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Election Debrief

Join us for a comprehensive discussion on the U.S. law & policy process, discrimination, and the impact of campaign rhetoric on policy changes. Presenters include experts in immigration law, discrimination, and campus resources.

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Election Debrief

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  1. Election Debrief

  2. Understanding the U.S. law & policy process • Discrimination and/or harassment • Rhetoric and accurate information • Possible impacts • Resources • Q & A

  3. Presenters • Chalimar Swain, Director, ISSS • Sherrie Hayashi, Director, OEO/AA • Edmund Fong, PhD • Ethan Webster, ISSS Advisor • Sui Zhang, University Counseling Center

  4. U.S. Law and Policy Processes • Dr. Edmund Fong • Political Science/Ethnic Studies

  5. How is immigration law and policy made? • Immigration laws and policies come from different sources. For example, the State Department, USCIS, and SEVP all create policy based on immigration law. • There are multiple checks and balances during the law and policy process. Laws and policies are made by different divisions of the government, to provide a more balanced approach. • Additionally, any new law can be challenged in the court system, which can either slow down or stop implementation.  

  6. There are three general ways laws and policies are created in the United States.

  7. Three ways laws are made in the U.S.: • 1. Congressional lawmaking: Congress creates proposed laws.  They vote to decide which proposed laws will become part of the Federal Code (official U.S. law). 

  8. 2. “Rulemaking” by agencies: agencies decide how they will interpret and enforce laws made by Congress.  • Laws are often vague and allow for interpretation.  Agencies decide exactly what is meant and intended by each part of a law through the Rulemaking process. • Agencies must publicly share what rules they would like to make, and give the public time to give comments and suggestions.  Then, they review the public comments and suggestions and publish a final rule.  This process can take a long time- often a year or more.

  9. 3. Executive Discretion • The President is the head of the Executive branch of government.  The President can write Executive Orders to reflect the priorities of the Administration.  For example, President Obama wrote an Executive Order to create DACA.  When a new President is elected, she or he can change Executive Orders that the previous President created.  • *The President has some limits on the type of Executive Orders they can create.  For example, they cannot create an Executive Order that violates the Constitution.

  10. What changes might we see? • Laws created by Congress are very difficult to change. So it is less likely that programs based on laws created by Congress, especially those that have been in existence for a long time such as the different types of visas and the laws governing those visa types, will be eliminated or changed substantially. • For example, the F-1 student visa laws were created with support from both parties, by Congress. So it is unlikely that the F-1 student visa will be eliminated or will change substantially. • The J Visa Program also has broad bi-partisan (both political parties) support and is based on laws that were created years ago.   For more possible changes, see the “Impacts” section of this presentation and the Q& A.

  11. Discrimination and Harassment • Sherrie Hayashi, Director • Office of Equal Opportunity and Affirmative Action

  12. WELCOME Office of Equal Opportunity & Affirmative Action

  13. What We Do • Oversee the University’s nondiscrimination policies • Serve as the ADA/Section 504 & Title IX Coordinator • Education and Training • Investigations • ADA Accommodations for employees and visitors

  14. Prohibited Discrimination • Race • National Origin • Color • Religion • Age • Veteran’s Status • Genetic Information • Status as a Person with a Disability • Gender Identity/Expression • Sexual Orientation • Sex • Pregnancy Discrimination • Sexual Harassment • Sexual Misconduct

  15. Retaliation Is Prohibited! A person cannot be retaliated against for: • Reporting discrimination • Objecting to a discriminatory practice • Participating in a discrimination complaint investigation • Requesting a disability accommodation

  16. Examples of Discrimination • Use of racially derogatory words, phrases, epithets • Expressing negative stereotypes regarding a person’s birthplace or ancestry • Negative comments about a person’s religious beliefs (or lack of religious beliefs) • Refusing to accommodate one religion while accommodating another • Refusing to help someone because of their inability to speak English, have an accent, etc. • Refusing to acknowledge or respect a person’s gender identity or insisting on conformance with gender stereotypes

  17. THANK YOU! Contact the OEO/AA 801-581-8365 135 Park Building OEO.Utah.edu oeo@Utah.edu

  18. Campaign Rhetoric vs. Policy Changes • What is rhetoric? • Kenneth Burke: "The most characteristic concern of rhetoric [is] the manipulation of men's beliefs for political ends....the basic function of rhetoric [is] the use of words by human agents to form attitudes or to induce actions in other human agents.“ • Philip Johnson: "Rhetoric is the art of framing an argument so that it can be appreciated by an audience." • Rhetoric is usually intended to energize and rally supporters, and isn’t necessarily accurate.

  19. Finding Accurate Information: Which one is fake?

  20. FindingAccurateInformation: Which one is fake? ANSWER: BOTH ARE FAKE!

  21. Finding Accurate Information • Is it recent? What is the date? • Is it from a trusted news source? (BBC, NPR, etc) • Is this a blog or opinion article? • Read more than one news source and site • for well-rounded information • Lots of misinformation, opinion, speculation!

  22. Finding Accurate Information: When in doubt, look it up.

  23. Remember: • No government agency will request personal information over the phone/email. • No government agency will ask for money over the phone/email. • Be careful of deportation or “deportation protection” scams. • Always check and verify with ISSS staff.

  24. Possible Impacts • Increased immigration enforcement • Possible re-instatement of NSEERs • Possible increase in work visas • No major cut in numbers • Little clear direction or indication of policy, so much is unknown

  25. What Should You Do? • Know and follow the laws • Wait and watch- don’t make decisions yet • Consult trusted, accurate sources for information • Reach out, talk about feelings • Remember you are valuable and we want you here

  26. Q & A Please click on the “Q & A” documents on our website to see questions and answers from our live debrief sessions.

  27. Call, stop by, or email ISSS with further questions or concerns. We are here to support you! Thank You!

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