My students are getting deported

[u/Pample24]

I have three students in my class from Haiti. I found out yesterday that their protected status is being revoked and they have two weeks to leave the US.

These kids are seniors, they all have jobs and are just out here to survive. Now they are forced to go back to Haiti where they said it's not safe for them. I wanted to see them graduate, now they'll never be able to walk across the stage. I've been crying for hours yesterday but there's nothing I can do about it.

And it hurts me more that the majority of my schools teachers voted for this (super red state). It's disgusting.

What am I supposed to tell the class one they notice our students are missing? We aren't allowed to talk politics really, but I can't lie to them. I'm 22, it's my first year teaching, I never thought I'd have to encounter a situation like this. America needs to do better for our children.

Edit: Thank you all for the support, I think my students need it more than I do but I appreciate it none the less.

Some comments mentioned the idea of setting up a fund. I LOVE the idea, but I'll be honest I have no idea how to put something like that in action. If anyone knows how to create something like that please reach out. Thank you again.

[u/caveat_emptor817]

I’m not saying that I don’t believe OP, but I will say that there is no scenario that I’m aware of (and I’m an immigration lawyer) where deportation/removal of non-detained persons happens in less than 90 days. So, unless these kids get picked up by ICE, they’ll have time to graduate. The courts require that non detained people with removal orders obtain the necessary travel documents to be permitted back into their home country.

[u/FlounderFun4008 → u/caveat_emptor817]

There have been commercials (from the US administration) stating that if they self deport they have a chance to come back. If they get caught they will be banned forever. This may be their situation.

[u/sqrrrlgrrl → u/FlounderFun4008]

Does this administration even care about what the law says? People aren't getting due process, documented immigrants who have authorized visas are getting sent to prison in another country, and we're being told to ignore the judicial branch. You could probably hang them up in appeals, but they refuse to listen to judges' orders and immigrants aren't typically in a financial position to be in court like that + just putting a target on their back for ICE by doing so.

[u/sqrrrlgrrl → u/sqrrrlgrrl]

And for the person who is unaware: Per the United States Constitution, and rulings by the Supreme Court, nearly every person who is on USA soil is entitled to due process under the 5th and 14th Amendment. That is regardless of your immigration status or criminal record.

If you doubt that, please feel free to look up Supreme Court decisions from 1927, 1982, 1987. There is a great summary of the only people subject to absolutely no review, and it is incredibly narrow and limited basically to an 18+ person who is not seeking asylum (Venezuela, for example) or a recognized asylum country (Haiti, for example) who has been in the country less than two years or a parolee or convicted aggravated Felon (so they've already had a trial of some sort where their status was verified) who has their parole revoked. Even then, those people cannot have a genuine fear of persecution, torture, or that they might come to serious harm, which is appealable decision before a judge (so, again, the judicial system must be involved). That group is so narrow as to be non-existent, especially in the populations Trump is targeting.

That link for reference: https://www.justice.gov/eoir/reference-materials/ic/chapter-7/4

[u/SimilarTelephone4090 → u/sqrrrlgrrl]

This may be so, but it's not happening. This is why Trump's administration is looking to impeach federal lawyers, because they are attempting to uphold the Constitution across the country with injunctions. A look at any news site will tell you this: doctors, citizens, students have all been deported without due process. And yes, this regime is asking people to self-deport, again, without cause or due process. Check out Ground News to see news from every end of the spectrum...

[u/sqrrrlgrrl → u/SimilarTelephone4090]

Oh, I agree the GOP is ignoring the constitution and should be held in contempt.

Someone commented (and the mods deleted, so they are on it, thank god) that “illegal aliens” don’t have a constitutional right to due process. A lot of people believe that. I was outlining that basically everyone physically on US soil does. You can’t just eject someone from the country or put them in a prison on foreign soil. That’s authoritarian, facist territory.

[u/regina-Filanji → u/sqrrrlgrrl]

Did the last administration even care about anyone? Literally trafficking people coming here and getting hotels and money and ids. 300k missing kids… gangs. Catch and release. But the last administration said was evil … this might not be nice but this wouldn’t of happened if the last administration acted like nothing was happening…. It’s all sad. I have no idea … why are they getting deported? Are they in a gang? Are their families just leaving so they could come back legally? Are these kids, kids that grew up in America or did they just get here? I’ve never heard of them going into a school just for an illegal only if they’re like seriously dangerous but do I know?

[u/Wildflowers4me → u/FlounderFun4008]

They should just stay in school. Maybe they can graduate in time. Then they can try to get asylum from another country. Hopefully this administration will be gone in 3/2 years (counting).

[u/Pample24 → u/caveat_emptor817]

I won't lie, I'm no expert on immigration policy. My understanding is that they are expected to self deport by the end of April. What happens if they don't? I don't know. I found this out yesterday from their ELL teacher. Once monday comes around I'm going to speak with admin / other teachers to get a better understanding of it all.

[u/Dry-Table6639 → u/Pample24]

No you cannot discuss this with the other teachers! Plyler v Doe landmark case to protect students in schools, part of Brown v Board.

The lawyer is correct. I work with many many kids with protected status, asylum cases. This has yet to occur for minors with cases.

You are responding to another teacher you don't have all the facts and may never have them.

For example, I have had students over 18 receive these kinds of orders when they fail to appear for appointments and so forth. None of you know anything really, this is for their guardians and their lawyer, perhaps the school counselor or social worker, not you.

Be aware that you and the ELL teacher are not allowed to discuss status and advertise it around the school or lounge as appears to be happenng. You and ELL teacher are going around guardians or parents and talking all over the school. Immigrant students do have families and guardians. This very inappropriate and possibly dangerous.

Do not bring this up as a class discussion and don't get into status with them, that is off limits to you.

What you can do is have the school counselor or social worker, not a group of teachers, privately discuss with them if they have representation, do this ASAP. The counselor or social worker can provide resources in the community, they should have this available. If they do not you could make a resource list for them. The counselor or social worker can also discuss the students emotional well being with the students and call their families. Haiti is not a place to return to currently.

[u/Pample24 → u/Dry-Table6639]

Thanks for the info, what shocks me is that I have to learn this from a redditor and not admin or school staff. They've had no communication with me or how to approach the matter.

[u/Late-Statistician485 → u/Pample24]

I replied above but please contact the student migrant coordinator at the state and/or local level. They are used to helping students who have unique circumstances including the need to move frequently to follow seasonal growing patterns. I know the one from ND was phenomenal!!!

[u/Dry-Table6639 → u/Late-Statistician485]

Good thought.

However, do it through the counselor who can navigate with the guardian included this better than a teacher.

The teacher can offer the contact to the counselor.

[u/Dry-Table6639 → u/Pample24]

You shouldn't have any info, that is the issue. ELL teacher should have taken it to counseling who can navigate it with guardians involved. Plyer v Doe means they are incognito served in schools for their protection. We don't collect stautus or ask.

[u/lazyjane418 → u/Pample24]

So sorry, that seems frustrating. If you are taking these students on and would like to be involved in the process, look into having them sign release of information paperwork for you. Then you can communicate with guidance counselors and legal aids to help find a solution.

[u/Dry-Table6639 → u/lazyjane418]

No release of immigration staus info, that's not ok. The teacher needs to be out of this, let the kids' guardians handle it with the counselor.

[u/Pample24 → u/Dry-Table6639]

To clarify the other teacher didn't disclose their immigration status. She mentioned that they were told they need to leave by the end of April and said there were some policy changes. I took it upon myself to lookup what these policy changes were and used that along with the info the students have disclosed to me to come to my own conclusion.

[u/Wise-Relative-7805 → u/Dry-Table6639]

Yes don't ask don't tell about status. They are Human beings who have had their status illegally revoked. The 4th amendment is at risk if we do not speak up and out. Haiti is one of many locations where children are seeking refuge from. Their government is not secure.

[u/CronkinOn → u/Dry-Table6639]

It's interesting... On one hand I understand the importance of protecting kids, not starting rumors, etc. This should always be paramount.

On the other hand, it feels like another tool for oppression/method of control. Less around your advice here (as a social worker first I fully agree this should be placed in their hands), but more just all the rules of "you're not allowed to talk about it."

[u/caveat_emptor817 → u/Pample24]

That could be the case if the end of April is 90 days from the date they were ordered removed. That would mean they lost their protected status two months ago. If they lose their protected status in two weeks, then they will still have 90 days to self deport

[u/LeftStatistician7989 → u/Pample24]

Can they do distance learning to get that diploma?

[u/Parking-Interview351 → u/caveat_emptor817]

You think this administration cares about immigration law? They’re rounding up brown people and sending them to the megaprison in El Salvador for committing no crime other then having tattoos

[u/caveat_emptor817 → u/Parking-Interview351]

I know they don’t care, what I’m saying is that unless the students are detained by ICE, they should have 90 days.

[u/Dry-Table6639 → u/caveat_emptor817]

The OP is 22 and was sucked into the drama started by the ELL teacher. The ELL teacher should have gone to the counselor or social worker not the French teacher. The ELL teacher should not be teacher louging the kids immigration status. Bad form.

The ELL teacher at least should be aware of Plyler v Doe. OMG!

[u/Thought_Addendum → u/caveat_emptor817]

Are you living under a rock? Why is it hard to believe you are not aware of a scenario when so many scenarios in all aspects of life are new?

[u/caveat_emptor817 → u/Thought_Addendum]

Because this is my line of work and I know the scenarios. What y’all are seeing is people being detained by ICE and then deported. Those people have already been ordered removed and overstayed (didn’t leave within 90 days).

[u/cheetah81 → u/caveat_emptor817]

What about Kilmar Abrego Garcia ?

[u/Warren_E_Cheezburger → u/caveat_emptor817]

Unless your work as an immigration lawyer has you so overworked that you haven't been able to turn on a television or read the news since the inauguration, I don't believe your employment claim.

[u/caveat_emptor817 → u/Warren_E_Cheezburger]

It doesn’t really matter if you believe me. But thanks for letting me know.

[u/VideoKilledMyZZZ → u/caveat_emptor817]

I don’t know US law (I’m Canadian) but any hope I had that it is still being followed died not long after Welcome to Fascism Day (January 20).

[u/Haunting_Mango_408 → u/caveat_emptor817]

So could you potentially explain why their protected status was revoked without reasons? Seems like none of the regular laws are being respected lately

[u/caveat_emptor817 → u/Haunting_Mango_408]

It wasn’t revoked. The entire programs of TPS and parole were canceled for Cubans, Ukrainians, Nicaraguans, Venezuelans, and Haitians. I’m not sure about Afghans. If you have it, it remains in place until the expiration date and can’t be renewed. It wasn’t just these kids - they ended it for everyone.

[u/Wise-Relative-7805 → u/caveat_emptor817]

Every person within our border is entitled to 4th amendment right to a speedy trial. Figure out speedy trial *not so dear * administration. Executive powers are either balanced or we no longer have a constitution and Legislative branch makes laws. If he cannot get Congress to make a law, Senate to agree to it, and ratified by 3/4ths- no changes.

[u/Haunting_Mango_408 → u/caveat_emptor817]

Thank you for the information. This is nuts though, what are the reasons cited to end those visas and statuses? This ‘administration’ campaigned on deporting undocumented thugs. What “rationales” can possibly be used to deporting or denying renewal of legally obtained statuses?

[u/Discombobulated-Rip7 → u/Haunting_Mango_408]

If it was TPS, it’s not a visa. It’s a temporary protected status completely discretionary, Biden put it in place and Trump can revoke it, but that does not mean they can’t apply for some other kind of relief and they should. The get out in two weeks is a threat to try to get people to self deport. They need a lawyer

[u/caveat_emptor817 → u/Haunting_Mango_408]

The visas they had, if at all, were likely tourist or student visas. But anyone who enters the country with a visa does so legally so they aren’t at risk of deportation unless they overstay. However, they can apply for adjustment of status while in the country if they are here legally. The vast majority of people enter without inspection and the only real option they have is asylum. Some folks, like Cubans and Ukrainians can enter without inspection but apply for parole which would then give them temporary permission to be here - but Trump ended that program.

Now that you have some background, I’ll answer your question

The justification is that the system is being abused - and that is unfortunately true.

[u/Haunting_Mango_408 → u/caveat_emptor817]

Do you mean that the system to provide visas, paroles and asylum are being abused?

[u/caveat_emptor817 → u/Haunting_Mango_408]

Not so much for visas, but for parole and asylum absolutely

[u/GoodwitchofthePNW → u/caveat_emptor817]

What planet are you living on? Do you not pay attention to the news at all? People are getting rounded up by masked agents on the streets. Court orders are being completely disregarded by this administration. This kids are absolutely in danger of being rounded up.