I'm Just a Bill but What about those other Guys?

I'm Just a Bill but What about those other Guys?

CHECKS AND BALANCES: FIGHTING MYTHS WITH FACTS Kathleen Gasparian, Gasparian Immigration 504 262 9878 [email protected] https://youtu.be/JUDSeb2zHQ0 Constitution = Supreme law of the land! And dont forget also have interplay of federal vs. state vs. local powers Which branch makes

law? All of them Legislative branch Enact legislation (Write statutes) X sponsors -> Committee -> Debate/vote -> Moves to House/ Sen -> committee -> debate/vote -> approval President has 10 days to sign or veto. Judicial branch Interprets legislation and administrative law Determines validity of legislation and administrative/executive actions Executive branch Implements and enforces the law Agencies engage in administrative law making

Other actions Executive law making Agencies Agencies Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions. In creating these "laws," the agency acts as quasi-judicial, quasilegislative entity. The process of administrative agency rule-making from the initial notice of agency interest to the promulgation of a final rule is documented in the Federal Register publication system. The two main components of this system are:

the Federal Register - Administrative agencies propose and announce regulations to carry out legislative mandates the Code of Federal Regulations - Regulations are codified and incorporated into the existing body of regulations arranged by subject Federal agencies, when issuing rules, have to follow the steps laid out in the Administrative Procedure Act of 1946. Proposed rules and final rules are initially published in the Federal Register; after the publication of the final rule, the rules that are currently in force are organized by subject and published annually in the Code of Federal Regulations. Other types of agency

actions "Non-legislative rules" - "statements of policy" or "guidance" Guidance guidelines agency staff manuals staff instructions opinion letters press releases Executive law making President Executive Action catch all term. Can mean anything from a policy wish list to an order. Most executive actions do not carry legal weight.

Executive Order a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his/her statutory or constitutional powers Call to take action or change practice Once signed sent to federal register for publication Cant have an order that violates existing law Executive Memorandum historically has meant a directive w/o the formality of an order. Are not submitted to the Federal Register Executive Proclamation largely ceremonial/ no legal effect How does all of this impact

immigration ? Legislative New legislations = new law Proposed bills no impact Judicial Recent examples OPT, TPS and adjustment Common what crimes involve moral turpitude Stop executive actions How does all of this impact immigration ?

Executive The recent spectrum Overturn of DACA memorandum Executive Order Travel ban Executive Order Hire American Buy American Non-regulatory agency actions changes in Foreign

Affairs Manual Revocation of policy memorandum regarding prosecutorial discretion Super informal level 1 wage/ H1B issues Nonrenewal of TPS Sanctuary city sanctions

Change in how agency classifies certain kids Reduction in refugee admissions Extreme vetting The wall Myth vs.

Fact http:// www.business-standard.com/article/current-affairs/tru mp-s-stance-on-opt-extension-may-divert-indian-stemstudents-elsewhere-117013001021_1.html OPT allows foreign STEM students to extend their stay in the US after completion of studies for 6-12 months under student visa. Foreign students are found to make use of OPT to either look for jobs or apply for further education or simply float around till the OPT term expires. The regime of previous US president Barack Obama had looked to extend the same to over three years but ran out of time with the country going into elections. However, now the Trump administration has prepared a draft that looks to revoke extension

of OPT. What's more, according to Indian education consultants, the new administration Rule-Making vs. Executive Order could altogether revoke OPT which could also Go to the source! impact students planning to study abroad in Study in the States the US. CFR Myth vs. Fact The US has announced it is reducing visa services at its diplomatic facilities in Turkey for security reasons after one of its employees was detained at the Turkish consulate. The move means that Turks will not be given

visas to visit the US unless they are planning to move there. The statement said the suspension of nonimmigrant visa services was effective immediately to minimise visitor numbers to the US Embassy and Consulate for now. Can you spot the fact? Can you spot the myth? http://www.independent.co.uk/news/world/americas/ usa-partly-suspends-visa-services-turkey-a7989771.h tml Make sure that you read everything and go to the source! Be informed

Hone your fact vs. myth discernment skills others need to trust that you know what youre talking about Resources Trusted immigration attorneys make friends with one in your area and/or sign up for an email newsletter Community Organizations Be careful not to spread rumors on your personal social media Learn about the topics your specific student population cares about (ex. travel, encounters with law enforcement, work authorization, DACA, etc.) Myth Busting

Is that something that branch of government can do? Is it true? Fake news Look to the source Does it make sense? Communication strategies Be proactive - If government action affects your students, reach out to affected student population with resources, message of care, etc. Messaging should include the facts and emphasize that you are well-informed and will update them as needed. Website have an immigration resource hub with direct links to government websites Email, social media Town hall meetings for drastic government action that affects your students consider inviting people in positions of authority/knowledge, take written questions 1:1 advising be prepared to listen a lot. Could include personal concerns (empathize,

help when possible) and rumors (debunk!) Dont be afraid to say I dont know Communicating with the community Build good working relationships with: Government relations office and general counsel on campus Local CBP office Local nonprofits like ACLU (Private) Facebook group for concerned community members who have volunteered to help Resources on campus collaborate! Student legal services Active student groups What can I do to

affect change? Strategically educate and communicate Connect-the-dots Current problems to policy issues. Build partnerships Government relations and public affairs Offices with like-minded needs Community organizations Advocacy Definition of Advocacy (YourDictionary): The act of speaking on the behalf of or in support of another person, place, or thing.

(yourdictionary.com) Synonyms of an Advocate: backer, campaigner, champion, counsel, defender, expounder, pleader, proponent, proposer, speaker, spokesperson, supporter, upholder. Definition of an Educator: A person who provides instruction or education; a teacher. (google.com; educator definition) Myth busters See an attorney (a good one) Dont assume there is no solution or that it is the end of the world Pay the money for the consult

Avoid scams and fear mongers Be wary of text messages Be wary of emails Be wary of notarios, travel agents, friends and cousins Educate your students about what they can expect from attorneys Be hesitant to trust government actors Q&A

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