Presentation Transcript

1. Supporting Undocumented Homeless Youth Tatyana Delgado, Esq. Catholic Legal Immigration Network, Inc. (CLINIC) tdelgado@cliniclegal.org Gabriele Ross, M.S. Evergreen Public Schools gabi.ross@evergreenps.org
2. A national network of over 250 member agencies and subscribers A national voice for immigrants and immigration reform A source of technical support and training on immigration law, legal skills, advocacy and program management Visit CLINIC website for more information: www.cliniclegal.org
3. Finding Legal Assistance Immigration and Schools: Supporting Success for Undocumented Unaccompanied Homeless Youth http://www.naehcy.org/dl/immig.pdf ACLU’s Immigrant Services Directory: Public Resources for Intake Referrals http://www.aclu.org/immigrants-rights/immigrant-services- directory-public-resource-intake-referrals Own the Dream Campaign Legal Services Directory http://www.weownthedream.org/legalhelp/ CLINIC Affiliates Directory https://cliniclegal.org/affiliates/directory
4. Who Are Undocumented Immigrant Students? Children without lawful status living with family 1.15 million undocumented children in U.S. (2011) Unaccompanied youth In 2012, more than 24,000 children were apprehended by U.S. Border Patrol (increase from about 8,000 in 2008) Children under 18 who come to the US without a parent or legal guardian or are separated from family when they cross the border Some may be in immigration proceedings, others may not Fleeing human rights abuses, poverty, natural disasters
5. What’s the Lingo for Immigrants? Without status/out of status/undocumented: Without permission or noncompliant Deferred Action: A discretionary decision to defer removal action against an individual. Act of prosecutorial discretion. Lawful status: Permission to be in the US and compliant with terms Non-immigrants: visas for temporary and specific purposes Immigrants: Asylees, refugees, Lawful Permanent Residents (LPRs, “green card” holders) U.S. Citizens (USCs): By birth, naturalized, acquired/derived
6. What’s the Lingo for Immigration Government Agencies? Dept. of Homeland Security (DHS) US Citizenship and Immigration Service (USCIS) Immigration and Customs Enforcement (ICE) Customs and Border Protection (CBP) Dept. of Justice (DOJ): Executive Office of Immigration Review (EOIR)- immigration court proceedings, appeals
7. What’s the Lingo for Government Agencies Working with Unaccompanied Youth? Dept. of Health & Human Services (HHS) Office of Refugee Resettlement (ORR) Unaccompanied Refugee Minors Program (URM) Division of Unaccompanied Children’s Services (DCS)
8. What Are Undocumented Students’ Education Rights? The same right to attend public school as citizens. Plyler v. Doe (Supreme Court, 1982) Schools cannot require immigration documents or social security numbers for enrollment. Schools cannot ask any immigration questions or “chill” enrollment. So far, none of the recent state laws on immigration changes these requirements!
9. Undocumented Students’ Education Rights New guidance from USED: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201101.pdf http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201101.html "Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law.”
10. What if a Parent/Youth Shares Immigration Information Voluntarily? Do not call immigration authorities. Do not tell others at school or in the community. Do support them as you would support other families and youth. Do offer information about immigration advocacy and service providers. Do not interfere with an active immigration investigation.
11. What About Access to Other Services? Vocational services may require social security numbers or employment authorization. Public benefits may require immigration documentation. States may require immigration documentation to obtain ID’s and driver's licenses.
12. What About Higher Education? Undocumented immigrants can apply to public colleges and universities, except for those in AL, GA and SC. TX, CA, NY, UT, IL, WA, NE, NM, OK, KS, MD, MI, CT, CO and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants. California, New Mexico and Texas currently allow undocumented students to receive state financial aid.
13. Higher Education – Financial Aid Federal and most state (except CA, NM and TX) financial aid require immigration documentation. Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented. However, if the student or parents supply a fake or stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.
14. Longer Term Solutions Potential Paths to Legal Status It’s important for youth to start the process early. It’s important for youth and families to seek legal assistance!
15. Potential Paths to Legal Status – Family-Based Immigration A “child” is an unmarried person under the age of 21 LPR and USC parents may petition for their foreign-born children; adult USC siblings may also petition Barriers: Cost of filing fees, long wait
16. Potential Paths to Legal Status –Violence Against Women Act (VAWA) Child has been battered or subject to extreme cruelty by an LPR or USC parent or step-parent. Child can also be included as beneficiary on parent’s application when the parent is abused by an LPR or USC. No application fee Grants deferred action and work permit Pathway to LPR status and citizenship
17. Potential Paths to Legal Status –Special Immigrant Juvenile Status (SIJS) Child’s reunification with one or both parents is not viable due to abuse, neglect, or abandonment Not in best interest to return to country of origin Determination is made by a state “juvenile” court upon which the child has been declared dependent Unmarried & under 21 Pathway to LPR status and citizenship No application fee
18. Potential Paths to Legal Status –Victims of Crimes (U Visa) A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) helpful in the investigation or prosecution of that crime (or a “next friend” will help). DV and sexual abuse are designated crimes (among others) Grants deferred action and work permit; no fee Pathway to LPR status and citizenship
19. Potential Paths to Legal Status – Victims of Human Trafficking (T visa) Sex trafficking: A commercial sex act is induced by force, fraud, or coercion, or person induced to perform such act has not reached age 18; OR Labor trafficking: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, debt bondage, or slavery.
20. Potential Paths to Legal Status - Asylum Suffered persecution or has well-founded fear persecution in their home country on the basis of: Race, religion, nationality, membership in a particular social group, or political opinion. Pathway to LPR status and citizenship No application fee
21. Asylum (cont.) Possible grounds for asylum for undocumented children in the United States: Child forced into prostitution or marriage Female genital mutilation Political activity of child or her/his parent Child targeted on basis of sexual orientation Vulnerability as a street child or victim of domestic violence Member of a family that is targeted by gangs
22. Deferred Action for Childhood Arrivals (DACA) On June 15, 2012, Department of Homeland Security (DHS) Secretary issued memorandum.
23. Benefits of DACA Deferred action for two years Work authorization for two-year period Renewable for additional two-year period if not terminated Considered lawfully present in the U.S. during deferred action period. Eligible for Social Security Number and, in most states, driver’s license Seek permission to travel abroad temporarily
24. Limits of DACA Not path to permanent resident status Not “lawful immigration status” No benefits to derivative family members Can be terminated Could lead to enforcement action under certain situations
25. DACA Application Numbers It is estimated that over 1.75 million individuals are or soon will be potentially eligible for DACA (according to Migration Policy Institute). As of end of August 2013, over 580,000 applications have been filed.
26. DACA Statistics Source: Undocumented No More: A Nationwide Analysis of Deferred Action for Childhood Arrivals (DACA) Tom K. Wong, Ph.D., UCSD Angela Garcia, Ph.D. Candidate, UCSD Marisa Abrajano, Ph.D., UCSD David Fitzgerald, Ph.D., UCSD KarthickRamakrishnan, Ph.D., UCR
27. DACA Statistics Highlights from the Center for American Progress DACA Report: 32.5 % of all potential applicants (includes eligible and those who are not yet eligible) have applied. Out of the pool of those who are immediately eligible, 61.2 % have applied. Individuals from Latin America make up 93.5 % of the applicant pool. Mexicans comprise 74.9 % of the applicant pool. Asians, North and Central Americans (excluding Mexico), and Europeans are underrepresented in the applicant pool.
28. DACA Eligibility Guidelines - Age Range On June 15, 2012, must have been under 31 years old. Must be at least 15 years old to apply for DACA, UNLESS: In removal proceedings; Final removal order; or Voluntary departure order
29. DACA Eligibility Guidelines – Residence & Physical Presence Came to U.S. before turning 16; Continuously resided in U.S. since June 15, 2007 until the present time; On June 15, 2012, physically present in U.S.; At time of deferred action request, physically present in U.S.;
30. DACA Eligibility Guidelines – Immigration Status Entered without inspection prior to June 15, 2012 or expired lawful immigration status as of June 15, 2012;
31. DACA Eligibility Guidelines – Education Currentlyin school, graduated from high school, or obtained a GED; or Currently in school = Enrolled in grade school; Education, literacy, career training, or vocational training program leading to placement in post-secondary education, job training, or employment; or Enrollment in program seeking high school diploma, state law equivalent or GED Honorably discharged from the U.S. Coast Guard or Armed Forces
32. DACA Eligibility Guidelines – Criminal Not convicted of: a felony a significant misdemeanor three or more other misdemeanors Do not pose a threat to national security or public safety
33. 5 Things You Can Do Share information about the rights of students who are undocumented and those who are homeless. Collaborate with immigrant-serving agencies in your community. Help youth navigate higher education admissions and financial aid.
34. 5 Things You Can Do (cont.) 2.Do not assume that all youth have lawful immigration status. Keep in mind that some youth may not have immigration documents when planning activities, such as voter registration events, vocational opportunities, or field trips requiring identification.
35. 5 Things You Can Do (cont.) 3.Never pushforinformationabout a youth’sorfamily’simmigration status. It’sillegalforschools. However, staffshouldremain open totalkingaboutimmigrationissuesifyouthdisclosetheir status. Staffshouldincludeimmigration legal servicesonreferral and resourcelistsforstudents and parents.
36. 5 Things You Can Do (cont.) 4.If youbecomeawarethat a youthisundocumented, encouragehimorhertoseek legal helpimmediately. Ifrequested, assistyouth in connectingwith a reputable legal servicesagency. Assuretheyouththat legal services agencies are requiredtomaintainconfidentiality. Assistattorneys in building a relationship and trust withtheyouth.
37. 5 Things You Can Do (cont.) 5.Support youththroughtheimmigrationprocess. Help compile documentstheyouthwillneed. Provide a mailingaddressforimmigrationnotices. Remindyouthaboutimmigration-relatedappointments and supportattendance.
38. Resources: Immigrants Papers: Stories of UndocumentedYouth http://www.papersthemovie.com/ Incocentedocumentaryaboutanunaccompanied homeless youth http://inocentedoc.com/ Legal IssuesforSchoolDistrictsRelatedtotheEducation of UndocumentedChildren (NationalSchoolBoardsAssociation and NationalEducationAssociation, 2009) http://www.nea.org/assets/docs/HE/09undocumentedchildren.pdf
39. Resources: Immigrants Kids in Need of Defense (KIND) www.supportkind.org Catholic Legal Immigration Network (CLINIC)www.cliniclegal.org U.S. Citizenship and Immigration Service www.uscis.gov/childhoodarrivals Immigrant Legal Resource Center (ILRC)http://www.ilrc.org/files/youth_handbook_english.pdf
40. Resources: DACA Own the Dream Campaign (DACA resources): www.weownthedream.org Encourage individuals to download Pocket DACA app on mobile phone National Association of Latino Elected and Appointed Officials (NALEO) hotline: Call 855-DREAM-31
41. Resources: Higher Education The College Board http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students http://professionals.collegeboard.com/profdownload/young-lives-on-hold-college-board.pdf The Dream Act Portal http://dreamact.info/ Dream Activist http://www.dreamactivist.org/
42. Resources: Higher Education Scholarships for undocumented students http://maldef.org/leadership/scholarships/resources http://www.getreadyforcollege.org/pdfGR/ScholarshipsUndocumented.pdf http://www.migrant.net/migrant/scholarships.htm Educators for Fair Consideration (Deferred Action guide) http://www.e4fc.org/ Information for federal financial aid for unaccompanied youth with lawful status http://www.naehcy.org/higher_ed.html
43. Resources: Generally NAEHCY http://www.naehcy.org/ NCHE http://center.serve.org/nche/ Runaway Switchboard http://www.1800runaway.org