Supporting Undocumented Homeless Youth Jessica Martin, J.D. New Mexico Immigrant Law Center [email protected] Gabriele Ross, M.S. Evergreen Public Schools [email protected].
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Transcript 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
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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
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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
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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)
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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!
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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.”
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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.
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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.
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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.
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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.
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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!
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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/
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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
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Resources: Generally
NAEHCY
http://www.naehcy.org/
NCHE
http://center.serve.org/nche/
Runaway Switchboard
http://www.1800runaway.org
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