OT - Barchi letter on undocumented immigrants

[retired711]

I'm posting this because I just got it and I thought it might be of interest. Mods: feel free to send over to current events board if you think it's not appropriate here.


Dear Members of the Rutgers Community,

The presidential election has raised pressing questions about the status of immigrants and their families at universities across the nation. These questions touch many members of our community, and I thank all who have encouraged robust and healthy dialogue to address them over the last month.

I write today in response to a number of recent inquiries seeking clarification of the University’s position on protecting the rights both of undocumented students in our community and of the entire student population at Rutgers. This communication brings together in one place the key positions of the University in this important area.

Rutgers has taken a leading position in support of maintaining privacy for our students, advocating for the continuation of Deferred Action for Childhood Arrivals, and ensuring that we continue to provide a safe place for all students to live and learn.

Some have called for the use of specific descriptive designations regarding our position. However, in today’s political environment, terms such as “sanctuary campus” have no legal meaning and are encumbered by vague and shifting definitions and political connections. At Rutgers, we must be focused on policy and principles, not labels. But make no mistake: by providing a safe haven for our students, regardless of nationality or background, Rutgers is and will always be a sanctuary that supports and enables their education, intellectual growth, and personal well-being.

Below are the policies that are now in place regarding questions of immigration and undocumented students at Rutgers:

Rutgers University will continue to steadfastly protect the privacy of all our students and their records. Rutgers does not and will not share undocumented student records without a warrant, subpoena, or court order. We expect all persons associated with the University to protect student privacy and confidentiality as well. Furthermore, Rutgers University will insist that any engagement with Immigration and Customs Enforcement on our campus follow due legal process, including requiring a warrant where appropriate.

Rutgers University will continue to vigorously advocate for the continuation of Deferred Action for Childhood Arrivals policy. As president, I have publicly co-signed a letter through the AAU supporting the continuation of this policy. In New Jersey, undocumented students who graduate from New Jersey high schools receive in-state tuition by the state’s Dream Act, not by federal law. The University also strongly supported this legislation and will strenuously oppose any efforts to rescind it.

Rutgers University police do not inquire into nor record the immigration status of students or other persons unless a serious crime has been committed.Rutgers University does not use E-verify for any purposes other than to comply with longstanding federal law regarding employment eligibility. Immigration status is not a factor in student housing decisions.

All Rutgers students, regardless of their location, have access to the services of our Immigrant Rights Clinic, run by our law school faculty. The Clinic can provide confidential guidance on questions regarding immigration law. Students who feel anxious or upset may always seek assistance from counseling professionals at the student health services locations across the University.

I look forward to our continued dialogue on this important topic. These issues are likely to shift over the coming months, and Rutgers will remain proactive in ensuring that we are supportive of student needs. Thanks again to all who have raised questions and fostered conversation over the past several weeks.

Sincerely,

Robert Barchi

 

[retired711]

I'm posting this because I just got it and I thought it might be of interest. Mods: feel free to send over to current events board if you think it's not appropriate here.


Dear Members of the Rutgers Community,

The presidential election has raised pressing questions about the status of immigrants and their families at universities across the nation. These questions touch many members of our community, and I thank all who have encouraged robust and healthy dialogue to address them over the last month.

I write today in response to a number of recent inquiries seeking clarification of the University’s position on protecting the rights both of undocumented students in our community and of the entire student population at Rutgers. This communication brings together in one place the key positions of the University in this important area.

Rutgers has taken a leading position in support of maintaining privacy for our students, advocating for the continuation of Deferred Action for Childhood Arrivals, and ensuring that we continue to provide a safe place for all students to live and learn.

Some have called for the use of specific descriptive designations regarding our position. However, in today’s political environment, terms such as “sanctuary campus” have no legal meaning and are encumbered by vague and shifting definitions and political connections. At Rutgers, we must be focused on policy and principles, not labels. But make no mistake: by providing a safe haven for our students, regardless of nationality or background, Rutgers is and will always be a sanctuary that supports and enables their education, intellectual growth, and personal well-being.

Below are the policies that are now in place regarding questions of immigration and undocumented students at Rutgers:

Rutgers University will continue to steadfastly protect the privacy of all our students and their records. Rutgers does not and will not share undocumented student records without a warrant, subpoena, or court order. We expect all persons associated with the University to protect student privacy and confidentiality as well. Furthermore, Rutgers University will insist that any engagement with Immigration and Customs Enforcement on our campus follow due legal process, including requiring a warrant where appropriate.

Rutgers University will continue to vigorously advocate for the continuation of Deferred Action for Childhood Arrivals policy. As president, I have publicly co-signed a letter through the AAU supporting the continuation of this policy. In New Jersey, undocumented students who graduate from New Jersey high schools receive in-state tuition by the state’s Dream Act, not by federal law. The University also strongly supported this legislation and will strenuously oppose any efforts to rescind it.

Rutgers University police do not inquire into nor record the immigration status of students or other persons unless a serious crime has been committed.Rutgers University does not use E-verify for any purposes other than to comply with longstanding federal law regarding employment eligibility. Immigration status is not a factor in student housing decisions.

All Rutgers students, regardless of their location, have access to the services of our Immigrant Rights Clinic, run by our law school faculty. The Clinic can provide confidential guidance on questions regarding immigration law. Students who feel anxious or upset may always seek assistance from counseling professionals at the student health services locations across the University.

I look forward to our continued dialogue on this important topic. These issues are likely to shift over the coming months, and Rutgers will remain proactive in ensuring that we are supportive of student needs. Thanks again to all who have raised questions and fostered conversation over the past several weeks.

Sincerely,

Robert Barchi

Here is the AAUP's statement praising Barchi's letter:

Dear Craig N Oren,

We have done it! On behalf of the AAUP-AFT faculty union, we write to commend the President of the University on his new statement to protect our undocumented students. Yesterday, he clarified and strengthened the assurances in his earlier message of November 15th (issued in anticipation of the rally on November 16th). He has put in place measures equal to those of the declared “sanctuary campuses.” In its effect, President Barchi's newly released position places Rutgers University alongside Columbia University and the University of Pennsylvania as a "sanctuary." President Barchi wrote, “Rutgers is and will always be a sanctuary that supports and enables their [undocumented students’] education, intellectual growth, and personal well-being.”

Throughout this process, Old Queens expressed its own goodwill, while responding positively to activism on the part of faculty and students. Almost 2000 of us marched on November 16th. More than 3600 members of the university community signed the faculty-initiated petition for a sanctuary campus, and a number of departments endorsed that petition. We encourage departments and schools to affirm their solidarity with Rutgers as a sanctuary for undocumented students. This week, however, is just the beginning. We continue to support the efforts of students and faculty to affirm and defend a sanctuary campus. (For those of you interested in the nitty-gritty of pro-sanctuary activism, we review how all this unfolded at the end of this message.)

The AAUP-AFT took up the struggle for a sanctuary campus acting in the best tradition of the union movement which insists that “An injury to one is an injury to all.” If we allow one segment of our campus community to be targeted, it makes us all more vulnerable to the Trump agenda.

We will continue to resist this agenda, which impacts all of us regardless of ethnicity, nationality, gender, race, religion or sexual orientation. The union will be sponsoring buses to Washington, D.C. for the Women’s March on Washington planned on Saturday, January, 21. Please look out for details in a forthcoming email.

Tonight, do come out to our holiday party at Pino’s in Highland Park from 4:30pm – 7:00pm (13 N. 4th Ave). Let's raise a glass to our activism and our ongoing commitment to social and economic justice.

In solidarity,
David and Deepa

David M Hughes
President, Rutgers AAUP-AFT
Professor of Anthropology

Deepa Kumar
Vice-President, Rutgers AAUP-AFT
Associate Professor of Journalism & Media Studies

Here is how the events unfolded:

At the beginning of this week, the Union requested answers from the Administration on a number of material ambiguities in his earlier message:

1. Would Old Queens release student records to the federal government only upon presentation of a court order, warrant, or subpoena - or whenever, as President Barchi put it, “required by law”?
2. Would the Administration continue to allow DACA students to pay in-state tuition?
3. Would the Administration supplement its immigration law clinics in Newark and Camden by creating a similar facility in New Brunswick?

Additionally, we pleaded that President Barchi signal his forthrightness by:

4. Declaring Rutgers University to be a “sanctuary campus.”

Late that afternoon, President Barchi wrote back to the two of us – as well as to the entire Union membership. That message conceded Points 1 and 2 immediately. The following afternoon, Tuesday, faculty and students converged at the Board of Governor’s meeting. We presented the petition for a sanctuary campus. The faculty members who spoke to the BOG mostly congratulated President Barchi on these steps. Students from Cosecha, UndocuRutgers, and the Rutgers One Coalition staged a sit-in to demand Point 4 and:

5. That the Administration interdict the physical presence of the officers of ICE (Immigration and Customs Enforcement) from the Rutgers campuses.

In the intervening days, we have been in communication with President Barchi and with our Union’s legal counsel, Steven Weissman, to determine the status and way forward on Points 3-5. To our joy, President Barchi conceded Point 5 in yesterday’s message to the entire university community.

He did not agree to Point 3, as the Administration believes that the Newark and Camden clinics can serve students statewide. Here the Union – or really its allies in the legal community – can fill the gap. Weissman & Mintz, the law firm that represents ourselves and many other unions in New Jersey, is working with our members in the Rutgers Law immigration clinics, other lawyers, law firms and civil liberties groups in the state to build a pro bono legal network to provide legal counseling and representation to organizations and individuals, including undocumented students and residents, whose rights will be under attack by the incoming Trump Administration. This network will surely offer to undocumented students statewide support equivalent to that of our law clinics. We thank our Rutgers Law membership for its strong support.

With all these items in place, the only outstanding issue is Point 4, the actual designation of Rutgers as a “sanctuary campus.” President Barchi, as he writes, is reluctant to embrace that label. Nonetheless, the other four items actually meet or exceed the standards of the “sanctuary campuses” of Columbia University and Penn. Those administrations did not pronounce the term “sanctuary campus” either. Without necessarily intending to do so, President Barchi has made Rutgers, in fact, a sanctuary campus. After all he promised in his letter, “Rutgers is and will always be a sanctuary that supports and enables their [undocumented students’] education, intellectual growth, and personal well-being.”

At the end of the day, with President Barchi, we have built a legal wall of welcome, protecting our undocumented students from a newly hostile government. As it has become increasingly necessary to do, we mobilized students, faculty, and the administration for social justice and in defense of the most vulnerable among us.

Rutgers AAUP-AFT
11 Stone Street
New Brunswick, NJ 08901
Office phone: (732) 964-1000
Main union email address: aaup@rutgersaaup.org
Website: www.rutgersaaup.org

Sent via ActionNetwork.org. To update your email address or to stop receiving emails from Rutgers AAUP-AFT, please click here.

 

[jerseyjustin]

Yeah but we went 0-9 in the Big Ten this year so it really doesn't matter. Still a nice gesture by Barchi.

#FireAsh

 

[vkj91]

Why schools even need to come out with a stance about thisbis stupid. RU doesn't ask for immigrations status on applications and as a result shouldn't ask after acceptance without a cause or warrant.

 

[RUhasarrived]

He's in a difficult spot here,as almost all law abiding citizens do not congratulate people for obeying the law.It's much easier to give in to the squeaky wheel.

 

[krup]

Why schools even need to come out with a stance about thisbis stupid. RU doesn't ask for immigrations status on applications and as a result shouldn't ask after acceptance without a cause or warrant.

It sounds like out of state students should just consider themselves "undocumented New Jerseyans" and lie about their residency to get lower tuition if no one is checking anything.

Or is there is a double standard and state residency is being double checked while federal immigration status is just unquestioningly accepted?

 

[vkj91]

It sounds like out of state students should just consider themselves "undocumented New Jerseyans" and lie about their residency to get lower tuition if no one is checking anything.

Or is there is a double standard and state residency is being double checked while federal immigration status is just unquestioningly accepted?

Well than your fight should be that immigration status be required on applications just like residency is.

 

[Caliknight]

His first sentence is incorrect. No one has any questions about immigrants. Many have numerous questions about illegal immigrants.

 

[theRU]

This is bullcrap...and how any LEGAL CITIZEN of the US could be for these bs policies is beyond me. We 99% have it hard enough as it is... why are we making it harder on ourselves.

 

[MulletCork]

If you are not a tax paying, legal citizen of this country, you deserve zero rights here whatsoever.

 

[NickKnight 1]

Another coward,

 

[RUScrew85]

You spelled Illegal Aliens wrong.

 

[RUScrew85]

It sounds like out of state students should just consider themselves "undocumented New Jerseyans" and lie about their residency to get lower tuition if no one is checking anything.

Or is there is a double standard and state residency is being double checked while federal immigration status is just unquestioningly accepted?

Yeah how do you get credit NJ instate tuition when you aren't even a legal resident of the country jersey is part of? SMH.

 

[Terry_2426]

Given the subject, the irony of this line made me chuckle: "Rutgers University will insist that any engagement with Immigration and Customs Enforcement on our campus follow due legal process"

 

[T2Kplus10]

I'm posting this because I just got it and I thought it might be of interest. Mods: feel free to send over to current events board if you think it's not appropriate here.

Dear Members of the Rutgers Community,

The presidential election has raised pressing questions about the status of immigrants and their families at universities across the nation. These questions touch many members of our community, and I thank all who have encouraged robust and healthy dialogue to address them over the last month.

I write today in response to a number of recent inquiries seeking clarification of the University’s position on protecting the rights both of undocumented students in our community and of the entire student population at Rutgers. This communication brings together in one place the key positions of the University in this important area.

Rutgers has taken a leading position in support of maintaining privacy for our students, advocating for the continuation of Deferred Action for Childhood Arrivals, and ensuring that we continue to provide a safe place for all students to live and learn.

Some have called for the use of specific descriptive designations regarding our position. However, in today’s political environment, terms such as “sanctuary campus” have no legal meaning and are encumbered by vague and shifting definitions and political connections. At Rutgers, we must be focused on policy and principles, not labels. But make no mistake: by providing a safe haven for our students, regardless of nationality or background, Rutgers is and will always be a sanctuary that supports and enables their education, intellectual growth, and personal well-being.

Below are the policies that are now in place regarding questions of immigration and undocumented students at Rutgers:

Rutgers University will continue to steadfastly protect the privacy of all our students and their records. Rutgers does not and will not share undocumented student records without a warrant, subpoena, or court order. We expect all persons associated with the University to protect student privacy and confidentiality as well. Furthermore, Rutgers University will insist that any engagement with Immigration and Customs Enforcement on our campus follow due legal process, including requiring a warrant where appropriate.

Rutgers University will continue to vigorously advocate for the continuation of Deferred Action for Childhood Arrivals policy. As president, I have publicly co-signed a letter through the AAU supporting the continuation of this policy. In New Jersey, undocumented students who graduate from New Jersey high schools receive in-state tuition by the state’s Dream Act, not by federal law. The University also strongly supported this legislation and will strenuously oppose any efforts to rescind it.

Rutgers University police do not inquire into nor record the immigration status of students or other persons unless a serious crime has been committed.Rutgers University does not use E-verify for any purposes other than to comply with longstanding federal law regarding employment eligibility. Immigration status is not a factor in student housing decisions.

All Rutgers students, regardless of their location, have access to the services of our Immigrant Rights Clinic, run by our law school faculty. The Clinic can provide confidential guidance on questions regarding immigration law. Students who feel anxious or upset may always seek assistance from counseling professionals at the student health services locations across the University.

I look forward to our continued dialogue on this important topic. These issues are likely to shift over the coming months, and Rutgers will remain proactive in ensuring that we are supportive of student needs. Thanks again to all who have raised questions and fostered conversation over the past several weeks.

Sincerely,

Robert Barchi

This is pretty much a silly statement/topic. If any US President wants to enforce immigration laws to the fullest extent, there is nothing a university or city can do to prevent it.

 

[StyleKnight]

So I have been paying NJ taxes my entire life and someone can come here illegally and pay the same state tuition as my kids. When it is spelled out for you like that it really hurts.

 

[StyleKnight]

This is pretty much a silly statement/topic. If any US President wants to enforce immigration laws to the fullest extent, there is nothing a university or city can do to prevent it.

The federal government doesn't have the manpower to enforce immigration laws. The only they could do it would be with the assistance of local police. Rutgers police will not be assisting the feds.

 

[T2Kplus10]

The federal government doesn't have the manpower to enforce immigration laws. The only they could do it would be with the assistance of local police. Rutgers police will not be assisting the feds.

They don't have the manpower under Obama, but that can easily change. Or the new President can target resources on all the publicly proclaimed "sanctuary cities/universities" to make a point. Once again, if the President wants it, nothing can stop him.

 

[LC-88]

So I have been paying NJ taxes my entire life and someone can come here illegally and pay the same state tuition as my kids. When it is spelled out for you like that it really hurts.

Or worse yet, they get your kid's spot.

 

[OntheBanks]

How does an illegal immigrant get a student loan from the federal government? If they can now, fix it using e-verify in the application process.

 

[RUfromSoCal?]

WTF is an undocumented student?

 

[ashokan]

All Rutgers students, regardless of their location, have access to the services of our Immigrant Rights Clinic, run by our law school faculty.

Robert Barchi

Rutgers Law School, Newark -- The Immigrants Rights Clinic, Staff Attorney/Fellow
http://www.cleaweb.org/Jobs/3842661

 

[brgRC90]

He seems to be mostly saying we abide by the law. Nobody should have a problem with that.

 

[KnightsofChrome]

He seems to be mostly saying we abide by the law. Nobody should have a problem with that.

No, he is saying that Rutgers has a don't ask, don't tell policy. And, that is deflection of the law, which we all should adhere to. "Undocumented" students are illegal, and there is no spin that can change that simple fact. And, under our Federal laws should be prosecuted, not protected.
Now, that I have no problem with.

 

[MozRU]

He is saying we are following the letter of the law. No issues


Moz will add his 2 cents:
Without walls the entirepopulation of planet earth will descend on a few nations; a few nations who provide a bill of rights and gov'ts who cannot repress its citizens. Laws that won't allow fellow citizens to repress other citizens. Without walls, their will be chaos. Defend the 2nd amendment or face tyranny.

 

[MozRU]

No, he is saying that Rutgers has a don't ask, don't tell policy. And, that is deflection of the law, which we all should adhere to. "Undocumented" students are illegal, and there is no spin that can change that simple fact. And, under our Federal laws should be prosecuted, not protected.
Now, that I have no problem with.

Isn't illegal to ask of ones' status?

 

[jtung230]

If you are not a tax paying, legal citizen of this country, you deserve zero rights here whatsoever.

But you can become president.

 

[RU4Real]

 

[theRU]

But you can become president.

this is such crap and if you dont realize it then you are an idiot. Trumps following the policies same way RU wants to follow obama's immigration policy. Plus if you factored in how many taxes the Clinton's circumvented with their foundation they blow trump away.

 

[bac2therac]

This is bullcrap...and how any LEGAL CITIZEN of the US could be for these bs policies is beyond me. We 99% have it hard enough as it is... why are we making it harder on ourselves.

because people keep falling for the fearmongering from the MSM and people like Clinton/Obama

 

[ashokan]

WTF is an undocumented student?

When I was in college it meant I didn't have my papers finished lol

 

[AshSaturday]

REMINDER. ONE OF THE 4 "ORIGINAL" WORLD TRADE CENTER BOMBERS (WHO SERVED AS MOTIVATION FOR 9/11) WAS A RUTGERS TRAINED ENGINEERING GRAD whom I'm sure made many of his contacts for the bombing (centered in Jersey City w the Blind Sheik) while at RU.

By the way to note (believe it or not) though I'm half convinced 9/11 was an "inside job" -in 2007 I reported to Middlesex police suspicious activities including possible recruitment by a middle eastern looking guy in the local 7/11. Went to the police whom I gave a partial phone and license plate. Before I left 60+ minutes later the police told me I had given them "valid information"-and the vehicle was from Jersey City.

In my opinion students who are or children of ILLEGAL immigrants DO NOT have citizenship rights-and thus SHOULD NOT BE TAKING SPORTS OF OTHER IN AND OUT OF STATE potential students. It's real easy to "lose yourself" even on a student visa (Ok I guess as long as one follows rules and is vetted).

Immgration is the one issue that I hoped Trump would deal with if he got in. HE WON.
IN NJ t isn't illegal uneducated Mexicans from the border (note Ive been in bad hotels for 18 months now and have had illegal janitor types complain about the lack of jobs)-it's well educated Asian Indians (amongst else) who lie, short circuit the curt system (backing up courts) and become citizens (taking away much mid-upper level jobs and using valuable resources).

 

[irishflu92]

A prospective employer can't even ask the citizenship status of candidates for a job. My company was fined by the Feds for advertising a job opening and saying that applicants had to be US citizens. Why does the Federal government spend so much effort protecting people who aren't even citizens at the expense of the citizens?

 

[gef21]

A prospective employer can't even ask the citizenship status of candidates for a job. My company was fined by the Feds for advertising a job opening and saying that applicants had to be US citizens. Why does the Federal government spend so much effort protecting people who aren't even citizens at the expense of the citizens?

Under The Constitution anyone on US soil (illegal, legally visiting, or a citizen) is granted all rights minus those specifically listed to citizens. I am not picking sides I am just stating a fact that the Constitution protects all people here and grants them numerous rights (upheld by multiplecourt decisions).

 

[KnightsofChrome]

Isn't illegal to ask of ones' status?

No. Any law enforcement officer, may ask for proof of permanent residence status at any time he/she feels it necessary. It just isn't done.
As far as a school asking for legal residence, there is no law which states that it must be asked by school officials, unless applying for Title IV funds(financial aid).The school can choose not to ask any student for documentation, but could get into issues, when deciding out of state status.

 

[Caliknight]

Because the current administration is more concerned with being globalists than they are about America.

To them, then citizens of this country mean no more than the citizens of others. In some cases, actually less.

Thankfully that is changing. Rapido.

 

[MADHAT1]

because people keep falling for the fearmongering from the MSM and people like Clinton/Obama

Like Trump is the most honest man on the planet and he never benefited personally from the Trump Foundation.
Fearemongering was perfected by ultra conservative sites meant to make fake news look the truth and wound up having the gullible vote the way Russia wanted them to.

 

[KnightsofChrome]

Like Trump is the most honest man on the planet and he never benefited personally from the Trump Foundation.
Fearemongering was perfected by ultra conservative sites meant to make fake news look the truth and wound up having the gullible vote the way Russia wanted them to.

LMAO

 

[RUhasarrived]

Trump needs to do FDR on steroids and enlarge the Supreme Court to the size of a grand jury,23.

 

[AshSaturday]

Under The Constitution anyone on US soil (illegal, legally visiting, or a citizen) is granted all rights minus those specifically listed to citizens. I am not picking sides I am just stating a fact that the Constitution protects all people here and grants them numerous rights (upheld by multiplecourt decisions).

Maybe in this age the Constitution needs to be changed.