Blog Archive

Sunday, April 12, 2009

Undocumented students fear deportation

By Selah Prather
Friday, April 10, 2009
Western Front (Student Newspaper)
Western Washington University

Being a college student can be mentally stressful and financially challenging. But imagine being a college student who is ineligible to receive financial aid, apply for loans or even get a job in the United States.

Tom Nerini, director of Western’s Student Outreach Center, said many immigrant Western students who do not have the proper documentation necessary to become legal residents often encounter similar problems.

“There are approximately 25 to 30 undocumented students on Western’s campus who face difficult issues, such as fear of deportation, ability to pay for college and whether or not they will be able to get a job once they graduate,” Nerini said.

Currently, no federal or state laws prohibit undocumented immigrants from being admitted to U.S. colleges or universities. Furthermore, U.S. law does not mandate proof of citizenship in order to be accepted to a higher education institution. Although, according to the College Board Web site, a non-profit organization that facilitates college success and opportunities for students individual institutions can create their own policies.

On Feb. 24, Immigration and Customs Enforcement (ICE) officers raided Yamato Engine Specialists, a local business. According to the ICE Web site, 28 undocumented immigrant employees were arrested and taken to Northwest Detention Center in Tacoma where they awaited deportation. Since then, most of the detainees have been released, with at least one immigrant who has been deported.

Nerini said the recent ICE raid has increased the fear level of undocumented students on campus. He said he began studying issues surrounding undocumented immigrants in 2005 while working on a thesis for his doctorate in education.

“[Undocumented students are] really nervous about going out or doing anything,” Nerini said. “I’ve gotten e-mails and calls from students wondering if they should be worried.”

Nerini said many immigrants flee from countries such as Mexico for economic and safety concerns. Alex, a Western senior and undocumented student whose name has been changed to protect his identity, is no exception.

“We come here to get a better life because we know that back at home we don’t have anything. I mean, we’re freaking dying from hunger,” Alex said. “So it doesn’t matter what it takes, just as long as we get food in our system.”

Two years ago, Alex’s worst fears became a reality. He was at the Fairhaven Greyhound station waiting to catch a bus to Seattle, when a Border Patrol agent overheard Alex speaking Spanish on his cell phone and asked where he was from. Alex told the agent he was from Mexico, and when he could not provide proper documentation, he was taken into custody and eventually deported to Mexico. Remarkably, Alex made his way back to the U.S.

“It was the scariest thing that has ever happened to me,” Alex said.

Supervisory Border Patrol agent Mike Bermudez said agents often patrol airports, bus stations and other transportation hubs.

Bermudez said these places are where individuals who have violated U.S. laws usually can be found.

Bermudez said Border Patrol Agents do not racially profile. However, Bermudez said agents are allowed to strike up a conversation with any person they choose. If that person volunteers any information regarding his or her country of origin, it provides agents legal grounds to demand documentation of legal U.S. residency or citizenship.

Nerini said Western needs to take a closer look at its policy regarding hardship withdrawals, which allow students to withdraw from a class due to unforeseen illness or personal emergency, for students affected by deportation issues and whether the university would allow ICE to come on campus.

“As it stands now, if ICE comes to campus they have the power to investigate anyone,” Nerini said.

University Police Chief Randy Stegmeier said his department has not had to deal with any issues regarding undocumented students so far.

“We have not detained any [undocumented students] or referred any to other agencies,” Stegmeier said.

Stegmeier said Western police officers have the ability to report anyone who may have questionable identification to custom agencies. However, he said officers are mainly concerned about protecting students, regardless of their legal status.

“We want anyone to feel that if they are a victim of a crime, or if they are in danger, they could come to us for assistance without worrying whether or not we would question their status,” Stegmeier said.

Western junior Abraham Rodriguez is co-chair of Western’s chapter of El Movimiento Estudiantil Chicano/a de Aztlan (M.E.C.H.A.), a national organization dedicated to confronting educational and social justice issues facing Latino, Chicano and Mexican Americans.

“We are currently focusing on supporting minority high school students who want to enter college and educating people about the Dream Act and how it benefits immigrants,” Rodriguez said.

According to the National Immigration Law Center Web site, the Dream Act, which has presidential support, would grant permanent resident status to certain immigrants who came to the U.S. before the age of 16 and at least five years before the Dream Act passed.

However, the Dream Act is riddled with restrictions. For instance, undocumented immigrants would be required to graduate from a U.S. high school or obtain a GED and have no criminal record to be eligible for permanent residency.

During the first six years of the process, applicants would be granted conditional permanent resident status, giving them the ability to live and work freely in the U.S. without fear of being deported.

Within that time, they would be required to obtain a two-year college degree, serve in the military for two years or perform at least 910 hours of community service. After the 6-year conditional period, eligible immigrants would be granted permanent resident status.

“[The Dream Act] is the most likely and best case scenario,” Nerini said. “But even with the Dream Act, [immigrants] still aren’t eligible for financial aid. They can get loans but they still can’t get gift aid like the Pell grants.”

Although U.S. colleges can admit undocumented students, it is difficult for colleges to provide these students with protection from potential deportation once they are on campus.

Paul Cocke, director of Western’s communication and relations department, said Western abides by all state and federal regulations, including the Family Educational Rights and

Privacy Act (FERPA). This act states that if any person or federal agents come to campus seeking information regarding a particular student, they can only obtain directory information, unless particular students have “opted out” of making their directory information available.

According to the FERPA, directory information consists of a student’s name, telephone number, dates of attendance, degrees and awards received, participation in sports activities and the most recent educational institution attended.

“If someone contacts us with a subpoena, we have to abide by it,” Cocke said. “It’s really a question of law.”

ICE spokeswoman Lorie Dankers said ICE does not have a particular policy regarding raiding colleges for undocumented students. Donkers said she is not aware of any college raids in the Northwest.

“We have the authority to enforce the law anywhere at any time,” Dankers said. “But we enforce the law at the appropriate time and the appropriate place."

http://westernfrontonline.net/2009041010853/news/undocumented-students-fear-deportation/