Immigration, Education, and the New Executive Orders: Tips, Tools, and Best Practices for Schools and Colleges Under the New Administration

Pre Recorded

  • 90 minutes

President Trump has signed a number of Executive Orders regarding immigration and the rights of non-citizens to remain in and enter the U.S. What does this mean for schools and colleges? Many schools and colleges, today, face the growing issue of educating students who are new to the United States and who may, in addition to cultural and socioeconomic struggles, face challenges as English language learners. Many have also adopted policies to become “sanctuary schools,” but what does that mean with the current administration? Do schools need to change their practices?    

This webinar highlights some of the key issues that schools and colleges, as both employers and educators, need to know. In this session, Atty. Erin Gilsbach takes a look at: 

  • The current legal rights of non-citizens and investigates what changes the new federal administration may effectuate with regards to the current status quo

  • Explanation of the new Executive Orders

  • Discussion of the different visa types and the rights of visa holders to attend school and colleges in the U.S. 

  • Discussion of the best practices with regards to such topics as school participation and federal immigration enforcement actions 

  • A detailed look at the rights of non-citizen students and how to equip schools, colleges and their leaders with the information needed to establish legally-compliant procedures and protect the rights of students. The session offers attendees both legal knowledge and practical solutions.

  • A look into the variety of federal and state laws protecting non-citizens, including the newly-enacted Every Student Succeeds Act (ESSA), as well as McKinney-Vento, are increasingly protective of these students and hold K-12 public schools to a high standard

  • This training discusses the black-letter law as well as provides an analysis of the areas of the law that may be subject to change and/or differing interpretation by this administration as compared to the previous federal administration

In addition, students with U.S. visa status, as well as those in the country as refugees and/or asylum-seekers, are increasingly applying to U.S. schools and colleges at the post-secondary level. Atty. Gilsbach discusses what schools and colleges need to do to be prepared for potential changes and provides best-practice tips and tools for schools and colleges that will enable them to establish legally-defensible policies and practices in these uncertain times.

Session Highlights:

In this session, Atty. Gilsbach will discuss the new immigration Executive Orders as well as K-12 and postsecondary legal obligations regarding: 

  • Analysis of Plyler v. Doe 

  • Undocumented immigrant students

  • Non-citizen students with J-1 and F-1 visa status

  • Considerations regarding students with visa status at the post-secondary level

  • Non-English speakers / English language learners

  • Migrant and highly-mobile students

  • The requirements and applicability of McKinney-Vento

  • Privacy rights of non-citizen students

  • Legal rules, obligations, and best practices for schools and colleges regarding citizenship investigations and questions pertaining to student legal status

  • Practical tips and tools for schools and colleges to use when addressing issues like ICE investigations, decisions regarding sanctuary school status, and policy decision-making  

Why You Should Attend:

The issue of immigration law, particularly with regards to education, ICE investigations, and sanctuary cities, schools and colleges, is making national headlines almost daily. With all of this media attention, schools and colleges often have more questions than answers, and there is little concrete information being presented about what schools and colleges should be doing and what legal obligations might be changing. This session was designed to present timely, practical information and discuss current events in light of schools and colleges' legal obligations.  

Who Should Attend:

Postsecondary Schools (Colleges and Universities)   

  • College Presidents

  • Deans of Students

  • Central Administration

  • Faculty / Student Advisors

  • Student Services Personnel

  • Campus Security/Police

  • Office Staff / Registrar

  • Department Chairs   

K-12 (Elementary and Secondary) School

  • School Administrators

  • Building Principals

  • Superintendents

  • Guidance Counselors

  • Faculty/Teachers

  • Directors of Special Education

  • Directors of Pupil Services

  • Deans of Students 

  • School Social Workers

  • School Security/Safety Officers

  • Main Office Staff / Staff Handling Registration

  • ESL Faculty / Coordinators 

This topic is extremely timely, and there are many questions regarding it in the news media. Few institutional attorneys are familiar with both immigration and education aspects of the law, so there is a great deal of confusion and misinformation regarding the true current state of the law. This session is designed to dispel misinformation and present accurate, timely, helpful information in a succinct and easy-to-digest manner.

Erin  Gilsbach

Erin Gilsbach

Erin D. Gilsbach, Esq., is one of the nation’s foremost experts on thetopic of immigration and education law. She has presented on this topic at the National School BoardsAssociation annual conference, the Education Law Association annual conference,and the North Dakota School Boards Association annual conference.  Atty. Gilsbach is an experienced speaker atthe state and national levels on this issue as well as many other issuesregarding Education and Education Law. She currently serves as the Director of Professional and Policy Developmentand an attorney with the PA-based law firm of King Spry Herman Freund &Faul and is a founding member of the Greyfriars Institute, a nonprofitaffiliate entity dedicated to providing quality professional education in thearea of school law to educators and school leaders. She provides legal representation and/orprofessional development to over 150 Pennsylvania schools. In her practice,Atty. Gilsbach emphasizes a proactive approach to legal defensibility forschools by helping them to create procedures, administrative regulations andboard policies that are developed not only upon consideration of statutory andregulatory requirements but also the best practices and common pitfalls foundwithin the facts of applicable caselaw.  

Voted a Rising Star Attorney by her peers inSuperlawyers and Philadelphia magazines for the past four years, Atty. Gilsbachserves as President-Elect of the PA School Boards Solicitors Association. She began her career as a public high schoolEnglish teacher. Prior to joining King Spry and the Greyfriars Institute, sheserved for over two years at the Pennsylvania Department of Education's Officeof Chief Counsel.

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