When Two Worlds Collide: Immigration & Social Justice

By Sharece M. Bunn & Caitlin J. McVay

OverviewHere’s what we’ll be doing today.

I. Learning Objectives

II. Framing Our Social Justice

Lenses

III. Framing the Historical Context

of Immigration

IV. Framing Our Work as

Immigration Advisors

V. Next Steps

VI. Questions & Discussion

Learning Objectives

1. To articulate how a social justice

lens may impact your work in

immigration advising.

2. To collaborate with colleagues to

deepen understandings about social

change and social progress as

international educators.

3. To develop a toolbox of ideas to

empower yourselves and campus

colleagues to seek social justice

through international education.

Framing Our Social Justice Lenses

● Who is privileged by immigration laws?

● Who has the power to make and enforce

immigration laws?

● How are our laws perpetuating difference

and discrimination?

Privilege

“Moving through life without being marked in ways that identify you as an outsider, as exceptional or “other” to be excluded, or to be included, but always with conditions.”

(Johnson, 2013).

The DOMINANT Narrative

● Classroom expectations

● English requirement

● Communication - bold is better

● We belong; others are “guests.”

Oppression The existence of “otherness” is a direct result of the systems of oppression within our world.

“Others” go against cultural expectations and norms.

“Lower status” takes precedent

The One Drop Rule - one drop of

sub-Saharan-African ancestry is

considered black.

You might be:

● Part Jewish

● Part Vietnamese

How often do you refer to someone

as “part white?”

Result of underlying White

supremacy, ethnocentrism, and

White nationalism

This is Global Social Justice.“We believe global social justice is both a process and a goal. The goal of global social

justice is full and equal participation of all groups in a global society that is mutually

shaped to meet their needs. Global social justice includes a vision of global society in

which the distribution of resources is equitable and all members are physically and

psychologically safe and secure. We envision a global society in which individuals are

both self-determining (able to develop their full capacities) and interdependent

(capable of interacting democratically with others). Global social justice involves social

actors who have a sense of their own agency as well as a sense of social responsibility

toward and with others one another, their our society, and the broader world in which

we live we share” (Adapted from Bell, 2013).

Framing the Historical Context of Immigration“Free” Immigration Period

Ellis Island opens

“Historically open attitude” changes

Immigration and Naturalization Service (INS)

Immigration Reform: Immigration and Nationality Act

removed racial barriers, updated preference system

Illegal Immigration Reform and Immigrant Responsibility Act

creates first database

Patriot Act cues in SEVIS and DSO responsibilities;

Homeland Security Act establishes three new agencies

Pre-1891

1892

1900s

1933

1952-65

1996

2001

Present

(American Immigration Center, 2010; USCIS History Office and Library, 2012)

A History of Exclusion

Overt

Exclusion

Criminals,

Prostitutes,

Illiterate, Chinese

contract laborers,

“Lunatics,”

Polygamists,

those with

contagious

diseases, Political

extremists,

Anarchists;

Asia-Pacific

nationals;

Communist Party

members

“History is written

by the victors.”

(American Immigration Council, 2016; Ewing, 2012)

The Unwritten Preferences● 1921 Quota Law: caps immigration at 350,000 per year; country

limits = 3% of US population with ancestral ties in 1910

○ Favors Northwestern Europe

● 1924 National Origins Act: lowers cap to 165,000 & 2% in 1890

○ Why? Eastern and Southern European immigrants began

to increase in 1880

● 1929 Registry Act: creates amnesty programs that allow

“deserving” illegal immigrants to legalize status

○ Between 1925-65, 73% European

● 1952 Immigration and Nationality Act: eliminates race as a

basis of exclusion, but not national origin

○ New quota preferences UK, Ireland, Germany

(American Immigration Council, 2016; Ewing, 2012; EyeWitness to History, 2000; Schrag, 2010)

Major World Events Spur Immigration Policy

1993 World Trade

Center Attacks

● out of status on

student visa;

left school

September 11th, 2001

Terrorist Attacks

● no show;

entered on

student visa

Tools for Counterterrorism Measures

● Student and Exchange Visitor Information System (SEVIS)

○ “SEVIS is a critical tool in SEVP's mission to protect national security

while supporting the legal entry of F, M and J nonimmigrants to the

United States for education and cultural exchange.”

● National Security Exit and Entry Registration System (NSEERS)

○ “... participation in the program was restricted to individuals from

specifically designated countries, as well as those deemed ‘heightened

national security or law enforcement risks.’”

○ Specialized entry process, fingerprints, photographs, yearly “check-ins”

Designated Countries:

Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq,

Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar,

Saudi Arabia, Somalia, Sudan, Syria Tunisia, United Arab Emirates, and Yemen.

(American Immigration Center, 2010; Chishti & Bergeron, 2011; US DHS, 2011; US ICE, 2015; Waslin, 2012)

Framing Our Work as Immigration Advisors

How do you describe your role as an immigration advisor?

How do you see social justice

and immigration intersecting

in your role in international

education?

Scenarios No. 1: Raised Tuition or Fees

No. 2: Pregnancy & Medical RCLs

Wading through the Gray Areas

Scenario 1: Raised tuition or fees

- How does your institution

structure tuition and fees for

international students?

- Should international students pay

higher tuition or fees to

compensate for immigration

compliance?

The Value of International Students

Scenario 2: Pregnancies and Medical RCLs

- How do you approach and

process Medical RCLs for

pregnant students?

- What factors contribute to the

decision?

- How do you determine how

many credits they can take?

Comments We Hear about Pregnant Students

Next Steps: Moving Toward Social Change

Be an advocate.

● Question policies

● Interpret regulations in ways that

benefit the student

● Join the discussion. #IAdvocateFor

○ ConnectingOurWorld.org

● Talk to your legal counsel!

Caution: Be aware of the tools you use to

push for change.

Get more involved in NAFSA!

● Discussion Forums

● Advocacy Day

What now? What can you do to promote social change and progress within your role?

The Moving Walkway

Questions & Discussion

Final thought:

What is one thing you can do when you get back?

References

1. American Immigration Center. (2010). SEVIS stems from crucial moments in US history. Retrieved from

https://www.us-immigration.com/us-immigration-news/us-immigration/sevis-stems-from-crucial-moments-in-us-history/

2. American Immigration Council. (2016). Did my family really come “legally”? Retrieved from

http://www.americanimmigrationcouncil.org/sites/default/files/research/did_my_family_really_come_legally.pdf

3. Bell, L. A. (2013). Theoretical foundations. In M. Adams, W. J. Blumenfeld, C Castañeda, H. W. Hackman, M. L. Peters, X. Zúñiga (Eds.), Readings for diversity and

social justice (21-26). New York: Routledge.

4. Chishti, M. & Bergeron, C. (2011). DHS announces end to controversial post-9/11 immigrant registration and tracking program. Retrieved from

http://www.migrationpolicy.org/article/dhs-announces-end-controversial-post-911-immigrant-registration-and-tracking-program

5. Ewing, W. A. (2012). Opportunity and exclusion: A brief history of U.S. immigration policy. Retrieved from

https://www.americanimmigrationcouncil.org/research/opportunity-and-exclusion-brief-history-us-immigration-policy

6. EyeWitness to History. (2000). Immigration in the early 1900s. Retrieved from http://www.eyewitnesstohistory.com/snpim1.htm

7. Johnson, A. G. (2013). The social construction of Difference. In M. Adams, W. J. Blumenfeld, C Castañeda, H. W. Hackman, M. L. Peters, X. Zúñiga (Eds.), Readings

for diversity and social justice (16-21). New York: Routledge.

8. Johnson, A. G. (2006). Privilege, Power, and Difference. New York: McGraw Hill.

9. Kivel, P. (2011). Uprooting racism: How white people can work for racial justice. Gabriola Island, BC: New Society Publishers.

10. Schrag, P. (2010). The unwanted: Immigration and nativism in America. Retrieved from

https://www.americanimmigrationcouncil.org/sites/default/files/research/Immigration_and_Natvism_091310.pdf

11. Tatum, B. D. (2013). Defining racism: “Can we talk?” In M. Adams, W. J. Blumenfeld, C Castañeda, H. W. Hackman, M. L. Peters, X. Zúñiga (Eds.), Readings for

diversity and social justice (65-68). New York: Routledge.

12. US Department of Homeland Security. (2011). DHS removes designated countries from NSEERS registration. Retrieved from

https://www.dhs.gov/dhs-removes-designated-countries-nseers-registration-may-2011

13. USCIS History Office and Library. (2012). Overview of INS history. Retrieved from

https://www.uscis.gov/sites/default/files/USCIS/History%20and%20Genealogy/Our%20History/INS%20History/INSHistory.pdf

14. US Immigration and Customs Enforcement. (2015, April 20). ICE tracks non-immigrant students in the US. Retrieved from

https://www.ice.gov/news/releases/ice-tracks-non-immigrant-students-us

15. Waslin, M. (2012). DHS’s NSEERS program, while inactive, continues to discriminate. Retrieved from

http://immigrationimpact.com/2012/06/28/dhss-nseers-program-while-inactive-continues-to-discriminate/

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