AB 60 Driver*s Licenses & ca trust act

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Transcript AB 60 Driver*s Licenses & ca trust act

OUR PEOPLE, OUR RIGHTS :

IMMIGRATION ENFORCEMENT & AB 60 DRIVER’S LICENSES IN CALIFORNIA

provided by the Drive CA Coalition and the TRUST Coalition

OUR PEOPLE, OUR RIGHTS

California is a proud state of immigrant communities. Of the 10.2 million immigrants in California, about 26% or 2.6 million are undocumented. However, deportations have torn many families apart. From 2009 to Aug 2014, the “Secure Communities” deportation program alone has led to the deportation of over 118,000 immigrants from the state.

Measures such as the California TRUST Act and AB 60 the Safe and Responsible Driver Act have lead the way in creating opportunities for vibrant members of our communities.

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1 Looking Forward: Immigration Contributions to the Golden State (2014) by the California Immigrant Policy Center Image by Sandra Khalifa @snkhalifa

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OVERVIEW

 Immigration Enforcement in California & the TRUST Act  Know Your Rights: undocumented immigrants & immigration detention in California  AB 60 Driver’s Licenses for All  Get Involved: Advocacy & More 3

IMMIGRATION ENFORCEMENT IN CALIFORNIA

THE TRUST ACT

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WHAT IS THE CA TRUST ACT?

New state law as of January 1 st , 2014 Limits local jails from holding people for extra time just so they can be picked up and deported by ICE.

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THE CRIMINAL JUSTICE PROCESS ICE HOLD or ICE Notification

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48 condados en California ya no obedecen las retenciones pedidas por ICE OVER 48 CALIFORNIA COUNTIES NO LONGER RESPOND TO ANY ICE HOLDS 7

EXPANDED PROTECTIONS: MIRANDA-OLIVARES V. CLACKAMAS COUNTY

 April 11, 2014: Federal District Court in Oregon ruled that ICE holds violate the Constitution.

 Counties cannot hold individuals for extra time unless a judge finds that there is reasonable evidence against you.

 If counties respond to ICE holds, they can face legal liability.

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THIS MEANS…

 Individuals can no longer be held by a local jail for extra time based on an ICE hold.

 Counties that continue to hold individuals for ICE have faced legal action.

 Baldwin Park  Sacramento 9

Individuals CANNOT be detained on an ICE hold request.

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PROBLEMATIC PRACTICES THAT STILL EXIST

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Notification to ICE upon release 2.

Release to ICE at booking and release, “prior to” 48 hour ICE hold 3.

Transportation by local law enforcement to ICE 4.

Questionnaires to all “foreign-born” detainees about immigration status 5.

Citation to bad law, Penal Code 834(b), to support reporting to ICE 6.

Civil immigration warrants (e.g., I-200, I-205, I-203 forms) 7.

Vague exceptions (public safety, exigent circumstances, sheriff discretion) 8.

No bail provision 9.

After law enforcement contact: home raids and probation referrals to ICE 11

http://www.aclusocal.org/cuentame/

RUTH’S STORY // LA HISTORIA DE RUTH

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FROM S-COMM TO PEP-COMM

• • On Nov. 20, 2014, along with announcing administrative relief for some, President Obama announced that S-Comm will be replaced with a new program: Priority Enforcement Program (“PEP-Comm”).

The 6 to 7 million undocumented community members left out of administrative reform will be bigger targets for ICE enforcement.

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PEP-COMM PROCESS

Local Law Enforcement State Identification Bureau

State Criminal Background Check ICE Notification:

FBI

(CJIS Database) Federal criminal background check No Match

Match:

Undocumented or LPR

DHS

(IDENT Database) S-Comm Civil Immigration Background Check 14

NOTIFICATION IS VOLUNTARY

Like ICE holds, requests for ICE notification are voluntary. Local law enforcement can choose to not notify ICE when an individual is released.

What you can do:

 Meet with your local law enforcement (e.g., Police Dept, Sheriff’s Dept, Probation)  Explain that PEP-Comm also undercuts community policing, tears families apart, and wastes local resources  Ask your local law enforcement to adopt a policy of not notifying ICE when an individual is released  Ask you local law enforcement to adopt a policy that prohibits ICE access to the jail and to jail computers, booking logs, etc. Use Santa Clara and Cook County as examples.

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NEXT STEPS

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ICE out of local jail: launch a campaign to end ICE presence and access to local jail (known as Criminal Alien Program or CAP) No notification to ICE: ask your sheriff and police chief to adopt policies of not notifying ICE when individuals are released ICE out of courthouses and probation: push back against ICE enforcement at court houses and probation check ins 16

TRUST ACT HOTLINE

If you for a loved one think you have been wrongly held for immigration, please call:

1-844-TRUST-01 (1-844-878-7801)

or visit www.catrustact.org

, email [email protected]

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“YOU HAVE THE RIGHT TO REMAIN SILENT…”

*  anything you say can be used against you!

 Remain Silent. Use it.  status, citizenship, when or how you came to the U.S., or where you’re from.

 Remember, when talking to (or in front of) law enforcement, You have a 5 th Amendment Right to Don’t talk about your immigration Ask to speak with an attorney.

 Ask to call your family.

* Not intended as legal advice!

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WHAT CAN YOU DO NOW?

The TRUST Act is law because people like you fought for it. Let’s protect our rights in all 58 counties! Join us at catrustact.org

! If you or a loved one think you have been wrongly held for immigration, please call 1 844-TRUST-01 (1-844-878-7801) or email [email protected]

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AB 60 DRIVER’S LICENSES

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WHAT IS AB 60?

Law passed in 2013 to make California drivers’ licenses available regardless of immigration status.

Immigrant communities and allies have fought for 20 years to make this a reality!

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YOU CAN APPLY FOR AN AB60 LICENSE ON

JAN 2, 2015!

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WHAT WILL MY LICENSE LOOK LIKE?

Will have language on the front and back to distinguish from currently issued drivers’ licenses (sample below): 23

HOW MUCH FOR AN AB60 DRIVER’S LICENSE?

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        

OVERVIEW: WHAT DO I NEED TO DO TO OBTAIN AN AB 60 LICENSE?

 Make an appointment Complete DL-44 Application Form Pay $33 Fee Prove Identity and Residency Take Rules of the Road (Written) Test Pass Vision Exam Give Thumbprint Have Picture Taken Show Proof of Insurance Pass Road (Driving) Test 25

GET YOUR AB 60 LICENSE IN 3 STEPS!

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Right now, PREPARE!

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Visit the DMV & Apply!

3.

The Driving Test!

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P ROVIDE I DENTITY & R ESIDENCY D OCUMENTS 27

IDENTITY DOCUMENTS

(EMERGENCY REGS 11.7.14)

OPTION 1: ONE DOCUMENT

California Driver License or ID Card (issued 10/2000 or later) Mexican Federal Electoral Card (2013) Mexican Passport (2008 or later) Mexican Consular Card (2006 or later) Other approved foreign passport with SSN (see list)

OPTION 2: TWO DOCUMENTS

Consular ID Card

      

(see list)

Argentinian ID Card (2012) Chilean ID Card (2013) El Salvadorian ID Card (2010) Peruvian ID Card (2010) Guatemalan National ID Card (2012) Guatemalan Consular Card (2002) Brazilian Consular Card (2010)

-- OR --

Foreign Passports (see list)

AND

Foreign Birth Certificate 

certified copy from national civil registry issued with six months of application date for license with embedded photo OR

With Apostille authentication and translated into English

OPTION 3: SECONDARY REVIEW

Secondary Review Process

(see next slide)

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RESIDENCY DOCUMENTS

(EMERGENCY REGS 11.7.14)

Keep in mind….

 Most residency documents must list an applicant’s first and last names, and a California resident address.

Examples include:

lease agreements, school documents, utility bills, medical documents, employment documents, faith documents, insurance, CA ID cards, shelter letters.

 A spouse may use residency documents in the other spouse’s name, along with a marriage/domestic partnership certificate.

  A minor may use residency documents in a parent’s name.

If you use the secondary review process, you do not need to

separately prove residency.

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AB 60 PROTECTIONS

Confidentiality & anti discrimination 32

DOES AB 60 CONTAIN PROTECTIONS FROM DISCRIMINATION?

The law prohibits state or local government agencies, officials, or programs that receive state funds from discriminating against someone because he or she holds or presents an AB 60 license. This includes state and local law enforcement officials. AB 60 specifies that it shall be a violation of law, including, but not limited to, a violation of the Unruh Civil Rights Act, to discriminate against an individual who holds or presents an AB 60 driver’s license. 33

WHO WILL HAVE ACCESS TO INFORMATION I PROVIDE TO THE DMV?

Under AB60, the documents you provide to the DMV are not a public record and the DMV may not disclose applicant information, expect when requested by a law enforcement agency as part of an investigation.

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INFORMATION SHARING

• Under current state laws, the documents provided to the DMV are not a public record and the DMV may not disclose applicant information irrespective of immigration status, except when requested by a law enforcement agency as part of an investigation.

• Applicant information is going into a system that could be accessed by different federal agencies, including ICE, if these agencies have an existing concern about an applicant, including an outstanding deportation order, warrant, etc. Use caution if this raises a concern.

• Advocacy on this issue is ongoing. Drive CA is working with state legislators and other states to advocate with DHS.

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WHAT SHOULD I DO NOW?

 Gather your documents.

 Study for the written test.

 Pay any outstanding traffic tickets.

 Protect yourself from fraud. Only the DMV can give you a driver’s license. Do NOT pay anyone for information or services. 36

HOW CAN YOU GET INVOLVED?

We fought and we WON AB60 Licenses in California – how will you help us win more for immigrant communities?

Visit our coalition website at driveca.org

to get more resources or text DRIVE to 225568 (insert local advocacy information) 37

FOR MORE INFORMATION

PRESENTER NAME

Organization 123-456-7890 | [email protected]