Supporting Undocumented Homeless Youth Jessica Martin, J.D. New Mexico Immigrant Law Center [email protected] Gabriele Ross, M.S. Evergreen Public Schools [email protected].
Download ReportTranscript Supporting Undocumented Homeless Youth Jessica Martin, J.D. New Mexico Immigrant Law Center [email protected] Gabriele Ross, M.S. Evergreen Public Schools [email protected].
Supporting Undocumented Homeless Youth Jessica Martin, J.D. New Mexico Immigrant Law Center [email protected] Gabriele Ross, M.S. Evergreen Public Schools [email protected] Immigration Resources 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/immigrantservices-directory-public-resource-intake-referrals 2 Who Are Undocumented Immigrant Students? Children without lawful status living with family 1.1 million undocumented children in U.S. (2009) Unaccompanied youth Over 8,000 placed in U.S. custody each year Children under 18 who come to the US without a parent or legal guardian and have no 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 3 What’s the Lingo for Immigrants? Without status/out of status/undocumented: Without permission and/or noncompliant Deferred Action: a decision by DHS not to start removal proceedings, DHS may grant a work permit 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/derived4 What’s the Lingo for Immigration Government Agencies? Dept. of Homeland Security (DHS) US Citizenship and Immigration Service (USCIS) - oversees lawful immigration, grants benefits Immigration and Customs Enforcement (ICE) Customs and Border Protection (CBP) Dept. of Justice (DOJ): Executive Office of Immigration Review (EOIR) - judicial branch, removal proceedings, appeals 5 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 (DUCS) 6 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! 7 Undocumented Students’ Education Rights New guidance from USED: http://www2.ed.gov/about/offices/list/ocr/letters/coll eague-201101.pdf http://www2.ed.gov/about/offices/list/ocr/docs/dclfactsheet-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.” 8 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. 9 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. 10 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, CT and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants. 11 Higher Education – Financial Aid Federal and most state (except 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. 12 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! 13 Potential Paths to Legal Status – Basic Family Immigration A “child” is an unmarried person under the age of 21 LPR and USC parents may petition for their foreignborn children; adult USC siblings may also petition All ChargeFamily-Sponsored Immigration ability Areas CHINA- [Visa Bulletin, October 2012] Except Those mainland born INDIA MEXICO PHILIPPINES Listed F1: Unmarried Sons/Daughters (21+) of USCs 08OCT05 08OCT05 08OCT05 15JUN93 01APR96 F2A: Spouses and Children of LPRs 01JUN10 01JUN10 01JUN10 15MAY10 01JUN10 F2B: Unmarried Sons/Daughters (21+) of LPRs 15SEP04 15SEP04 15SEP04 01OCT92 22JAN02 F3: Married Sons/Daughters (21+) of USCs 22MAY02 22MAY02 22MAY02 08FEB93 22JUL92 F4: Brothers and Sisters of Adult USCs 15MAR01 15FEB01 15MAR01 22JUN96 08FEB89 Barriers: Cost of filing fees, long wait 14 Potential Paths to Legal Status – VAWA 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 married to and abused by an LPR or USC. No fee Grants deferred action and work permit Pathway to LPR status and citizenship 15 Potential Paths to Legal Status – SIJS 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 interests 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; subject to state law age limits Pathway to LPR status and citizenship No fee or fee waiver 16 Potential Paths to Legal Status – U visa U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help). DV and sexual abuse are designated crimes Grants deferred action and work permit; no fee Pathway to LPR status and citizenship 17 Potential Paths to Legal Status – T visa Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; OR 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. 18 Potential Paths to Legal Status Asylum Asylum– People who have suffered persecution, or face a reasonable possibility of 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 fee to apply 19 Asylum (cont.) Possible grounds for asylum for unaccompanied children in the United States: Recruitment as a gang member or child soldier 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 20 Deferred Action for Childhood Arrivals (DACA) DHS policy allowing certain young people to request protection against deportation for a two-year period and a work permit Discretionary, decided on a case by case basis It is not law. It is not the Dream Act. It does not lead to legal status. Under the current policy, renewal can be requested. Fee is $465; may apply for fee exemption before requesting DACA if under 18 and homeless/in foster care/otherwise lacking any familial support 21 DACA (cont.) Eligibility requirements: Under age 31 on 6/15/12 15 years or older at time of request (unless previously removed or in removal proceedings) Came to US before 16th birthday Resided in US continuously since 6/15/2007 (brief departure may be okay, but not if removed) Physically present in US without lawful status on 6/15/12 Currently in school or completed high school or GED; or honorably discharged from the military 22 DACA (cont.) Eligibility requirements (cont.): Not convicted of a felony Not convicted of a significant misdemeanor (DV, DUI, sexual abuse, burglary, unlawful poss/use of firearm, drug distribution, or sentenced to time in custody of more than 90 days) Not convicted of three or more other misdemeanors Does not pose a threat to national security or public safety (ex. gang membership, criminal activity) Juvenile adjudications are NOT convictions, but may be seen as threats to public safety or be negative discretionary factors 23 DACA (cont.) Consultation with an immigration attorney is essential if youth have any of the following: Arrests, delinquency referrals, adjudications, convictions Departures from the US on or after 6/15/2007 Previous contact with ICE, removal orders or in removal proceedings Other immigration applications or petitions filed 24 5 Things You Can Do 1. 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. 25 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. 26 5 Things You Can Do (cont.) 3. Never push for information about a youth’s or family’s immigration status. It’s illegal for schools. However, staff should remain open to talking about immigration issues if youth disclose their status. Staff should include immigration legal services on referral and resource lists for students and parents. 27 5 Things You Can Do (cont.) 4. If you become aware that a youth is undocumented, encourage him or her to seek legal help immediately. Inform the youth that, most likely, it will be easier to obtain legal immigration status before turning 18 years old. 28 5 Things You Can Do (cont.) If requested, assist youth in connecting with a reputable legal services agency. Assure the youth that legal services agencies are required to maintain confidentiality. Assist attorneys in building a relationship and trust with the youth. 29 5 Things You Can Do (cont.) 5. Support youth through the immigration process. Help compile documents the youth will need. Provide a mailing address for immigration notices. Remind youth about immigration-related appointments and support attendance. 30 Resources: Immigrants Papers: Stories of Undocumented Youth http://www.papersthemovie.com/ Legal Issues for School Districts Related to the Education of Undocumented Children (National School Boards Association and National Education Association, 2009) http://www.nea.org/assets/docs/HE/09undocumente dchildren.pdf 31 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 32 Resources: Higher Education The College Board http://professionals.collegeboard.com/guidance/financialaid/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/ 33 Resources: Higher Education Scholarships for undocumented students http://maldef.org/leadership/scholarships/resources http://www.getreadyforcollege.org/pdfGR/ScholarshipsUn documented.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 34 Resources: Generally NAEHCY http://www.naehcy.org/ NCHE http://center.serve.org/nche/ Runaway Switchboard http://www.1800runaway.org 35