1. Northwest Immigrant Rights Project
Immigration 101: A Training for Social Service Providers
December 6, 2016
Northwest Immigrant Rights Project
NWIRP provides comprehensive immigration legal services for low-income people in Washington State
Focus primarily on direct legal services
Also engage in: impact litigation, systemic advocacy, community education
Four offices: Seattle, Granger, Wenatchee, Tacoma
In this section, also introduce any of the presenters
Northwest Immigrant Rights Project

2. Types of Immigration Status
Immigration 101: A Training for Social Service Providers
December 6, 2016
Types of Immigration Status
US Citizen
US National
LPR
Asylee
Refugee
AOS Applicant
Deferred Action
Approved I-360
ABC Class Member
A-1, A-2, A-3
B-1 Business
B-2 Tourist
Visa Waiver Program
C-1, 2, 3, 4 Transit
D-1,2 Crewmen
E-1,2 Treaty
F-1,2 Student
G-1-5 Int’l Org
H-1B Specialty
H-1C Nurses
H-2A Ag Worker
H-2B Temp Worker
H-3, 4
I - Media
J-1, 2 Exchange
K-1,2,3,4 Fiance(e)
L-1A,1B,2 Corp
M-1,2 Vocational
N-8,9 – Special Imm.
NATO – 1-7
O-1,2,3 Extraord.
P – 1-4 Athletes/Entr
Q-1,2,3 Exchange
R-1,2 Religious
S-5,6 Informant
T – 1-4 Trafficking
TN, TD – Trade
TWOV – Transit
U – 1-4 Victims
V – 1-3 LPR Family
Humanitarian Parole
TPS
Derivative
245(i)
I-730
NACARA
EWI
Conditional Resident
Approved I-130
DACA
Diversity Visa
Overstay
Sig Public Interest Parole
SIJS
Withholding
CAT
Cuban Adjustment
Lautenberg Amend.
And many more…
I use this slide to explain how complicated the immigration system and the fact that there are many different types of immigration status someone might have but that we are trying to simplify…
Northwest Immigrant Rights Project

3. How to Get a Green Card (LPR)?
Immigration 101: A Training for Social Service Providers
December 6, 2016
How to Get a Green Card (LPR)?
In the U.S.
Yes
Eligible to “adjust”?
Application / Interview in US No
Eligible for Petition?
Waitlist?
Green
Card
Bars?
Leave US?
I place this slide here to again go over the process and how some people won’t be eligible to adjust.
Process at
US Consulate
Consulate
Interview
Outside
U.S.
Northwest Immigrant Rights Project

4. How Do People End Up in Removal?
Immigration 101: A Training for Social Service Providers
December 6, 2016
How Do People End Up in Removal?
Interaction with Criminal Justice System:
ICE detains an individual after he/she was in jail or contact with probation officer
Filing an application that is denied:
USCIS refers the case to ICE
Other interactions with ICE and Border Patrol:
Stopped at the border, checkpoints, etc…
Post-election, we might see other ways (more later)
People in removal proceedings may be detained or not detained
How is it that people end up in detention. Most people get caught up because they were arrested by a local law enforcement officer even for minor offense. ICE officials are routinely in jails trying to identify individuals. Explain that this could all change after the election.
Northwest Immigrant Rights Project

5. Immigration 101: A Training for Social Service Providers
December 6, 2016
Immigration Court
There is NO right to an appointed attorney in immigration court if the person cannot afford a private attorney.
Many people are forced to represent themselves:
Approximately 35 % of removal cases in Seattle and 92% of those completed in Tacoma were unrepresented!!!
Northwest Immigrant Rights Project

6. Who is at the detention center?
Asylum-seekers
Asylees and refugees
Undocumented immigrants
Lawful permanent residents
Visa overstays
Mentally ill
Pregnant women
LGBTQ
Survivors of human trafficking
Unaccompanied Youth
Population = ~ 88% male; from > 70 countries, but > 80% from Mexico and Central America
Length of detention = 2 weeks – 4 years (or more)
Two-thirds of the nearly 2 million deportation cases since Obama took office involved people who had no criminal record at all, or had committed minor infractions, including traffic violations:
With the Obama administration deporting illegal immigrants at a record pace, the president has said the government is going after “criminals, gang bangers, people who are hurting the community, not after students, not after folks who are here just because they’re trying to figure out how to feed their families.”
But a New York Times analysis of internal government records shows that since President Obama took office, two- thirds of the nearly two million deportation cases involve people who had committed minor infractions, including traffic violations, or had no criminal record at all. Twenty percent — or about 394,000 — of the cases involved people convicted of serious crimes, including drug-related offenses, the records show.
Source: NY TIMES, “More Deportations Follow Minor Crimes, Records Show” (April 6, 2014), at

7. IMMIGRATION Landscape Today
Immigration 101: A Training for Social Service Providers
December 6, 2016
IMMIGRATION Landscape Today
Northwest Immigrant Rights Project

8. Interior Enforcement Executive Order (Jan. 25, 2017)
Immigration 101: A Training for Social Service Providers
December 6, 2016
Interior Enforcement Executive Order (Jan. 25, 2017)
Sweeping Enforcement Priorities:
Anyone charged with any criminal offense or
Who “has committed acts” that constitute a crime (no requirement for a conviction), or
Who is, “in the judgment of an immigration officer,” a public safety risk
Fines for “those who facilitate” the presence of undocumented people in the U.S.
10,000 additional immigration officers with no funding for more IJs
Increased state enforcement of immigration law
Revoking federal funding and other penalties for “sanctuary jurisdictions”
Northwest Immigrant Rights Project

9. Border Security Executive Order (Jan. 25, 2017)
Immigration 101: A Training for Social Service Providers
December 6, 2016
Border Security Executive Order (Jan. 25, 2017)
Describes asylum-seekers as dangerous
Build a wall along the southern border
Ramp up construction of detention centers—including private for-profit facilities—near border
Increase number of people (especially asylum-seekers) detained
5,000 more Border Patrol Agents (no more IJs)
Removal proceedings from Mexico
More state-federal enforcement agreements
Potential for removal without a hearing for individuals who have been in the U.S. up to two years
Northwest Immigrant Rights Project

10. “National Security” Executive Order (Jan. 27, 2017)
Immigration 101: A Training for Social Service Providers
December 6, 2016
“National Security” Executive Order (Jan. 27, 2017)
President Trump signed an executive order which:
Suspended entry for 90 days for individuals from seven countries (Yemen, Iraq, Iran, Somalia, Sudan, Libya, Syria)
Barring any refugees from being admitted into the U.S. for 120 days
Indefinitely barring the entry of Syrian refugees
Immediate + confusing implementation, to refugees, visa holders and green-card holders
Pending litigation
Department of Justice Appeal to US Supreme Court
Northwest Immigrant Rights Project

11. Changes to Immigration Enforcement
Immigration 101: A Training for Social Service Providers
December 6, 2016
Changes to Immigration Enforcement
Increased focus on anyone who interacts with criminal justice system
Increased enforcement near border (including northern counties and Olympic peninsula)
Increased “fugitive operations teams” looking for those with prior deportation orders
Workplace raids
Eliminate use of prosecutorial discretion
Even more immigration detention
Important to note that some of this is already happening but we will see more of it and that some things we have not seen under Obama (i.e. workplace raids) are likely to start up again
Northwest Immigrant Rights Project

12. What Might Change and When
Immigration 101: A Training for Social Service Providers
December 6, 2016
What Might Change and When
Quickest Changes: More Executive Actions
i.e. DACA, Enforcement Priorities
Workplace Raids
Not As Quick But No Congressional Action Required
Regulations: i.e. Provisional Waiver process
May Take More Time: Congressional Action Required:
Budget: More Agents/Detention, More Immigration Courts
Changes to Immigration Law:
Mandatory E-Verify
Tougher penalties for immigration violation
Point here is that some changes may happen very quickly (DACA) while others may take some time because Congress will have to act or they will have to provide funding for it or make changes to statutes
Northwest Immigrant Rights Project

13. What Will Happen to DACA?
Immigration 101: A Training for Social Service Providers
December 6, 2016
What Will Happen to DACA?
Numbers (as of June 2016):
National: 741,000+ DACA recipients
WA: 16,987 DACA recipients
Possible scenarios:
DACA and all work permits eliminated immediately
DACA ended people allowed to keep work permits until they expire
No new DACAs but those who have it can keep and continue to renew
DACA continues as before
Important to highlight the large number of people in the program and then explain the scenarios. Important for people to understand that we don’t know and that there may be other possible scenarios. Explain that we think it’s probably most likely that DACA will be ended but people will be allowed to keep their work permits until they expire
Northwest Immigrant Rights Project

14. Changes to Other Forms of Protection?
Immigration 101: A Training for Social Service Providers
December 6, 2016
Changes to Other Forms of Protection?
Most forms of protections are written in law, so President can’t change them:
i.e. U visas, VAWA protections, asylum, SIJS
However:
There may be increased risk if applications are denied (i.e. placed in deportation proceedings)
Immigration agencies may well become tougher on using discretion
President could decide not to extend some protections (i.e. TPS)
Congress could modify some of these protections in future
Want to clarify that President can’t change statutory protections but potential changes to policies
Northwest Immigrant Rights Project

15. What Are We Doing to Respond?
Immigration 101: A Training for Social Service Providers
December 6, 2016
What Are We Doing to Respond?
Direct Representation!
Community Education
Legislative Advocacy
Impact Litigation
Muslim Ban
Cease and Desist
Raid Response Team
Hotline – (1-844-RAID-REP)
Northwest Immigrant Rights Project