Immigration and Kids in Louisiana: What is going on and what can we do? Kathleen Gasparian Gasparian Immigration 504.26.9878 kathleen@gasparianimmigration .com
Basic vocabulary refresher US Citizen Can only petition for parent when over the age of 21 Permanent Resident (aka Immigrant) Non-immigrant Other, but authorized – refugee or TPS or DACA Undocumented
Who are we talking about? Undocumented child with undocumented parent(s) Undocumented child with parent(s) with non-permanent authorization Undocumented child with permanent resident or citizen parent(s) Documented child with undocumented parent(s) Documented child with parent(s) with non-permanent authorization Documented child with permanent resident or citizen parent(s) but other members are undocumented Child and/or parents have a status that is ending
In Louisiana the immigrant population rose by 60.8% between 2000 and 2015, thus: 4% (186,369) of the state’s population is foreign-born; 7% of Louisiana children under the age of 18 have one or more immigrant parents; 84.5% of Louisiana children in immigrant families are U.S. citizens; and 49% of the foreign born population is limited English proficient2 (regions of origin: Latin America (52.7%); Asia (32.4%); Europe (9.7%); Africa (3.1%); and Canada (1.8%))
Where are they? Orleans, Jefferson and East Baton Rouge are top
The Impact of DACA Nationally 790,000 In Louisiana – more than 2,000 Unclear as to ages etc. - b/c of rules relating to age at time of filing if not in proceedings will be at least teenagers or older Phasing out – will see expirations in late Spring 2018 And then what will happen?
The Impact of Changes in Enforcement Revocation of the prosecutorial discretion memos Policy of “everyone” Active enforcement Cooperation with local enforcement agencies CBP more active in arrests “no bond” policy
The Impact of Sanctuary sanctions Fear of police, etc. Fear to report crimes Increased vulnerability
The Impact of the End of TPS Nicaragua ending (est. 2,500) Sudan ending Future of Honduras, El Salvador, Haiti uncertain 57,000 Hondurans 200,000 Salvadorans Honduras / El Salvador designated in the late 90s.
The Impact in the legal definitions of UACs and how children are treated in removal Cases move faster/ less discretion Harder to present cases
The Impact of all of it on kids coming from Central America Lower numbers Some question this – state CBP is not processing Increased border detention Those who are here Bullying Vulnerability to trafficking Survival crimes
What can we do? Immigration Relief for Kids Special Immigrant Juvenile Status Asylum U visas T visas Adoption
What can we do? In anticipation of ICE arrest, detention, or removal Provisional Custody by Mandate http://appleseedla.wpengine.com/wp-content/uploads/2016/04/Custody-Affidavits-and-School-Enrollment.pdf Powers of Attorney Creating family action plans
What can we do? Know your rights! Educate others! ACLU https://www.aclu.org/know-your-rights Don’t just know them – talk about them, practice them, educate the household, etc.
What can we do? Relief for victims of domestic violence, crimes, and trafficking YES U visa T visa VAWA Other relief
What can we do? Advocate for Language Access Courts Child Services Schools And beyond
What can we do? VOTE THEM OUT Call and complain March and protest LOCAL and STATE LEVEL MATTER Call and complain March and protest
What can we do? Offer Sanctuary Refuse to be quiet Educate ourselves and educate others Advocate for constitutional enforcement Advocate for new law
If no new law…. Courts are very backlogged Emphasis on detention Long waits
What else Advocate that the foreign national see a lawyer Be kind Pro Bono resources – www.usdoj.gov/eoir CCANO The Pro Bono Project The Family Justice Center Be kind Be respectful Call out racism and xenophobia
Immigration and Kids in Louisiana: What is going on and what can we do? Kathleen Gasparian Gasparian Immigration 504.26.9878 kathleen@gasparianimmigration .com