Adiyah Ali, Kids In Need of Defense (DC) Gabriele Ross, Homeless Liaison, Evergreen School District (WA) November 7,

Immigration Resources Immigration and Schools: Supporting Success for Undocumented Unaccompanied Homeless Youth  EOIR list of Free Legal Services Providers ACLU’s Immigrant Services Directory: Public Resources for Intake Referrals  services-directory-public-resource-intake-referrals services-directory-public-resource-intake-referrals 2

Who Are Undocumented Immigrant Students? Children with families who don’t have lawful status Unaccompanied youth  Over 8,000 placed in U.S. custody each year  Children under 18 who come to the US without a parent or legal guardian and have no parent or legal guardian in the U.S. available to provide care and physical custody  An unknown number of others come with family but are separated after they cross the border  Some may be in immigration proceedings, others may not  Fleeing human rights abuses, poverty, natural disasters 3

What’s the Lingo for Immigrants? Immigrants: intend to remain indefinitely Non-immigrants: temporary and specific purpose Lawful status: have permission to be in the US and compliant with terms Without status/out of status/undocumented: Without permission and/or noncompliant 4

What’s the Lingo for Immigration Enforcement? Dept. of Homeland Security (DHS)  US Citizenship and Immigration Service (USCIS)  Immigration of Customs Enforcement (ICE)  Customs and Border Protection (CBP) 5

What’s the Lingo for Immigrant Youth? Dept. of Health & Human Services (HHS )  Office of Refugee Resettlement (ORR)  Unaccompanied Refugee Minors Program (URM)  Division of Unaccompanied Children’s Services (DUCS) 6

What Are Undocumented Students’ Education Rights? The same right to attend public school as citizens. Plyler v. Doe (Supreme Court, 1982) Schools cannot require immigration documents or social security numbers for enrollment. Schools (except in Alabama) cannot ask any immigration questions or “chill” enrollment. 7

Undocumented Students’ Education Rights New guidance from USED:  eague pdf eague pdf  factsheet html factsheet html "Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law.” 8

What if a Parent/Youth Shares Immigration Information Voluntarily? Do not call immigration authorities. Do not tell others at school or in the community. Do support them as you would support other families and youth. Do offer information about immigration advocacy and service providers. Do not interfere with an active immigration investigation. 9

What About Access to Other Services? Vocational services may require social security numbers or employment authorization. Public benefits may require immigration documentation. States may require immigration documentation to obtain ID’s and driver's licenses. 10

What About Higher Education? Undocumented immigrants can apply to public colleges and universities, except for those in AL, GA and SC. TX, CA, NY, UT, IL, WA, NE, NM, OK, KS, MD, CT and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants. 11

Higher Education – Financial Aid Federal and most state (except NM and TX) financial aid require immigration documentation. Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented.  However, if the student or parents supply a fake or stolen social security number on the FAFSA, it will be rejected. Students should enter as their parent's social security number. 12

Longer Term Solutions Potential Paths to Legal Status It’s important for youth to start the process early. It’s important for youth and families to seek legal assistance! 13

Potential Paths to Legal Status - Asylum Asylum– People who have suffered persecution, or face a reasonable possibility of persecution, in their home country, on the basis of race, religion, nationality, membership in a particular social group, or political opinion. 14

Asylum (cont.) Possible grounds for asylum for unaccompanied children in the United States:  Recruitment as a gang member or child soldier  Child forced into prostitution, or marriage  Female genital mutilation  Political activity of child or her/his parent  Child targeted on basis of sexual orientation  Vulnerability as a street child or victim of domestic violence 15

Potential Paths to Legal Status – SIJS Special Immigrant Juvenile Status (SIJS) — For children who cannot reunify with their parents due to abuse, abandonment or neglect  Determination by a state “juvenile” court is a prerequisite to applying for SIJS  Can lead to lawful permanent status 16

SIJS (cont.) Eligibility criteria  Unmarried & under 21; subject to state law age limits  Abuse, abandonment, neglect or similar maltreatment  Not viable to reunify with parents  Not in best interests to return to country of origin  Dependent on juvenile court or placed in custody, in accordance with state law 17

Potential Paths to Legal Status – U visa U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help). Being a victim of child abuse meets the first criterion, if the abuse would also be a crime. 18

Potential Paths to Legal Status – VAWA Violence Against Women Act (VAWA) -- Youth who are being abused by a parent or other adult who is a legal resident or citizen with whom child resides. Extreme cruelty – can be physical, emotional or mental. Children can also be included on an abused parent’s application. 19

Potential Paths to Legal Status – T visa Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; OR The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, debt bondage or slavery. 20

5 Things You Can Do 1. Share information about the rights of students who are undocumented and those who are homeless.  Collaborate with immigrant-serving agencies in your community.  Help youth navigate higher education admissions and financial aid. 21

5 Things You Can Do (cont.) 2.Do not assume that all youth have lawful immigration status.  Keep in mind that some youth may not have immigration documents when planning activities, such as voter registration events, vocational opportunities, or field trips requiring identification. 22

5 Things You Can Do (cont.) 3.Never push for information about a youth’s or family’s immigration status.  It’s illegal for schools.  However, staff should remain open to talking about immigration issues if youth disclose their status. 23

5 Things You Can Do (cont.) 4.If you become aware that a youth is undocumented, encourage him or her to seek legal help immediately.  Inform the youth that, most likely, it will be easier to obtain legal immigration status before turning 18 years old. 24

5 Things You Can Do (cont.)  If requested, assist youth in connecting with a reputable legal services agency.  Assure the youth that legal services agencies are required to maintain confidentiality.  Assist attorneys in building a relationship and trust with the youth. 25

5 Things You Can Do (cont.) 5.Support youth through the immigration process.  Help compile documents the youth will need.  Provide a mailing address for immigration notices.  Remind youth about immigration-related appointments and support their attendance. 26

Resources: Immigrants Papers: Stories of Undocumented Youth Legal Issues for School Districts Related to the Education of Undocumented Children (National School Boards Association and National Education Association, 2009) ldren.pdf 27

Resources: Immigrants Kids in Need of Defense (KIND) Local Catholic Charities offices, other legal services organizations in your community 28

Resources: Higher Education The College Board aid/undocumented-students -lives-on-hold-college-board.pdf The Dream Act Portal Dream Activist 29

Resources: Higher Education Scholarships for undocumented students   documented.pdf  Educators for Fair Consideration  Information for federal financial aid for unaccompanied youth with lawful status 30

Resources: Generally NAEHCY  NCHE  Runaway Switchboard 31