Supporting Undocumented Homeless

Youth

Tatyana Delgado, Esq. Catholic Legal Immigration Network, Inc. (CLINIC) tdelgado@cliniclegal.org

Gabriele Ross, M.S.Evergreen Public Schoolsgabi.ross@evergreenps.org

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

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

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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

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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

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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

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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

(DCS)

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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/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.” 9

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, 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. 12

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.

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Longer Term Solutions

Potential Paths to Legal StatusIt’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 – Family-Based Immigration

A “child” is an unmarried person under the age of 21LPR and USC parents may petition for their foreign-

born children; adult USC siblings may also petition

Barriers: Cost of filing fees, long wait

Family-Sponsored Immigration

[Visa Bulletin, November 2013

All Charge-ability

Areas Except

Those Listed

CHINA-

mainland bornINDIA MEXICO PHILIPPINES

F1: Unmarried Sons/Daughters (21+) of USCs 22OCT06 22OCT06 22OCT06 22SEP93 01JUL01

F2A: Spouses and Children of LPRs 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13

F2B: Unmarried Sons/Daughters (21+) of LPRs 22MAR06 22MAR06 22MAR06 01APR94 01MAR03

F3: Married Sons/Daughters (21+) of USCs 08FEB03 08FEB03 08FEB03 01JUN93 08JAN93

F4: Brothers and Sisters of Adult USCs 22AUG01 22AUG01 22AUG01 22OCT96 22APR90

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 permitPathway to LPR status and citizenship

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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

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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 feePathway to LPR status and citizenship

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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.

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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 citizenshipNo application fee

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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

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Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, Department ofHomeland Security(DHS) Secretaryissued memorandum.

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Benefits of DACADeferred action for two yearsWork authorization for two-year periodRenewable for additional two-year period if not

terminatedConsidered lawfully present in the U.S. during deferred

action period.Eligible for Social Security Number and, in most states,

driver’s licenseSeek permission to travel abroad temporarily

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Limits of DACA

Not path to permanent resident statusNot “lawful immigration status”No benefits to derivative family membersCan be terminatedCould lead to enforcement action under

certain situations

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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.

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DACA Statistics Source: Undocumented No More: A

Nationwide Analysis of Deferred Action for Childhood Arrivals (DACA)

Tom K. Wong, Ph.D., UCSDAngela Garcia, Ph.D. Candidate, UCSD

Marisa Abrajano, Ph.D., UCSDDavid Fitzgerald, Ph.D., UCSD

Karthick Ramakrishnan, Ph.D., UCR

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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.

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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

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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.;

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DACA Eligibility Guidelines – Immigration Status

Entered without inspection prior to June 15, 2012 or expired lawful immigration status as of June 15, 2012;

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DACA Eligibility Guidelines – Education

Currently in 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

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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

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.

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: ImmigrantsPapers: Stories of Undocumented Youthhttp://www.papersthemovie.com/

Incocente documentary about an unaccompanied homeless youth

http://inocentedoc.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/09undocumentedchildren.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 Servicewww.uscis.gov/childhoodarrivalsImmigrant Legal Resource Center (ILRC)

http://www.ilrc.org/files/youth_handbook_english.pdf39

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

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Resources: Higher Education

The College Boardhttp://professionals.collegeboard.com/guidance/financial-

aid/undocumented-studentshttp://professionals.collegeboard.com/profdownload/young-

lives-on-hold-college-board.pdfThe 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 statushttp://www.naehcy.org/higher_ed.html

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Resources: Generally

NAEHCY http://www.naehcy.org/

NCHE http://center.serve.org/nche/

Runaway Switchboardhttp://www.1800runaway.org

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