Michelle Brane Women’s Refugee Commission Impacts of Trump Immigration Enforcement Executive Orders on Children and Families and Parental Interest Issues.

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Presentation transcript:

Michelle Brane Women’s Refugee Commission Impacts of Trump Immigration Enforcement Executive Orders on Children and Families and Parental Interest Issues The WRC is a research and advocacy organization that works to improve the lives and protect the rights of women, children and youth displaced by conflict and crisis First became aware of the issues we’re discussing today while conducting research on immigration detention conditions; women began to tell us that they didn’t know where their children were (and, in fact, would accept their deportation if they could ensure that their children are safe) We have created tools and resources to help parents make a safety plan and help those who work with them take steps to increase the likelihood of family reunification at the end of an immigration case

Overview of Presentation How are the EOS playing out now in Context of Immigration enforcement and Child Welfare Existing DHS policies and procedures affecting family unity – Parental Interest Directive Safety Planning Interventions and Resources Just to give you a quick sense of the topics I am going to discuss in the next few minutes

Key Federal Agencies U.S. Customs and Border Protection (CBP) U.S. Immigration and Customs Enforcement (ICE) U.S. Citizenship and Immigration Services (USCIS) HHS Office of Refugee Resettlement (ORR) I know we have varying levels of knowledge about the immigration system writ large and immigration enforcement on this call, so I wanted to start by providing some quick baseline knowledge of the actors and processes that most often effect children and families CBP – responsible for apprehensions at the border and overall border security; you may encounter families who were apprehended by CBP and released into the interior; it’s possible that some family members may be in immigration detention while others are not; be aware that USC children you serve may have had the experience of being apprehended by CBP if they left the country with undocumented parents who later returned (can be very traumatic) ICE – carries out enforcement actions in the interior, often with the cooperation of state and local law enforcement; they are also charged with immigration detention and removal (deportation); if an immigration enforcement actions takes place in your area it was most likely conducted by ICE; if a parent is taken into custody they are most likely in an ICE detention center USCIS – adjudicates affirmative applications for immigration benefits; you may hear their name mentioned in the context of Special Immigrant Juvenile Status ORR – agency of HHS; provides care and custody for unaccompanied children; some of the children you serve may have been in ORR custody and later reunified with family (most often children from Central American apprehended along the border and seeking protection)

DHS Ramping Up Enforcement No priorities means everyone at risk Fear is large part of the strategy Ripple effect on children and communities Children/parents afraid to go to schools Families afraid to access benefits/services Victims afraid to report crimes

What Does Interior Enforcement Look Like and how does it affect child safety and custody? Fugitive operations (home raids; operations near schools) Worksite raids CBP traffic stops Cooperation with local and state law enforcement (287(g) and Secure Communities) Interior enforcement can play out in many different ways….fugitive op, worksite raids, CBP traffic stops, cooperation with states and localities Currently, we are seeing mostly fugitive operations (including in homes and near schools) and CBP stops – mostly targeting those who have been previously removed ICE time of apprehension protocols designed to minimize child endangerment and trauma to children are in flux; worksite raids involving 25 or more people; fugitive operations guidance directs ICE agents to call CBP or local police and only allows a parent to make a care arrangement of their choosing if those options are not feasible (we hope this will change - but currently there is little clarity around existing guidance) As a result of these actions and the lack of child safety protocols we see children left behind without a caregiver as well as significant impact on children’s overall well-being; Research by Urban Institute and MPI (Facing Our Future, Feb. 2010) found that children who witness their parent’s arrest are more likely to experience long-term mental health impacts, school disruptions, housing instability, food hardship and economic insecurity; families may be struggling with whether to leave the US or split up the family so some members (often USC children) can stay in the US Important to be mindful of and attentive to the possibility of these patterns in the children you serve – particularly if there have been recent immigration enforcement actions in your community; children can be affected by widespread sense of insecurity and fear even if their family was not directly affected

What Happens When A Person is Apprehended by ICE? Sent to immigration detention (facilities nationwide) No opportunity to make childcare arrangements Those with prior deportations can be deported rapidly without judicial review Child at risk, may lose custody or be unable to reunite Particularly in the case of individuals who were previously deported, the timeline from apprehension by ICE to deportation can be as short as 36 hours Others, like those who ask for asylum (protection) can stay in detention for years; children can be separated from their parents for many different reasons and the parent may or may not be in the US

Existing ICE Family Unity Policies and Procedures Prosecutorial Discretion (narrowed but exists) ICE Sensitive Locations Memo Stipulated locations include pre-schools, primary schools, childcare and early education programs Transfer Memo Limits ICE transfers away from attorneys and family Under the Obama Administration, ICE took steps to reduce the risk of collateral consequences on children The policies I am going to flag here remain officially in effect and have not changed. However, ICE is not always complying with them or is seeking to bend their contours in a way that allows the agency to make more arrests Under Prosecutorial Discretion, ICE agents were directed to prioritize the use of their resources to detain and remove certain categories including persons with criminal convictions and those who failed to leave the country after being ordered deported; PD still exists but it is no longer being applied to whole categories of people like parents of minor children; but ICE can still release a parent to prevent harm to children ICE Sensitive Locations memo remains in effect; it directs ICE personnel to avoid arrests at certain “sensitive locations” including churches, schools, childcare programs; agency is getting around this limitation by conducting arrests close to schools but no on school grounds (CA case where daughter filmed her father’s arrest); childcare and early education programs should be reviewing their safety protocols and seeking legal input as needed to know their rights and responsibilities should ICE attempt to arrest a person on your property CLASP will follow-up with Department of Education fact sheet on sensitive locations

ICE Parental Interests Directive Facilitates parents’ ability to maintain relationship with children, esp. those in child welfare custody Can help parents: Remain near children Participate in reunification plans and court Reunite at conclusion of case Certain provisions (discretion and parole) are rescinded but still part of immigration law ICE PI Directive was put in place to ensure that parents who are dually involved with the immigration and child welfare systems can maintain a relationship with their children, comply with a reunification case plan and participate in court proceedings affecting their parental rights PID is officially still in effect; however it is being modified as a result of the EOs with prosecutorial discretion and language on granting a deported parent temporary humanitarian parole to return to the US to attend a TPR hearing likely to be removed We are encouraging people to use the PID and to document how it is (or is not) being complied with The utility of the PID depend on the willingness of parents to tell ICE they have children; we used to recommend this course of action however, recently, we cannot counsel that an individual tell ICE about a child if they or their caregiver is undocumented

Safety Planning MAKE A PLAN Think about who will care for children if mom or dad are detained. Will they stay or go? Power of attorney is not always the answer and not always necessary. Gather documents and make wishes clear – regarding school, medical issues etc.

Critical documents Passports Registration with home country School documents Stamped/original birth certificate Medical/vaccination records Scan, make copies, ensure all relevant people have copies

Emergency planning Ensure school/neighbors/friends/ etc have information on who to call and what to do with children if mom or dad are detained. I – telephone numbers, relationship etc. Attorney info – A#, name and place of birth Memorize key info – attorney #, caretaker# etc. Inform children of plan

Julie Plavsic: Julie.Plavsic@ice.dhs.gov What Can You Do To Help? If a US Citizen child is affected by a parent’s detention: ICE Detention Reporting & Info Line: 1-888-351-4024 ICE Parental Interests Email: ero.info@ice.dhs.gov (Put parental interests in subject line) Direct emergency cases to the ICE Parental Interests Coordinator Julie Plavsic: Julie.Plavsic@ice.dhs.gov Elisa will talk a lot more about safety planning and ways to support children and families I wanted to leave you with some topline suggestions if you find that a child is being adversely affected by a parent’s detention; caveat this with the caution that our advice differs depending on the status of the child!!! he rumored EO on public benefits has not been signed (have been leaks of reported drafts); in the absence of a signed EO, current policies regarding immigrant eligibility for public benefits remain the same If a child is a USC……

Let us know: laurenb@wrcommission.org identifying details will remain confidential Name, A#, contract info for parent State of residence and of apprehension Number of children, names and ages Contact info for caretaker or case manager or children Summary of what happened Are they willing to speak to the press?

Important Consideration If a child or the person caring for them is undocumented, do not contact ICE. Doing so may put the child or their caregiver at risk Refer family to an immigration attorney: http://www.ailalawyer.org/

Resources for Educators, Advocates and Allies WRC’s Make A Plan: Migrant Parents’ Guide to Preventing Family Separation WRC Parental Rights Toolkit: Detained or Deported: What About My Children? Add’l resources for attorneys, social workers, educators, and parents in development I wanted to close by directing you specifically to some materials on the WRC website that may be useful to you: Safety Planning 2 pager (for families who fear involvement with ICE) Toolkit: most useful for those trying to help parents navigate detention and child welfare concerns Materials are being updated and additional resources are under development – please check back

For more information: Emily Butera Sr. Program Officer, Migrant Rights & Justice Women’s Refugee Commission emilyb@wrcommission.org Or me at Michelle Brane michelleb@wrcommission.org

womensrefugeecommission.org