Useful Information for Pediatricians Who Interact with Immigrant Patients and Their Families Immigrant Justice Clinic Samy Dorgham, Student Attorney Megan Doyle, Student Attorney Kristin Donovan, Student Attorney Rudy Castillo, Student Attorney

Immigrant Justice Clinic At the American University Washington College of Law, the Immigrant Justice Clinic provides direct representation on a broad range of immigration cases and work on research and advocacy projects to advance immigrant rights, both in the D.C. metropolitan area and overseas. We are Student Attorneys! Supervising Attorneys Professor Amanda Frost Professor Andrea Parra

Overview I. Immigration categories II. Forms of immigration protection A. I am present in the U.S. and want my family members to join me B. I am a minor present in the U.S. C. I am a survivor present in the U.S. D. I am afraid to return to my home country III. Education and Public Benefits IV. Your Role V. Q&A Session

Immigration Categories

Immigration Categories CITIZENS By birth; Through parents; By naturalization. NON-CITIZENS Immigrants Lawful Permanent Residents (LPRs) Refugees/Asylees Other Lawful Statuses Non-Immigrants Visitors, Students, Temporary Workers Temporary Protected Status (TPS) Undocumented

Basic Terms NON-IMMIGRANT is a status given to people who enter the U.S. on a temporary basis- whether for tourism, business, temporary work, or study. IMMIGRANT is a status given to people who live permanently in the U.S. Derivative is a term referring to people who have a U.S. citizen or green card holder family member and that family member petitions for them to receive immigration status. Green Card Holders are people who are lawful permanent residents in the U.S. and are eligible for citizenship, in time. Deportation is the act and process of formally removing a non- citizen from the U.S. and returning them back to their home country.

Forms of Immigration Protection

I Am Present in the U.S. and Want My Family Members to Join Me

Family Sponsorship U.S. Citizens Green Card Holders Spouse or Fiancé Children, unmarried and married Children, unmarried Parents (if petitioner is 21 or over) Siblings (if petitioner is 21 or over) Unmarried and under 21 Unmarried and 21 or over Married of any age Unmarried 21 or over

I Am A Minor Present In The U.S.

Special Immigrant Juvenile Status (“SIJS”) Designated for noncitizen children who have been neglected, abused, or abandoned by one or both parents to obtain a green card through SIJS. In D.C., Virginia, and Maryland, before petitioning for SIJS, the non-citizen child must obtain a state court order finding that the child has been neglected, abused, or abandoned by one or both parents. In D.C. and Virginia, the non-citizen child must file the state court order before the age of 18. In Maryland, the non-citizen child must file the state court order before the age of 21.* Direct path to lawful permanent residence and citizenship. Maryland just passed a state bill to expand the jurisdiction of Maryland’s juvenile courts by changing the Maryland Family Law definition of a “child” to include unmarried individuals younger than 21 (rather than 18).

Deferred Action for Childhood Arrivals (“DACA”) A form of protection where the government can deport you, but are choosing not to deport you; hence, the term “deferred action.” Eligibility Requirements: You were under 31 years of age as of June 15, 2012; You came to the U.S. before you turned 16; You have been in the U.S. since 2007; and You are in school, have a GED, or a high school degree, or served in the military. DACA recipients can work; however, they cannot apply for a green card.

Hypothetical One Daniel, who is 15-years-old and undocumented, got into a fight one day after class. He comes into your office to check the bruises he sustained during the fight. He tells you that he is now in juvenile delinquency proceedings for the fight. His grandmother, who accompanies him, tells you that he is not a bad boy and he might be acting out because his parents have never been around. What are red flags that you see in this hypothetical? What are some questions that you can ask to further understand Daniel’s situation? The idea of a “safe space”

I Am A Survivor Present In The U.S.

T Visas Designated for those who are or have been “victims” of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking. Human Trafficking The recruitment, transport, or harboring of people for purposes of profit, including forced labor or sexual exploitation. Does not only refer to sex trafficking! Survivors of human trafficking are essentially enslaved- whether by threat, force, abduction, fraud, abuse of power, or other manipulation of their vulnerable position. Minors can apply! Certain family members may be eligible to become derivative T visa recipients. Direct path to lawful permanent residence and citizenship. Under 21 years of age, you may apply on behalf of your spouse, children, parents, and unmarried siblings under the age of 18. 21 years of age or older, you may apply on behalf of your spouse and children.

U Visas U and T visas are not mutually exclusive! Designated for “victims” of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The survivor must prove that she suffered “substantial physical or mental abuse” as a result of the qualifying crime. (Physicians can help- medical evaluations) Minors can apply! Certain family members may be eligible to become derivative U visa recipients. Direct path to lawful permanent residence and citizenship.

Qualifying Criminal Activities U Visas Qualifying Criminal Activities Abduction Incest Slave Trade Abusive Sexual Contact Involuntary Servitude Trafficking Blackmail Kidnapping Sexual Assault Domestic Violence Manslaughter Sexual Exploitation Extortion Murder Stalking False Imprisonment Obstruction of Justice Torture Female Genital Mutilation Perjury Unlawful Criminal Restraint Felonious Assault Peonage Witness Tampering Fraud in Foreign Labor Contracting Prostitution Other Related Crimes Hostage Rape

Violence Against Women Act (“VAWA”) Designated for battered and abused spouses (and certain children) to obtain a green card without the cooperation of the U.S. citizen or permanent resident relative who is abusing them. Your spouse is a U.S. citizen or legal permanent resident and he battered or abused you or your child (under 21 years old). Applicable to domestic partner in 9 states. Your parent or step-parent is a U.S. citizen or permanent resident and he battered or abused you (and you are unmarried and under 21). DOES NOT just apply to women. Applies to any person, regardless of gender identity, that has experienced any domestic abuse.

Hypothetical Two Pedro, a 12-years-old boy, is brought into your office because he is running an incredibility high fever. The woman that brings Pedro to your office tells you that she is his adoptive mother. You sense that Pedro is afraid of this woman. When you tell the woman about Pedro’s recovery process, she asks how long will it be before he can work. When she steps out to take a phone call, Pedro tells you that she makes him work constantly, and he has tried to run away once before, but was told that if he did it again, his family would be in danger. His family lives in El Salvador. What are red flags that you see in this hypothetical? What are some questions that you can ask to further understand Pedro’s situation?

Hypothetical Three One of your patients, Mary, has a mother that you often see with bruises. In a check-up, you notice that Mary is fatigued. When you ask her about it, she is almost hesitant, but tells you that she has not been sleeping well because she can’t sleep through Daddy’s yelling and Mommy’s screaming and crying. Mary’s mother becomes immediately embarrassed, and does not say anything. What are red flags that you see in this hypothetical? What are some questions that you can ask to further understand Mary’s situation?

I Am Afraid To Return to My Home Country

Asylum A form of protection afforded by the U.S. government to an immigrant who demonstrates a ‘well-founded fear of persecution’ based on race, religion, nationality, political opinion, or membership in a particular social group. Persecution? One-Year Filing Deadline An asylum applicant must apply for asylum within 1-year after the date of her last arrival in the United States. If not, that applicant must show either changed or extraordinary circumstances.

Withholding and Convention Against Torture (“CAT”) These forms of protection only apply if an immigrant is in deportation proceedings! Withholding of Removal A form of protection afforded by the U.S. government to an immigrant who demonstrates more than a 50% chance that she will be persecuted in her home country on account of her race, religion, nationality, political opinion, or membership in a particular social group. CAT A form of protection afforded by the U.S. government to an immigrant who demonstrates that it is more likely than not that she would be tortured if removed to the country from which she is claiming protection.

Hypothetical Four Aman, a citizen of Jamaica, is 10-years-old and a patient of yours. During her visit, you learn that her mother has died several years ago. As you keep talking to Aman, you learn that she now lives with her father and his partner. They left Jamaica because her father and his partner were receiving threats in their village because of their sexual orientation. What are red flags that you see in this hypothetical? What are some questions you can ask to further understand Aman’s situation?

Hypothetical Five Miguel is a Guatemalan citizen who fled Guatemala with his mother a few months before he comes into your office. Miguel is 15-years-old and was very involved in protests against a local guerilla movement. As a result of his active involvement, one night, Miguel was kidnapped from his home and tortured. His mother was unsure of her whereabouts for two days. When he came back, he was badly beaten and injured. During your examination, you can still see the physical trauma. Miguel tells you that he and his mother fled after that night out of fear of future harm. What are red flags that you see in this hypothetical? What are some questions that you can ask to further understand Miguel’s situation?

Education and Public Benefits

Education Undocumented children can be enrolled in public schools. While school officials can ask for proof of residence, they cannot ask for proof of citizenship. *Daycare Undocumented children can apply for college. If they are DACA recipients, they may, in specific circumstances, be eligible for financial aid.* U.S. Department of Health and Human Services (“HHS”) If a non-citizen child is in the care of HHS, HHS will provide them with shelter, care, and educational services.

D.C. Healthcare Alliance Program (“The Alliance”) Provides health insurance to low-income families who have no other health insurance and are not eligible for either Medicaid or Medicare. To be eligible, must be a resident of D.C. However, since residency can be obtained even if undocumented, undocumented individuals are eligible for this type of program.

Early Intervention Program This program provides early identification and development services for infants and toddlers, ages birth to three, with a developmental delay or disability, and their families. This program is offered in D.C., Virginia, and Maryland.

Fostering Connections to Success and Increasing Adoption Act The Fostering Connections Act mandates that if a child is put in any sort of proceedings, which attempts to remove them from the U.S., a court must make every effort to contact any family member of that child in the U.S. who could act as a guardian.

Your Role

How Can Pediatricians Assist in Immigration Legal Proceedings? Affidavit Provide Expert Testimony In Court Medical Examinations Referrals to Immigration Lawyers

Q&A Session

THANK YOU! On behalf of the Immigrant Justice Clinic, we would like to thank you for attending tonight’s event and wanting to learn more and be of assistance to immigrant populations! Below is our website and social media accounts! Website: https://www.wcl.american.edu/clinical/ijc/ Facebook: https://www.facebook.com/WCLClinic/ Twitter: https://twitter.com/wclclinic/