1. Presentation by Oregon Law Center for HINT Meeting on March 15, 2017
This information is subject to change, and should not be considered legal advice. Consult attorney if you have legal questions about your situation.

2. Oregon Law Center is a nonprofit organization that provides FREE legal aid to low-income people.
OLC is headquartered in Portland and has 10 offices around the state.
We work closely with other legal aid organizations around the state, including Legal Aid Services of Oregon (LASO). Legal aid helps clients with high-priority needs like food, shelter, medical care, income and safety from domestic violence

3. ✪ ✪ ✪ ✪ ✪ ✪ ✪ ✪ ✪ ✪

5. Renewing ITIN (Individual Taxpayer Identification Number):
Taxpayers with ITINs that haven’t been used on a federal income tax return in the last three years
ITINs with the middle digits 78 or 79 (xxx-78-xxxx; xxx-79-xxxx) need to be renewed even if the taxpayer has used it in the last three years

6. Federal Government
Congress
Judicial
Executive

7. Citizenship does not matter for majority of laws
Workplace protections
Wage laws, safe working conditions
Housing protections
Court process for eviction, safe housing conditions
Civil rights protections
Discrimination based on national origin, race, color, etc., mistreatment by the government

8. Executive Action: Enforcement Priorities
President Obama
President Trump
People convicted of specific crimes
Anyone charged with a criminal offense
Terrorist, Spy, Gang member
Anyone who has “committed acts that constitute a chargeable criminal offense”
People with Final Order of Deportation after 2014
Anyone who has engaged in “fraud or willful misrepresentation” with the government, or “abused any program related to receipt of public benefits”
People who entered the US unlawfully after 2014
Anyone who has received a final order to leave the country, but has not left
Anyone who “in the judgment of an immigration officer” poses a risk to either public safety or national security.

9. Executive Action: Enforcement Priorities
DACA (Deferred Action for Childhood Arrivals)
For people who came to US before turning 16
Provides protection from deportation and work authorization for 2 years
Has not been canceled
Consult immigration attorney to apply or renew

10. Executive Action: Enforcement Priorities
Public benefits
Families should receive all benefits for which they are eligible
Some benefits do not require lawful status
CAWEM, WIC, Free School Lunch
Mixed status families can receive benefits for members who have lawful status
People not applying for themselves should not have to provide information about their immigration status, e.g., place of birth, lack of SSN

11. Executive Action: Enforcement Priorities
Public benefits
Immigration risk is still low
Anyone who has “knowingly defrauded the government or public benefits system”
“Public Charge” limited to cash-based assistance, long-term institutionalization
Public Benefits Hotline
Denial of benefits because applicant did not provide information not required by law
Investigation of possible fraud

12. Executive Action: Enforcement Priorities
Benefits that Could Lead to Public Charge Determination
Some of the Benefits NOT Considered for Public Charge purposes
TANF
SSI
Long Term Care in an institution
SNAP food benefits
OHP/ CHIP
ERDC
CAWEM
Head Start
Special Education
WIC
Heating Assistance
School lunch program
Refugee benefits
Unemployment Insurance
And more…

13. Executive Action: Enforcement Priorities
EXEMPT FROM PUBLIC CHARGE
Refugees or persons granted asylum in the U.S.
Victims of trafficking
Survivors of domestic violence who are VAWA petitioners, and “Qualified” battered spouses or children
U-visa applicants/holders
Cuban, Nicaraguan, or Haitian entrants
Amerasian immigrants when they are first admitted to the U.S.

14. Executive Action: Enforcement Priorities
EXEMPT FROM PUBLIC CHARGE continued…
“Lautenberg” parolees (certain Soviet and Indochinese parolees applying for adjustment of status)
Certain Indochinese, Polish, and Hungarian parolees applying for adjustment of status
Registry applicants (persons in the U.S. since before January 1,1972)
Special immigrant juveniles

15. Executive Action: Enforcement Priorities
ICE Memo on “Sensitive Locations” (2011)
Enforcement actions at or focused on sensitive locations should be avoided
Schools, daycares, preschools, colleges, bus stops, & related activities
Medical treatment and health care facilities
Places of worship
Funerals, weddings
During public demonstration, such as a march, rally, or parade

16. Protections for all Oregon residents
Federal Constitution: Police cannot detain a person without probable cause or judicial warrant
Oregon law: Police cannot detect or apprehend persons whose only violation is based on immigration law
Governor Brown’s Executive Order: State agencies cannot:
discriminate based on immigration status, unless required by law
use its resources to detect or apprehend persons whose only violation is based on immigration laws

17. Be Prepared Improve immigration status
Become a US citizen, if eligible
Consult attorney regarding immigration options
AILA Oregon Chapter  Know Your Rights
Oregon Immigration Resource  Legal Help
Avoid Notario Fraud and other immigration scams
Notary Public, Tax Preparer, Insurance Agent cannot provide immigration advice or fill out forms
Contact Oregon State Bar

18. Be Prepared
Don’t disclose lack of immigration status to anyone, including:
ICE
Police
Government
For many services, status does not matter
When it does matter, do not apply
Landlord
Employer & co-workers
(Telling your lawyer is usually a good idea)
This includes place of birth, lack of SSN, ITIN

19. Family Preparedness
In case parents are not available for any period of time
Plan for who can take care of your children
Gather important information and documents
Keep in safe place
Download at Latino Network web page

20. Family Preparedness Delegation of Parental Powers
Care, custody, and property of minor child
Type of Power of Attorney
Relative Caregiver Affidavit
Medical treatment and educational services
Available only when parents are not
Legal Custody
Involves court
Consult attorney

21. Family Preparedness Delegation of Parental Powers
Includes power to enroll children in school, obtain records, attend school activities, consent to activities and medical treatment
Choose trusted adult, preferably with immigration status
Form must be signed by parent/legal guardian and attorney-in-fact
Effective for six months from date parent becomes unavailable
Can be revoked at any time by parent
Non-custodial parent has more authority than attorney-in-fact
Use the English version of form

22. Family Preparedness Relative Caregiver Affidavit
For medical treatment and educational services purposes
Caregiver must be adult family member
Children must be living with caregiver
Parents must be unavailable
Caregiver must document efforts to contact parents to obtain consent for treatment or services
Be sure the Attorney-in-fact/caregiver knows:
How to contact you, e.g., Facebook,
Where important documents are located

23. Family Preparedness

24. Family Preparedness US citizen child traveling outside of US
With one parent
Letter from other parent authorizing travel
If no second parent, bring documentation
With person who is not a parent
Letter from both parents authorizing travel
Bring child’s birth certificate
Notarized signature recommended but not required
OLC has sample letter

25. Be Prepared Avoid problems with the law
Police should not ask about legal status
Jails share information with ICE
Fingerprints
Place of birth
ICE may follow up
At jail
After released from jail

26. Be Prepared If you are detained by ICE or police
You have the right to remain silent
Let agent know if children will be left alone
Do not provide false information or carry false documents
Contact your immigration attorney as soon as possible
Do not sign anything without consulting attorney

27. Be Prepared If your family member is arrested by ICE
Locate your family member
ICE Online Detainee Locator System
Seek immigration legal help
Contact your immigration attorney
Northwest Immigrants Rights Project in Tacoma at (253)

28. Thank you for your interest!
David Henretty Beth Englander 522 SW Fifth Ave., Suite 812 Portland, Oregon