What Executive Action on Immigration Means for the Child Welfare System. December 16, 2014

Transcription

1 What Executive Action on Immigration Means for the Child Welfare System December 16, 2014

2 Information to Participate Call-in number is 1 (415) and access code is Presentation materials and audio will be posted at To submit live questions, click on the Questions panel, type your question, and click Send

3 Presenters Angie Junck, Immigrant Legal Resource Center Scott Trowbridge, American Bar Association, Center on Children and the Law 2014 Immigrant Legal Resource Center 3

4 Immigration in California 27% of its residents are foreign born, twice the national average and a four-fold increase since 1970 A total of 4.5 million California children reside in immigrant families and of this total, 1.9 million children live in families where neither parent is a U.S. citizen 2014 Immigrant Legal Resource Center 4

5 Topics for Today Overview of Executive Action on Immigration Impact & Timing How You Can Help Impact on the Child Welfare System Discussion & Questions 2014 Immigrant Legal Resource Center 5

6 Overview of the President s Executive Action on Immigration

7 Immigration Reform through Executive Action

8 Modern Presidents Immigration Executive Actions

9 Deferred Action For Childhood Arrivals (DACA) On June 15, 2012, President Barack Obama announced that the U.S. Department of Homeland Security would not deport certain undocumented youth who had come to the United States as children. These youth can also obtain work authorization. Not available for any recent arrivals but sometimes an option for children detained internally (e.g. via the juvenile justice system) 9

10 Deferred Action Deferred action = Temporary reprieve from deportation from the government Deferred action existed before DACA as a form of prosecutorial discretion But it is not delineated in federal laws 2014 Immigrant Legal Resource Center 10

11 What Deferred Action is NOT Legal Immigration Status Green Card Pathway to Citizenship The DREAM Act Legalization 2014 Immigrant Legal Resource Center 11

12 Benefits of Deferred Action 1. Deportation is deferred for 3 years, with possibility of renewal 2. Employment Authorization Document (EAD card) 3. Social Security number 4. State Driver s License and California I.D. (unclear with DAPA) 5. Travel outside the U.S. possible with Advance Parole (unclear with DAPA) 2014 Immigrant Legal Resource Center 12

13 Non-Benefits of Deferred Action 1. No ability to petition for immigration status for family members 2. No eligibility to apply for lawful permanent residence (green card) or citizenship 3. No permanent status 4. Program could be terminated at any time 5. Confidentiality does not extend to people with certain convictions or certain immigration history (e.g., fraud) referral to removal proceedings is possible 2014 Immigrant Legal Resource Center 13

14 Who Are the Main, New Beneficiaries 4-5 million people nationally DACA-eligible people who are in their 30s or came to the United States more recently Undocumented parents who have been in the United States for 5 years and have U.S. citizen and/or LPR children Undocumented parents, spouses and children of U.S. citizens and LPRs who seek to enlist in the military

15 What Are the Main Changes?

16 DACA Requirements Came to the U.S. before 16 th birthday Physically present in the U.S. since June 15, 2012 and at the time request is submitted No lawful status on June 15, 2012 In school, have graduated, obtained certificate of completion from high school or GED, or honorably discharged veteran Does not have certain criminal convictions ( juvenile adjudications not included) or pose a threat to national security or public safety (gang issues a problem)

17 New DACA Changes Continuously resided in the United States since January 1, 2010 (rather than the prior requirement of June 15, 2007). There is no upper age cap. Deferred action and work authorization for three years instead of two years.

18 Deferred Action for Parents Living in the U.S. on Nov. 20, 2014 Continuous residence in the U.S. since Jan. 1, 2010; Parent of a U.S. citizen or lawful permanent resident born on or before Nov. 20, 2014; Not an enforcement priority for removal

19 Other New Immigration Provisions Provisional waivers to obtain LPR status for adult sons and daughters of USCs and spouses and children of LPRs Clarification of hardship requirement Advance parole guidance Visa modernization Business, investor visa changes

20 Other New Immigration Provisions U visas (victims of crime) and T visas (trafficking) guidance Naturalization payment options Elimination of S-Comm, replaced by Priority Enforcement Program Increased border enforcement Temporary Protective Status for Liberia, Guinea and Sierra Leone Home country refugee status processing for Honduras, Guatemala, El Salvador

21 Who Was Left Out Probably more than 6 million people No benefit for parents of DACA recipients No special, separate provision for farmworkers Nothing for those who came as adults and do not have children Unclear who LGBT parents and spouses will be considered where marriage equality is unclear

22 Impact and Timing

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24 By the Numbers: DACA 1.2 million currently eligible 426,000 more if met further qualifications 473,000 will age into eligibility 205,000 eligible by eliminating the age cap 85,000 eligible by changing the date requirement TOTAL: 2,389,000

25 By the Numbers: Parents 3.53 million parents of U.S. citizen children 180,000 parents of LPR children TOTAL: 3,710,000

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27 Impact in California Center for American Progress (November 2014) 1,214,000 eligible for deferred action under the new executive actions What s at Stake for the State (Manuel Pastor, Enrico A. Marcelli, May 2013) 2,654,752 undocumented in CA (46% eligible for AR?) Median years in country: 9 Median age of undocumented: 31 Average age at migration: 20 1,222,985 U.S. citizen children in CA have an undocumented parent

28 Impact in the Bay Area 386,947 undocumented in the Bay Area Median years in country: 8 Median age of undocumented: 30 Average age at migration: 21 Top sending regions for undocumented immigrants: Mexico 58% Central American 12% Philippines 6% China 5% India 5%

29 Reaching Immigrants in the Bay Area 730,286 children in the Bay Area have an immigrant parent 134,580 U.S. citizen children in the Bay Area have an undocumented parent 49% speak English well 38% have no school or less than high school education; 28% are high school grads Top occupations: food prep and service (16%), cleaning and household (15%), construction(12%)

30 Tricky! Some People Will Be Eligible for More than One Program Example: Josue came to the U.S. when he was 15 years old, attended schools in Fresno and has his GED. He is now 37 years old and has two children who were born in Visalia. Example: Maribel came to the U.S. in November 2009 when she was 14. She graduated from high school and has a three month old baby who was born in Madera.

31 DACA vs. DAPA Considerations Crimes bars are different for DACAs than for parents There may be special legalization provisions in the future for DREAMers Travel outside the U.S. (advance parole) is currently available for DACA DACA currently eligible for Medi-Cal Terminology is confusing! Call it acción diferida and screen for both?

32 Current Model Screening DACA-Eligible Clients Current Student High School Graduate or GED DACA Future Student

33 Current Student High School Graduate or GED New Model for Screening Clients DACA Future Student Parents of USCs and LPRs DACAeligible Deferred Action

34 Multiple Forms of Relief GED holder (DACA eligible) Parent of child interested in joining the military (PIP eligible) Victim of Crime in the U.S. (U visa eligible) One Person Victim of persecution in home country (asylum eligible) US citizen child (DAPA eligible) LPR spouse (Provisional waiver eligible)

35 Numbers and Timing Program Numbers Eligible Timing of Implementation DACA million Currently Available DACA Expansion 290,000 Mid-February 2015 Deferred Action for Parents 3.71 million Mid-May 2015 Provisional Waivers Unclear Upon guidance or regulations Parole-in-Place for Family Members of those Who Seek to Enlist in the U.S. Military Unknown Unclear

36 Center for American Progress, 2014

37 Issues, Challenges and Opportunities Initial fear and lack of information Cross sector and volunteer efforts Group processing for education and application assistance Triage of cases and work Civic engagement

38 Implementing What We Can Now What Community Members Can Do Now Save Money $465 for application fees and more for legal fees Gather documents ID, residence, family relationship, school Do background check if needed Screen for other immigration options Get referrals to good legal services providers Don t need to pay taxes first

39 Implementing What We Can Now What We Can Do Now Community education through partners, events and media Plan large scale community education events Plan large scale workshops Recruit and train volunteers Help individuals gather documents

40 Implementing What We Can Now What We Can Do Now Screen for other immigration options Develop a good referral system and list Develop a triage system Train other community spokespersons Coordinate efforts with new partners Distribute DIY, anti-fraud and Know Your Rights materials

41 How Executive Action Impacts the Child Welfare System 2014 Immigrant Legal Resource Center 41

42 DACA/DAPA Eligible Youth Most DACA eligible youth & minor DAPA eligible parents in foster care will also be eligible for SIJS They may be eligible for other relief options. SIJS and other relief options are more secure if their plan is to remain in the U.S Immigrant Legal Resource Center 42

43 DACA Eligible Young Adults Some affected by the DACA provisions are adults. Could be relatives of kids in care. It was already clear under SB 1064 that they could be placements but, Greater possibility now of them coming forward as potential relative placements Immigrant Legal Resource Center 43

44 DAPA Eligible Parents/Relatives Greater likelihood that parents and relatives will come forward as placements. Non-custodial parents Relatives of the child in care could be eligible for DAPA as a parent of another child. No age limit was given. Could be grandparents Immigrant Legal Resource Center 44

45 So Greater pool of potential relatives, willing to become involved with a government agency. But, we should still expect mistrust Some might not feel compelled by the limited deferral of DACA/DAPA to come out of the shadows Useful to share also how other laws support inclusion in cases 2014 Immigrant Legal Resource Center 45

46 Federal Law ASFA does not prevent placements with relatives who are undocumented or living outside the U.S. 42 U.S.C. 671(a)(15)(B)(i) & (19) Federal policy guidance clearly recognizes that children may be placed with undocumented persons. Section discusses federal benefits where the child or placement resource is undocumented. ACF Child Welfare Policy Manual, 8.4B Title IV-E, General IV-E Requirements, Aliens/Immigrants Immigrant Legal Resource Center 46

47 Federal Law Child welfare agencies must notify all adult relatives when a child is removed from care of the parent within 30 days of the removal. Only exception is for domestic violence. No exception for undocumented or out of country relatives. 42 U.S.C. 671(a)(29) Immigrant Legal Resource Center 47

48 California Law: SB 1064 In California, SB 1064 makes it very clear that placements with parents and relatives are not barred by immigration status. Cal. Welf. & Inst. 309(a) & Cal. Welf. & Inst (e). State law specifies notice & information provisions Cal. Welf. & Inst (g)(2)(B), (b)(2)(B). Agency may use a relative s foreign passport or consulate ID card as identification to initiate the records fingerprint checks for a home study. Cal. Welf. & Inst. 309(d)(1), 361.4(b)(2) Immigrant Legal Resource Center 48

49 California Law: SB 1064 If your county hasn t already, now is a good time to: Consider adding language in the notices informing relatives of the eligibility criteria for DACA/DAPA. Look at agency home study procedures that might be barriers. Revisit your procedures for screening individuals for possible immigration-related needs Immigrant Legal Resource Center 49

50 Detained? Where family members are detained or in active removal proceedings Though immigration authorities are supposed to be screening current people in active enforcement proceedings, the agency or an attorney could call to let them know a DACA/DAPA parent or relative is detained and might be a resource for a child in foster care Immigrant Legal Resource Center 50

51 Deferred? DACA/DAPA provides a deferral of immigration enforcement. They are not a path to legal permanent residence in the U.S. Consider helping the family explore other immigration relief options. Possible options include: Special Immigration Juvenile Status for any child in state court proceedings T Visas for victims of human trafficking U Visas for victims of certain crimes VAWA Under the Violence Against Women Act for victims of domestic violence Asylum for those who were or would be persecuted if returned to their country of origin 2014 Immigrant Legal Resource Center 51

52 Deferred? SB 1064 provides that the state child welfare agency must guide county DSS agencies on best practices for assisting children in obtaining SIJS and other forms of immigration relief. That guidance must also address: Procedures for helping children apply for SIJS before they reach age 21 or get married. For any child in DSS custody who is 16 or older, reminder that the law requires that their case plan include whether an in-progress application for SIJS or other immigration status exists AND whether an active dependency case is required in support Immigrant Legal Resource Center

53 Questions or Comments? Please type your question or comment into the section of the control panel. The presentation and a recording will be available at ILRC provides FREE technical assistance: Immigrant youth inquiries For those in CA working with or serving youth in the child welfare or juvenile justice systems FREE youth@ilrc.org 72-hour response time Can schedule telephone consultations

54 Executive Action Resources Available National CIRI ( SEIU ( Statewide Ready California (coming soon) Bay Area Bay Area and Regional Collaboratives (BADACA, NAC, East Bay Natz, CRISP, SBLISN, etc.)

55 Resources Available Collaborative meetings and workshops Written materials Training (webinar, video and in-person) Community education and training materials Sample materials Hotlines Listservs

56 Other ILRC Resources Fact sheets on immigration options for undocumented children Fact Sheets: Immigration Options for Children & Youth "Living in the US: Guide for Immigrant Youth (released soon) Immigrant Legal Resource Center