Undocumented Aliens vs. Undocumented Vaccinations

Screen grab from the University of Virginia website: “DACA & Undcoumented Student Resources.”

by Walter Smith

Prior to the fall 2021 semester, the University of Virginia disenrolled 238 students, including 49 who had already registered for classes. What was their offense? Take a guess.

  1. Entering and residing in the country illegally, or
  2. Refusing to get COVID vaccinated in violation of a university policy that has since been overturned.

If you answered (2), you have been paying attention. If you also knew that UVa had declared in June 2020 that Deferred Action for Childhood Arrival (DACA) status no longer disqualified an applicant from attending the university, you are really on top of things.

“Our mission as a university is to attract outstanding students who will make our community stronger and the world a better place,” said UVa President Jim Ryan in this June 2020 article. “We should be open to all qualified applicants – and this decision is an important step in the right direction.”

Solicitude to “all” qualified applicants did not extend to those who presented no documentation of vaccinations and boosters. University policy compelled “all students attending in the Spring 2022 semester … to upload proof” — documentation, if you will — “of an approved booster shot to the HealthyHoos patient portal” or face expulsion. 

Curious about the disparity, I filed a Freedom of Information Act request for documents that might illuminate Ryan’s contention that UVa would be made  “stronger” by admitting illegal aliens. The response: UVa had no such documents. In other words, Ryan’s quotes were empty virtue signaling.

More serious was my FOIA request for documents generated by a working group that devised the DACA policy and explored ways to arrange, without UVA’s “official” assistance, private financial support for undocumented immigrants. Given my experience with UVa stonewalling of FOIA requests, it came as no shock when the university claimed that everything — excepting only emails announcing that meetings would be held, and even they were redacted — was attorney-client privileged.

That excuse seems implausible to this recovering lawyer. Was the working group dispensing legal advice… or formulating policy? The presence of lawyers in a policy-making group does not cloak all of of its deliberations in the mantle of legal advice. Something is privileged only if it addresses a legal question in response to a client. For example, two faculty members from the law school served on UVa’s free speech committee last year, and they addressed legal issues pertaining to the university, but UVa did not claim legal privilege. (Instead the university claimed that all documents were part of Ryan’s working papers.)

The FOIA request did eventually cough up a document alluding to the “undoc ally” movement at UVa. Following that thread, I figured out how UVa’s DACA policy came to be. A UVA faculty initiative known as undocUVA formed soon after President Trump’s 2016 election. Three hundred and forty-one faculty members (only one of them from the law school) urged then-President Teresa Sullivan to protect the so-called “Dreamers.” Sullivan then declared that, as part of its diversity and inclusion mission, UVa must protect those who entered the country illegally as children. Outreach to the undocumented broadened under Ryan. UVa makes multiple resources, including in-state tuition, available to DACA students as described at this university website.

Meanwhile, there have been few issues nationally as controversial as COVID lockdowns, masking and “vaccines.” Efforts to control the spread of the virus have raised innumerable questions about the balance between civil liberties and the common good. While UVa faculty have rallied to advance the cause of undocumented residents, has a single faculty initiative emerged from UVa to protect the rights of actual American citizens affected by lockdowns? Has a single law-school, economics or medical professor expressed the slightest objection in any way?

No. There hasn’t been a peep.

Where are the op-eds and profiles in the Cavalier Daily and UVA Today? Where are the go-fund-me’s? What COVID restrictions have law professors taken on as a civil rights project?

What does this silence say about intellectual diversity and freedom of speech at UVa? Hundreds of faculty can rally to admit students who broke federal law when they entered the country but none can speak against COVID policies, now acknowledged to be illegal, that led to the expulsion of 238 students?

One also might ask, what exactly has the Board of Visitors been doing these last five years? I suppose membership on the board means never having to say you’re sorry as long as you rubber-stamp everything Jim Ryan does to transform UVA into a woke public Ivy bereft of UVa’s historic distinctions and legacies.

Walter Smith is an attorney residing in Henrico County.

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43 responses to “Undocumented Aliens vs. Undocumented Vaccinations”

  1. Call them what they are — criminal foreigners. They broke into our nation illegally. PERIOD. FULL STOP. Calling them ‘undocumented aliens’ is like calling a burglar an ‘uninvited guest.’

    1. LarrytheG Avatar

      Kids who had no say in it and were brought into the country by others – broke the law? Right?

      1. walter smith Avatar
        walter smith

        Yes, Larry.
        The continued presence is against the law. And UVA expanded it beyond “DACA” to “undocumented.”
        Larry – what do you think of sanctuary cities? I’m sure you (like all Leftists) are good with that, right? Versus passing a law like the horrible, evil Jason Miyares suggests for a “vaccine” mandate…
        Actually, I’d like to see Miyares rule on those. We need to get back to the law, applied equally.
        Antifa and non-stop riots – AOK. A poor few rubes in the Capitol and no due process, no civil rights, throw the book at them. Full resources of the federal government…while “peaceful protesters” burning buildings and killing people is not a problem. Heckfire (as you like to say) CommieLa contributed to a bail fund for them.
        How about the recent DHS statement declaring people who disagree with the “government” as extremists?
        Have you now agreed to recite the mantra that masks don’t work and everybody knows it, or are you still waiting for permission from Joe Brandon?

        1. LarrytheG Avatar

          What’s the opposite of a leftist? A right-wing knucle-dragger?

          Can we agree on names for each other if I’m a ‘leftist” and you are a ____ ?

          Masks DO WORK Mr. rube. They REQUIRE them at all manner of places including hospitals and the like.

          On immigration – I am in favor of doing what Canada does which means in order to be hired, you have to have legal credentials and if someone hires you without those credentials E-Verify – you put THOSE FOLKS in jail ALSO.

          In terms of dreamers, I support them staying with requirements.

          Sorry, I’m not a right-winger knuckledragger.

          1. how_it_works Avatar

            The situation is “rapidly evolving”, but isn’t the latest advice from CDC that cloth masks don’t work very well and (K)N95 masks are recommended?

            It only took them what, 2 years to figure that out?

          2. LarrytheG Avatar

            It was not just the CDC, It is a lot of health experts and researchers – AROUND the world. No, they did not speak with one unified voice, there were lots of voices with various different guidance and advice but from a practical, common-sense point of view, it was always clear that masks have SOME level of efficacy – for christsake they have used them in health care settings for decades!



          3. tmtfairfax Avatar

            Did you read the expose of the CDC in the Atlantic magazine, part of the left MSM? The CDC is relying on studies that were not appropriately adjusted for a different, key variable — the level of vaccinations. I learned that in high school science.

            One cannot state a relationship between X and Z if there is another variable that could affect Z.

            The sad thing to me is that, when I came to the D.C. area in the mid-1980s, I was impressed by the quality of analysis backing up various advocacy positions. Few, serious efforts were devoid of facts and anslysis.

            Now all we see are conclusions, mainly emotional one, strung together.

          4. walter smith Avatar
            walter smith

            So now we move to masks have SOME efficacy…
            Seriously, you need to actually try to read something besides the DNC Daily Talking Points. Even the DNC is making “the pivot” because the SCIENCE! (of polling) is telling them it is time to MOVEON (like when Slick Willie diddles interns)

          5. LarrytheG Avatar

            I read the CDC and the hundreds of other credible and credentialed scientists – around the world.

            The ‘change” is coming because of politics… yes… not what the CDC and health experts are saying.

          6. walter smith Avatar
            walter smith

            The CDC and hundreds of other credible and credentialed…
            The CDC is not credible, but maybe, for once, you hit the nail on the head.
            There is a difference between credentialed and competent.
            What is being turned out of K12 and colleges is a mass of stupid, indoctrinated, in debt, pansies, unable to think their way out of a wet paper bag, and desperately needing to cling onto their bureaucratic government jobs to erase their worthless college debt for 10 years of “service,” so they will say and believe anything…
            Name 5 of your “hundreds”
            My only question for you Larry, in the world where men menstruate and compete in women’s sports and man can control the climate, is are you paid for spouting Dem inanity or not? If not, then I do have to dock you IQ points…

          7. LarrytheG Avatar

            The CDC is an organization that references hundreds of studies done by credentialed health care professionals – across the US and the Globe. you can choose who to believe on not and do but when you disregard the majority of health experts – and instead rely on your own view or those who lack knowledge, then that’s on you.

          8. LarrytheG Avatar

            The “science” is hundreds of researchers with dozens of peer-reviewed research. And you’re just plain wrong. If you talk to virtually any teacher who teaches young kids, they will tell you that they come to school in the winter with colds and coughs and sneezing and most teachers, sooner or later will get what the
            kids are bringing to school and it goes back other families.

            Kids get infections and spread them – true.

            The “pivot” is because the science says the virus is starting to decrease and the politics against are effective.

            but you seem to be such a partisan, that none of this makes much difference. You seem to enjoy attacking others.

          9. walter smith Avatar
            walter smith

            Truth is not partisan. It is true. That’s why it is called truth. Masks don’t work. The vaccine is not a vaccine and does not stop spread. It may, perhaps does, make the “vaccinated” more prone to Covid and have a lesser immune system. You don’t trust VAERS …now… and meanwhile, lifelong Democrats are warning about the “vaccine” and mandates and all sorts of overreach – Bobby Kennedy Jr, Naomi Wolf, Steve Kirsch, Dr. Malone, Dr. Kory… all voted for Biden, but now are evil liars…

          10. LarrytheG Avatar

            I trust VAERS but you’re misrepresenting how it works and that’s NOT the “truth” that you say you want.
            Further – there have been BILLIONs of shots around the world. Don’t you think if there was a problem, we’d know it ? You’re just over the top here guy. Your “sources for the ‘truth” says it all.

          11. walter smith Avatar
            walter smith

            You know more than Dr. Malone? Pierre Kory? Have you read any of their writings? Listened to any of them? Have you seen the Military data? The life insurance company data? What is frustrating is the data is out there and the purveyors of “truth” are the ones suppressing it.
            What are you going to do when Biden pivots in his barely able to read it State of the Union?
            Will your religious faith be shattered?
            Would that you had as much faith in Jesus as you do in the SCIENCE! of the CDC and your beloved “news” outlets?
            Let’s try a couple of Yes or No questions
            Is VAERS believed to be underreported?
            Are the deaths reported on VAERS greater than any number seen in the last 30 years?
            Do the deaths reported due to Covid exceed the reported deaths for the preceding 30 years?

            Why would that be?

          12. LarrytheG Avatar

            I trust research that is peer reviewed and support by more than one person, not individuals with “theories” or their own beliefs that are at odds with the science in general.
            I’m not understanding your infatuation with Biden to be honest. It’s demeaning and disrespectful for no real good reason IMHO. That’s why I don’t think we really have a whole lot to discuss to be honest. You’re just so far over on the political. I doubt seriously you even support most GOP, right?

          13. walter smith Avatar
            walter smith

            No you don’t Larry. You trust the government propaganda, when D’s control the government, and you will switch allegiance when the evil R’s return. There is an abundance of peer-reviewed evidence of effective therapeutics for the FuaciFundedFlu. And plenty of evidence showing danger of the “vaccine” which is not a vaccine. It is STILL EUA. How come Pfizer hasn’t brought over Comirnity? Could it be because it faces potential liability for an approved drug, but is protected from liability by EUA status? Is it evil for me to think that? Or is it possibly wise? Could our FDA/CDC/NIH be subject to regulatory capture? Is it too mean to ask?
            D’s have no problem thinking evil of OrangeMan and all Pubbies. I think all people are capable of evil. Because they are. So, I’m not as accepting of what seems like a pile of bovine excrement as you. I actually think for myself. And I could be a pain in the ass, but I will tell you what I honestly think. Faithful are the wounds of a friend…

          14. LarrytheG Avatar

            I trust peer-reviewed research – around the world regardless of politics – period. I do not trust individuals whose ‘research’ is questionable and not peer-reviewed.

            Walter, BILLIONS of doses of these vaccines have been given – to people in almost every country on the planet. Don’t you think that if there were real problems, we’d see them by now?

            You might “think” for yourself but you are so bound up in conspiracy theories and what not that “thinking for yourself” takes on a whole new meaning – IMHO.

            I trust science that is done by publishing research for other science to peer review – worldwide, to confirm or contradict , – not just the USA. I do not trust individuals who spout their own theories, and don’t have their research peer-reviewed and replicated.

            Having said that , I DO NOT think science has ever been 100% dead on correct all the time. It’s two-steps forward and one-step back – as studies may well not be 100% replicated… it takes time for it to play out. it’s a body of knowledge that evolves as more evidence is gathered over time, analyzed and confirmed.

            The idea that the CDC, FDA and science has to get it right – 100% – right away or else they are wrong or lying is just plain ignorant IMHO. And to run away from science towardsindividuals spouting wild-assed theories that no other researches can confirm is even more problematic and wackadoodle.

          15. walter smith Avatar
            walter smith

            Ok Larry. Cling to being blind on purpose.

          16. LarrytheG Avatar

            it’s the way the world really works Walter, no matter if it is about cancer or plate tectonics or genetics or any field of science. There are always quacks and folks who insist they are right and even make persuasive arguments but won’t publish their work and have it peer-reviewed and replicated. I trust the process where research is validated by others in the field.

          17. LarrytheG Avatar

            The Vaccine Adverse Event Reporting System (VAERS) is a United States program for vaccine safety, co-managed by the U.S. Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA).[1] VAERS is a postmarketing surveillance program, collecting information about adverse events (possible harmful side effects) that occur after administration of vaccines to ascertain whether the risk–benefit ratio is high enough to justify continued use of any particular vaccine.

            VAERS, the Vaccine Safety Datalink, and the Clinical Immunization Safety Assessment (CISA) Network are tools by which the CDC and FDA monitor vaccine safety[2] to fulfill their duty as regulatory agencies charged with protecting the public.

            As it is based on submissions by the public, VAERS is susceptible to unverified reports, misattribution, underreporting, and inconsistent data quality.[3] Raw, unverified data from VAERS has often been used by the anti-vaccine community to justify misinformation regarding the safety of vaccines; it is generally not possible to find out from VAERS data if a vaccine caused an adverse event, or how common the event might be.[4]

          18. Canada also uses a ranking system of points to determine if you can come into the country — the US must do this to keep the rift raft out [you don’t get any points for being MS13]


          19. LarrytheG Avatar

            all in all, Canada seems to have a better handle on immigration than we do.

        2. Eric the half a troll Avatar
          Eric the half a troll

          “A poor few rubes in the Capitol and no due process, no civil rights, throw the book at them.”

          You forgot the “legitimate political discourse” part in your rewriting of history.

          1. walter smith Avatar
            walter smith

            Is it not legitimate political discourse to protest an election?
            Can you say RUSSIA!
            (oh, that’s right. When Pubbies win – CHEATERS! When Dems win, SHUT UP)

          2. Eric the half a troll Avatar
            Eric the half a troll

            So check you off as agreeing that J6 insurrection is nothing but “legitimate political discourse”. Not surprising..,

          3. walter smith Avatar
            walter smith

            And RUSSIA?
            A riot is a riot. People who rioted should be prosecuted. People who walked into the Capitol, apparently believing it was OK have the book thrown at them?
            How about the Summer of Love real rioters? Arsonists, assault and battery and block traffic and destroy property? Use the same amount of FBI resources and prosecute as fully. How come Ashli Babbitt and Ri=oseann Boylan are dead? Justified? If not for double standards, like all Leftists, you’d have none.

          4. Eric the half a troll Avatar
            Eric the half a troll

            J6 was an insurrection that apparently you still can not accept. I’ve been through your false equivalencies with you in the past. I have yet to hear you concur that J6 was an insurrection. That is where we left this discussion last time and we will go no further until you acknowledge that fact.

          5. walter smith Avatar
            walter smith

            Um…because it wasn’t an insurrection?
            Give me a break.
            Yeah, I always start a war unarmed…
            Seriously, you work for Mark Elias? Ultimate goal is to declare 75 million people insurrectionists and they can’t vote or hold office? At least then Dems won’t have to cheat to “win,” because they’ll be the only ones who can vote…
            Oh, and it will hurt me sooooo much not to have discussions with you further….
            I’m devastated…

          6. Eric the half a troll Avatar
            Eric the half a troll

            Plenty of weapons present in J6. I am good with just recognizing those involved with the J6 insurrection as insurrectionists thank you. And while they may still have the legal right to vote and hold office (at least until they have been convicted of a felony), they have proven themselves to be capable of treason and unworthy of office.

            You can stop responding anytime you wish. Your call.

      2. Crime is Crime = yeapers.

        1. LarrytheG Avatar

          If crime were actually crime – the folks who HIRE undocumented would also be jailed and their businesses fined out the wazoo. When I see that, I might change my mind.

        2. LarrytheG Avatar

          If crime were actually crime – the folks who HIRE undocumented would also be jailed and their businesses fined out the wazoo. When I see that, I might change my mind.

          1. how_it_works Avatar

            The cynic in me suspects that the folks who hire the undocumented make the sort of political campaign contributions which ensure that they aren’t jailed and fined out the wazoo….

          2. LarrytheG Avatar

            In Canada, there is a guest-worker program that is regulated such that the onus is on the employer and it’s the employer that gets charged and the worker gets deported.

            In this country, the anti folks are not really focused on the employers, it’s more of anger at immigrants and so they demonize them.

            More than 1/2 of “illegals” are non-Mexicans from other countries who have overstayed their visas – and employers continue to hire them even though their cards have expired.

            The “anti” immigrants folks are more concerned with one type of immigrant – rather than immigration as a whole.

  2. Stephen Haner Avatar
    Stephen Haner

    The ugly nativist side of the political party I once considered myself a member of….As a member of SCHEV I strongly supported allowing students with that DACA designation to be admitted at in-state rates and be eligible for state scholarship funds. Still proud of those votes. I bet they do far better in school than others who get lots of special treatment.

    Just had the interior of my home painted, working here the whole time. Heard nothing but Spanish spoken for days. Smith would have had me checking for green cards…:)

    1. walter smith Avatar
      walter smith

      No. I want the law obeyed, equally. Not fair to defame me.
      We are living in a time where the law is being broken, openly, brazenly, by the people who are charged with enforcing it, and celebrated for it. At the same time, enforced with particular harshness against political “enemies.”

      1. Stephen Haner Avatar
        Stephen Haner

        DACA is a legal status. A court case ended adding to those recognized, but those previously recognized have legal status. THAT IS THE LAW.

        1. walter smith Avatar
          walter smith

          And you are good with rule by EO?
          Then it follows that you are good with prosecutorial discretion…applied politically?
          And if Obama could create the status by phone and pen, why couldn’t Trump undo it by phone and pen?
          We need to get back to being a Constitutional Republic. The DACA exception is still an edict – not law. It was not overturned because the closet Lib justice – who happens to be the Chief Justice – and four others found the proper administrative predicate was not laid to reverse the arbitrary and capricious contravention of law by the Chief Executive who is charged with enforcing the laws…but maybe I am just a tight ass.
          We have a Congress. A worthless Congress that has run up $30 trillion of acknowledged debts. We have not had a budget for years. Why do we pay them? Why do they get pensions for their “service?” Seriously, they should not be paid for operating without a budget, and they should be penalized for operating at a loss. They should have a 403b, not a pension. They should not be able to insider trade. And the bureaucratic deference, Chevron deference, needs to be reversed with Congress being required to approve things affecting all Americans. No more rule by CDC or “emergency” edict – if you think the Marxists won’t keep using “emergencies,” you are not paying attention.

  3. Predictably, this thread has turned into a discussion of illegal immigration — as opposed to the point of the post, which was what Smith finds to be double standards of the UVa administration (compounded by a lack of transparency).

    No immigration documents? No problem. Can we help you find a scholarship?

    No vaccination documents? You’re being deported… I mean expelled.

    1. Eric the half a troll Avatar
      Eric the half a troll

      That is because the false equivalency is so obvious it negates the need to comment on it.

    2. Eric the half a troll Avatar
      Eric the half a troll

      That is because the false equivalency is so obvious it negates the need to comment on it.

    3. Stephen Haner Avatar
      Stephen Haner

      See above. DACA is a legal status, even though no more are being recognized, those with the status are not “illegal.”

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