COMMUNITY NAVIGATOR TRAINING MODULE 6: SCREENING

COMMUNITY NAVIGATOR TRAININGMODULE 6: SCREENINGAPRIL 7, 2015

1Objectives: Teach importance and role of navigator in the screening process: Determining eligibility Screening for other forms of reliefSpotting red flagsReferring to attorneys/others as necessaryReview DACA/DAPA eligibility requirements Provide practical tips/scripts to avoid UPLPractice screening1ACKNOWLEDGEMENTSThis presentation is a product of the Committee for Immigration Reform Implementation (CIRI) Regional Coordination subcommittee. This was prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINICs 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM provided guidance on the Defending AR module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (ICIRR), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA-United Food and Commercial Workers naturalization partnership. 2Refer navigators to manual instructions2

www.adminrelief.org

MODULE 6:SCREENING44WHY IS SCREENING IMPORTANT?Determining eligibility for DACA/DAPAScreening for other forms of reliefSpotting red flags/deportation trapsReferring cases to attorneys/other resources

Navigators can actively participate in screening!5Discuss as a group the importance of screening Key answers: Determining eligibility for DACA/DAPAScreening for other forms of reliefSpotting red flags/deportation trapsReferring cases to attorneys/other resourcesDescribe to the navigators the role screening will play/is playing in your organizations worki.e., We conduct info sessions with the community, and at the end of those sessions we screen people who think they may be eligible for relief. i.e., We distribute self-screening tools and then double check them when community members come in to see us.5Navigators can: Ask individuals questions about their identity, parental relationship, education, criminal background, etc.Spot red flags/deportation traps Refer individuals to attorneys (either present or off-site), other resourcesWalk individuals through the rest of the process: document preparation, application, biometrics, etc.Point community members to self-screening tools 6SCREENING FOR DACA/DAPAAsk the group: In which other ways can navigators be helpful in the screening process? Note: Emphasize that navigators can play a vital role in supporting their communities and your organization in this stage of the processKey answers: Ask individuals questions about their identity, parental relationship, education, criminal background, etc.Spot red flags/deportation traps Refer individuals to attorneys (either present or off-site), other resourcesWalk individuals through the rest of the process: document preparation, application, biometrics, etc.Point community members to self-screening tools

6SCREENING FOR DACA/DAPANavigators should not: Determine eligibilityi.e., you are eligible (UPL) vs. you may be eligible, pursue the following next steps... (not UPL) Hold themselves as legal authoritiesConduct screening outside of an organization setting

Ask the group: What are the potential consequences of unlawful practice of the law (UPL)? Key answers: Organization gets in trouble (charges, fines)Navigators gets in trouble (charges, fines)Individual gets scammed and/or deportedReview what navigators cannot do during the screening process: Determine eligibilityi.e., you are eligible (UPL) vs. you may be eligible, pursue the following next steps... (not UPL) Hold themselves as legal authoritiesConduct screening outside of an organization setting

7REVIEW:DACA/DAPA ELIGIBILITY REQUIREMENTS8Key answers:DACA 2012Arrived in U.S. before 16 years old Age cap = 31In U.S. since before June 15, 2007High school diploma or GED or military2 year deferred actionExpanded DACAArrived in U.S. before 16 years old No age capIn U.S. since before January 1, 2010High school diploma or GED or military3 year deferred action8HYPOTHETICAL:

Mary Beth thinks she may be eligible for DAPA. Tanya, her daughter, was born in Arkansas 5 years ago. Mary Beth has not left the U.S. since arriving in 1996. Mary Beth and Tanya watched President Obamas announcement on television on November 20 at their community organization.

What can you tell Mary Beth? 9Give navigators the preliminary screening tool and have them fill in as you present the caseAlternatively, have one of the navigators role play the individual seeking screening Key answers: Im not a lawyer or BIA rep, so I cannot determine whether you are eligible or not, but generally, people who have lived in the U.S. since before January 1, 2010 and had a USC or LPR child by November 20, 2014 may be eligible for DAPAYou should consider speaking to an attorney or a BIA rep about applying for DAPA You should attend X workshop with the organization to learn moreYou should consider collecting the appropriate documents to prove what you just shared with meEncourage navigators to think about what they would say if the individual pressed for more information, asked follow up questions

9HYPOTHETICAL:

Li thinks he may be eligible for DACA. Li arrived to the U.S. with his parents in 2002, when he was 11 years old. He has lived here since. He attended high school but dropped out to contribute financially to his family.

What can you tell Li? 10Give navigators the preliminary screening tool and have them fill in as you present the caseAlternatively, have one of the navigators role play the individual seeking screeningKey answers: Im not a lawyer or BIA rep so I cant give you legal advice about your case, but generally, people who arrived in the U.S. by age 16 and by January 1, 2010 and meet the educational requirements are eligible for expanded DACATo meet the education requirements, you can consider enrolling in school, getting your GED, or pursuing certain vocational programs Flag the school/GED question for DACA: For those not currently in school. There are many options for enrolling in a program of study (including literacy, job training, and GED prep programs) that will allow someone to qualify. There is no date by which someone needs to have enrolled10HYPOTHETICAL:

Paula thinks she may be eligible for DACA. She and her parents came to the U.S. in 2008, when she was 15. She graduated from high school in 2011 and went on to college. She is now a senior in college and is on track to graduate.

What can you tell Paula? 11Give navigators the preliminary screening tool and have them fill in as you present the caseAlternatively, have one of the navigators role play the individual seeking screening Key answers: Im not a lawyer or BIA rep, so I cant give you legal advice. Generally, people who came to the U.S. before age 16 and by January 1, 2010, may qualify for expanded DACA if they meet the education requirements (but not DACA 2012 because that requires that people have been here since before April 15, 2007)Since implementation of expanded DACA is delayed, no one is able to apply for expanded DACA at this time. The guidelines announced for expanded DACA require being in the U.S. by January 1, 2010. 11SCREENING FOR OTHER FORMS OF RELIEFSome individuals may qualify for better forms of reliefNavigators can play a key role in spotting when this might be the caseFor DACA, around 15% of applicants were eligible for better relief Refer navigators to the tool in the manual that can screen for other forms of relief (this will be updated for expanded DACA/DAPA) Discuss the other forms of relief that people may be eligible for: SJIS, VAWA, U visa, etc.

12COMMON OTHER FORMS OF RELIEFFamily-based immigration U visa for crime victim Special immigrant juvenile status (SIJS) Parole in placeAsylum Violence Against Women Act (VAWA)

These are all preferable to DACA/DAPA because they present a route to legal residency. Reference the screening form for other forms of relief For trainers: Other types of relief explained: Family-based immigration: Typically through USC or LPR spouse or parent, or as parent of adult USCU visa: For crime victim or direct victim of crime, and certain family members of the direct victim who qualify as derivative beneficiariesSpecial immigrant juvenile status (SIJS): For certain abused or abandoned minors Parole in place: For spouses, children, parents of family members who are on active duty in the military or who are vetsAsylum: For political refugees VAWA: For abused spouse or child of USC or LPR or an abused parent of USC The self-screening form also includes questions to screen for NACARA, asylum, and acquisition of citizenship at birth. And it also includes some questions to ascertain whether someone entered in a way that might support applying for residency through adjustment of status based on an inspected admission 13HYPOTHETICAL:

Remember Mary Beth?

Review: Mary Beth thinks she may be eligible for DAPA. Tanya, her daughter, was born in Arkansas 5 years ago. Mary Beth has not left the U.S. since arriving in 1996. Mary Beth and Tanya watched President Obamas announcement on television on November 20 at their community organization.

Mary Beth also tells you she and Tanya are survivors of domestic violence committed by Mary Beths former spouse who is a green card holder.

What can you tell Mary Beth? 14Give navigators the screening tool for other forms of relief and have them fill in as you present the caseAlternatively, have one of the navigators role play the individual seeking screening Key answers (from before): Im not a lawyer or BIA rep, so I cant give you legal advice about your case, but generally, people who have lived in the U.S. since before January 1, 2010 and had a USC or LPR child by November 20, 2014 may be eligible for DAPA. You also checked yes to some of the questions (or one of the questions) on this form, so you may want to see a lawyer about whether you qualify for another form of reliefYou should consider speaking to an attorney or a BIA rep because you may be eligible for a better form of relief Encourage navigators to think about what they would say if the individual pressed for more information, asked follow up questions

14REVIEW:WHY IS SCREENING IMPORTANT?15Key answers:Determining eligibility Screening for other forms of reliefSpotting red flagsReferring to attorneys/others as necessary15