Law Commons^™

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not …

Navigating Graduate School: Resource Guide For Undocumented Students, Sheila Cook, Iva Gaylord

Immigration Law & Policy Practicum Projects

This guide will detail the legal and practical concerns of undocumented students who are contemplating or currently pursuing a graduate school education. Each section is divided into important milestones that occur during the graduate school process. Topics addressed include the application process, accessing financial aid, transportation, employment, taxes and resources for support. The focus of this guide is to provide insight and recommendations to the undocumented population in relation to graduate school and life after graduation. Extensive guides and resources currently exist for undocumented students who have received DACA protection, equivalent resources and guides are scarce for undocumented graduate students …

Dreamcatcher: How California Can Protect Its Daca Recipients’ Work Authorization, Eddie Corona, Kyle Heitmann

Immigration Law & Policy Practicum Projects

This memorandum details the legal means by which the State of California may enact work authorization for DACA recipients in the event the program is rescinded. Using similar, previous state-level initiatives as inspiration, this memo examines the parameters constraining possible legislative action. Because work authorization is federally regulated, these constraints include preemption and supremacy clause limitations on state and local lawmaking. This means that, if DACA is rescinded, California could pass a law allowing former recipients to continue working. However, because of the Supremacy Clause, California would need permission from the federal government to implement the bill. After explaining the …