SERVING CP&P’S IMMIGRANT POPULATION Meredith Pindar Immigration Legal Specialist Office of Legal & Legislative Affairs NJ Department of Children & Families
STABILITY & PERMANENCY ◦ Sense of safety ◦ Keep families together ◦ Alleviate vulnerability ◦ Ability to work legally ◦ Access to public benefits/ assistance (federal gap) ◦ Health Insurance (Medicaid) ◦ Financial Aid for Education
IDENTIFYING A NEED Foreign born residents make up 21.7% of New Jersey’s population according to the most recent U.S. Census (See: http://www.census.gov/quickfacts/table/PST045216/34) DCF/CP&P’s immigrant population?? How to recognize when a client might benefit from immigration legal assistance? - social security #? - foreign birth certificate? - unable to provide or unsure about providing identifying documentation Should we move bottom part of this slide to later in presentation when we discuss process?
OLD SYSTEM/ NO SYSTEM No centralization Cost: $1,000 – $5,000 or more/case + fees No guarantee of quality Not CP&P specific
PARTNERING WITH RUTGERS Centralized legal services & permits tracking the need for assistance in the population CP&P serves MOU Started: May 2016 3 Attorneys: 2 North; 1 South Cases: 205 to date Parameters: children 0-21; open cases * parents, refer out, see list Priorities: Aging out, Removal Proceedings, Custody
Total Cases since inception: 205 DATA on current cases Total Cases since inception: 205 112 active 22 inactive 14 referred/holding 57 closed
DATA on REFERRED cases country of origin Number of Cases Guatemala 37 Honduras 34 Mexico, El Salvador 27 Dominican Republic (10), Haiti (8), Ecuador (7), Colombia (6) 6-10 Peru (5), Liberia (5), Jamaica (4), China (4), Poland (3), Ivory Coast (3) 3-5 Jordan, Bahrain, Nigeria, Philippines, India 2 Korea, Ghana, B.V.I., Argentina, Brazil, Spain, Granada, Chile, Belarus 1 Not Provided 6 Total 205
WHAT RELIEF IS AVAILABLE?
Undocumented → LPR Special Immigrant Juvenile Status (SIJS) - abused, neglected or abandoned children U-Visa – victims of crime Asylum/Refugee – persecuted by gov’t or group T-Visa – victims of human trafficking VAWA – victims of domestic violence
SPECIAL Immigrant Juvenile Status ● Defined: Immigration and Nationality Act § 101(a)(27)(J) An immigrant who is present in the United States – Under 21 Unmarried Declared dependent on the court OR placed under the custody of an agency of a State, an individual, or an entity appointed by the State or juvenile court Reunification w/ 1 or both parents is not viable due to abuse, neglect, abandonment or similar basis under State Law Not in child’s best interest to be returned to country of origin
CP&P CERTIFICATION PROCESS Attorney must provide completed certification for signature & letter request Send Request to Legal Affairs (Meredith Pindar/ Clinton Page); LO Staff are not “designated” Worker/Supervisor provide OLA with info. about the case & cooperation OLA reviews request, info. from LO, NJ Spirit records
In Removal Proceedings?
Unaccompanied Minors Released to NJ - by County FY 14 FY 15 FY 16 FY 17 Bergen 202 191 281 223 Camden 91 (<50) 72 61 Essex 344 165 288 197 Hudson 325 183 367 297 Mercer 203 87 193 215 Middlesex 192 67 167 127 Monmouth 69 (<50) 57 Morris 234 56 126 139 Ocean (<50) 50 Passaic 90 105 63 Somerset 99 71 Union 582 395 669 440 2,055: October 2016-July 2017 7th in country behind: California (5683); Texas (5024); Florida (3720); New York (3650); Maryland (2773); Virginia (2705) http://www.acf.hhs.gov/programs/orr/unaccompanied-children-released-to-sponsors-by-county
PARTNERSHIP STRENGTHS/IMPROVEMENTS Track and monitor immigration-related issues Ensure Quality Services/Representation Respond to CP&P immigration questions/concerns LPR or USC status for numerous CP&P children Representation of children in immigration court Verify immigration status for CP&P children Obtain identification documents (i.e. birth certificate and passports) Educate clients about immigrant rights and responsibilities
The GREAT HURDLE: DOCUMENTS 1. INTERNATIONAL SOCIAL SERVICES Locating Family in Other Countries Locating Foreign Documents in Other Countries Document translation services See CPP–IV-C-9-200/ referral form (Gayle Williamson) 2. WORKING WITH CONSULATES ◦ Provide lots of services for their nationals ◦ Travel & document location & creation services ◦ Partnership w/ Mexico ◦ Contact Office of Legal Affairs for Assistance
Placing with Undocumented Family Resources CPP-IV-A -11-200: Placement of Children with Kinship Caregivers Who Are Undocumented Immigrants “A child may be placed with kinship caregivers who are undocumented immigrants only when such placement is clearly in the child’s best interest. Approval must be obtained from the CP&P Director or designee prior to placement, and a waiver of the home study requirement in N.J.A.C. 10:122C-5.3(a)(1)(ii) must be granted by the Office of Licensing.”