose. However, there is nothing to prevent a donor from setting up scholarships for DACA students at IUPUI if they so choose. Dan Hartmann, Director of Development, IUPUI Campus Initiatives at dh31@iu.edu or 317.278.5677, is the contact to establish such a fund at IUPUI.

10. Does IUPUI supply funds to help cover any attorney fees paid for DACA renewal?

Indiana University does not offer funds for DACA renewal. However, IU has identified several members of the American Immigration Lawyers Association who are willing to either work for free or reduced prices for DACA students. Visit Hiring an Attorney.

11. What is IU doing to give student visas to the individuals affected by the DACA policy change?

The unfortunate reality about DACA is that it does not offer an individual legal status in the United States. Although DACA students are legally present, they do not have legal status, which makes changing to a visa status particularly difficult. In an overwhelming majority of cases, DACA students have not been eligible to file for a student visa and have faced a significant bar from re-entry [into the United States] if they have departed from the United States. The IUPUI Office of International Affairs is happy to consult with individual students on their specific situation to help determine if changing to a valid student visa is a possibility.

12. Does DACA affect people who want to renew work visas?

Yes. DACA recipients whose grant of DACA or employment authorization document expires between September 5, 2017, and March 5, 2018, can renew it for a two-year period if the renewal application is filed and accepted by the United States Citizenship and Immigration Services on or before October 5, 2017.

13. Does DACA affect people who have valid green cards/visas?

No, it does not.

14. For students unable to renew, what can/should they do?

Students should discuss their situation with an immigration attorney to determine what options they may have. A list of attorneys and legal organizations that are available to provide free or reduced cost legal services can be found on this site.

15. Can recipients remain in the United States after DACA's repeal and what means will they have? Essentially, can these individuals stay and is citizenship attainable?

The decision to stay in the United States is up to the individual that is undocumented. Unlawful presence in the United States for six months up to a year will result in a time bar from entering the United States for three years. Unlawful presence of one year or more is a time bar from entering the United States for 10 years. This is important if the undocumented individual has to leave the United States and reenter under a visa or to obtain permanent residency. A waiver of unlawful presence may be applied for in certain circumstances. DACA does not provide for citizenship. Citizenship may or may not be available based on a student’s individual circumstances. Please consult with an immigration attorney to see if this is an option for you. A list of attorneys and legal organizations who are available to provide free or reduced cost legal services can be found on this site. There are also three bills (DREAM Act, RAC Act and SUCCEED Act) pending in Congress that would lead to conditional permanent residency, permanent residency and then eventually citizenship. Find more information on these pending bills.

16. Will children of undocumented immigrants be automatically deported if their parents are caught?

The children of undocumented immigrants may be deported if the children are undocumented as well. If the children are documented, they will not be deported.

17. My DACA status expires after March. Should I be worried? If not, why?

Yes and no. You can continue your education as an undocumented student, but you will begin to accrue unlawful presence in the United States. Unlawful presence in the United States for six months up to a year will result in a time bar from entering the United States for three years. Unlawful presence of one year or more is a time bar from entering the United States for 10 years.

18. If I am coming back to school after a semester off, what should I expect in terms of my DACA qualifications?

If DACA students have left the university in good standing there will be no issues with readmission. Regarding tuition and fees, it depends on whether or not the student has been granted in-state residency.

  • If a DACA student has not been granted in-state residency but believes they may qualify, they may visit the Office of the Registrar for more information.
  • If a DACA student has been granted in-state residency and their DACA is going to expire prior to program completion, they must remain continuously enrolled to maintain in-state status.

19. If I am a transfer student planning to come to IUPUI in January, does being a DACA student mean I shouldn’t transfer?

No. DACA students should proceed, and are encouraged to proceed, with their enrollment for the Spring 2018 semester. IUPUI’ s current citizenship verification processes and residency determinations will remain unchanged until further directed.

20. What is going to happen to the high school students who are currently applying to IUPUI and are directly affected by the DACA program ending?

DACA students who are currently in high school will still be able to apply to IUPUI and will receive the same application considerations as an undocumented student. If admitted, the student will need to obtain external scholarship or other funding assistance as undocumented students are not eligible for state or federal financial aid.

21. If a graduating student is unable to renew their status, what can they do upon graduation since they will become undocumented and unable to legally work in their field of study?

It is unknown what the future may dictate, but it is possible that if legislation is passed then undocumented college students will be able to work again. A graduating student may qualify for an H-1B visa depending on their program of study, the duration of unlawful presence in the United States and if the prospective employer will consider H-1B sponsorship.

22. What immediate assistance do DACA students, staff and faculty at IUPUI need and are they receiving it?

DACA students, staff and faculty at IUPUI need to know they are supported on campus. IUPUI has been sharing information on DACA renewal workshops as well as through ‘Know Your Rights’ trainings. Additionally, the campus has developed several logos to help identify allies on campus. DACA students are also leaning on each other for support through the formation of a student organization.

23. Will IUPUI hire a point of contact for DACA and undocumented students to help provide resources and support?

Karina Garduno, assistant director for multicultural programming at IUPUI, has been appointed the contact for DACA and undocumented students who may have questions or are in need of resources or support on campus and/or in the community. Karina can be reached at 317.278.8341 or kgardun@iupui.edu.

24. My daughter is a DACA student but doesn’t know who she can trust. Is there someone at IUPUI who can help her?

Karina Garduno, assistant director for multicultural programming at IUPUI, has been appointed the contact for DACA and undocumented students who may have questions or are in need of resources on campus and/or in the community. Karina can be reached at 317.278.8341 or kgardun@iupui.edu.

25. What training has CAPS or other staff members had to help DACA students?

IUPUI Counseling & Psychological Services (CAPS) continually strives to provide services that are culturally informed and sensitive. This includes staying up-to-date on current social issues and the challenges facing DACA students. CAPS offers a confidential and private space for students to share their concerns, thoughts and emotions and to identify ways to cope with the current uncertainties. CAPS’ staff commitment to working respectfully and effectively with individuals from a wide range of backgrounds and identities is reflected in our commitment to inclusivity and social justice.

26. What can academic units do to let DACA students know that we are a welcoming office if they want to talk? Can we post signage that says "We support DACA" or something like that?

Academic units and offices are welcome to post signage in support of DACA so students know they are welcome. Some national organizations, such as the National Education Association and the American Federation of Teachers, have created posters, and IUPUI has created a logo to show support for our DACA population. Participating in DACA related programming, which has been and will be promoted throughout campus, also helps show DACA students that academic units are there to support them.