1. Immigration Matters: An update on National immigration policy & Local Responses
1/17/18

2. AGENDA Office of Immigrant Relations Social context, demographics
Legislative Actions & Policies: Executive Orders on Immigration
SCC Response
State & Local Responses
Questions
1/3/2019

3. Background—office of immigrant relations
Established by the Board of Supervisors in May 2015:
To recognize the size and scope of the need from the local immigrant community, which currently exceeds 60% of the County population; this includes foreign born and the U.S-born children of immigrants;
Improve analysis of needs & contributions of local immigrants
Improve analysis & planning for the implementation of changes in immigration policy or laws
To promote effective immigrant community preparedness
To assist in community education and to minimize fraudulent service provision
To provide centralized coordination of other immigrant integration programs dispersed in multiple County departments and agencies in response to immigrant community needs in Santa Clara County.
1/3/2019

4. Foreign born residents by county
Reduces FY refugee admissions from 110K to 45K
Suspension of entry of nationals from 6 predominantly Muslim counties; No end date on September 24, 2017, 8 countries
Iran
Libya
Somalia
Syria
Yemen
Chad
North Korea
Venezuela
1/3/2019

5. What is Unlawful Practice of the Law?
Courts and legislatures have said that the following activities involve the practice of law:
Applying law to facts -- telling someone how the law works in their specific case;
Holding oneself out as a lawyer.
This means telling someone they do or don’t qualify for an immigration benefit is the practice of law.
This means telling someone that their application is ready to be submitted is the practice of law.
Providing general legal information – is okay.
What is Unlawful Practice of the Law?

6. Executive Orders ON Immigration & DACA
“Border Security & Immigration Enforcement Improvements”
Building a Wall
“Enhancing Public Safety in the Interior of the U. S. “
New Enforcement Priorities/ Defund Sanctuary Cities
“Protecting the Nation from Foreign Terrorist Entry into the United States 1, 2 & 3” Travel ban/Muslim ban partially implemented
“Buy American, Hire American” Federal agencies to review visa program used by companies to hire high skilled foreign workers in the U.S.
The end of DACA over a 2.5 year period
1/3/2019

7. EO “Border Security and Immigration Enforcement Improvements”
Fund construction of a border wall
Increasing 287(g) Agreements between Federal Government and State and Local Enforcement
Increase detention capacity
Mass detention in the interior and at the border
Expand expedited removal
Conduct removal proceedings outside the U. S.
Limit humanitarian protection
1/3/2019

8. EO “Enhancing Public Safety in the Interior of the United States”- Internal Enforcement
Universal Enforcement Priorities
Increase Immigration and Customs Enforcement (ICE) Resources
10,000 Additional ICE Officers
Defund Sanctuary Jurisdictions (there is a court injunction)
Impact to Santa Clara County ~ close to $2 Billion
Increase Immigration Prosecutions
Revive Secure Communities
Pressure Countries to Accept their Nationals
1/3/2019

9. EO- “Protecting the Nation From Foreign Terrorist Entry Into the United States” TRAVEL & Muslim Ban
Reduces FY refugee admissions from 110K to 45K
Suspension of entry of nationals from 6 predominantly Muslim counties; No end date on September 24, 2017, 8 countries
Iran
Libya
Somalia
Syria
Yemen
Chad
North Korea
Venezuela
1/3/2019

10. Relief from Deportation
HOW DACA CAME TO BE?
Initiated by President Obama on August 2012 to protect young undocumented immigrants
Benefits
Work Permit
Driver’s License
Relief from Deportation
Higher Education

11. September 5, 2017 Trump Administration announces the end DACA
President Trump directed the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to phase out and eventually end DACA over 2.5 years.
1/3/2019

12. The end of DACA over 2.5 Years
Individuals with a current, unexpired grant of DACA will continue to hold DACA until it expires.
This means that current DACA recipients maintain their protection from deportation and work permit until their current expiration date.
USCIS will not refer DACA recipients and applicants to U.S. Immigration and Customs Enforcement (ICE) for deportation unless they are a risk to national security or public safety.
Applicants with currently pending and processing applications should attend biometrics appointments and respond to any requests for additional evidence they receive from USCIS.
The end of DACA over 2.5 Years
1/3/2019

13. Allows DACA recipients to renew their deferred action and work permits
Restores the DACA program to its status prior to September 5, 2017, with certain exceptions, until the lawsuit is resolved
Allows DACA recipients to renew their deferred action and work permits
Does NOT require DHS to process new applications, but does not bar DHS from granting deferred action to new individuals on an ad hoc basis
Does NOT require DHS to grant advance parole, but does not bar DHS from granting advance parole in individual cases
Allows DHS to take steps to ensure discretion is exercised on an individualized basis for each renewal application
Will likely be appealed and could be changed or stayed by the appellate court
January 9, 2018 US District Judge William Alsup grants request for court injunction preventing the end of DACA
February 26, US Supreme Court Denies Admiration's Request for an Expedited Review of DACA

14. There are currently 5 DACA congressional proposals
Republican Party
Recognizing America’s children act
SUCCEED ACT
Democratic Party
Hope Act
Bipartisan
Dream Act
Bridge Act
This information is now outdated based on new proposals, therefore update this slide to reflect these new proposals.
1/3/2019

15. Temporary Protected Status (TPS)
Temporary Protected Status, or TPS, is a program that allows foreign nationals to remain in the U.S. if, while they were in the U.S., when something catastrophic happened in their country of origin that prevented their safe return 1
The administration is in the process of phasing out the use of TPS. In May 2017, the administration told Haitian TPS holders they should “prepare to go home.” 2
More than 90% are from Haiti, El Salvador, or Honduras. Of these recipients:
50% are homeowners
More than 50% of TPS recipients from El Salvador and Honduras have lived in the U.S. for more than 20 years
87% speak English
68,000, or 22%, arrived in the U.S. before they turned 16 3
Recipients are parents to more than 273,000 U.S. citizens 4
More than 80% of TPS recipients are employed, a rate much higher than that of U.S.-born populations (63%)
1/3/2019

16. TPS ENDED FOR: Nicaraguans Haitians Salvadorans Sudanese
1/3/2019

17. Temporary Protected Status (TPS)
TPS Country terminations don’t immediately take effect when announced. 1
TPS recipients can maintain benefits until final termination date-must re-register by deadline dates 2
Sudan, designation will terminate effective Nov. 2, 2018
Nicaragua, designation will terminate effective Jan. 5, 2019
Honduras, designation is extended until July 5, 2018.
Haiti, designation will terminate effective July 22, 2019
El Salvador, designation will terminate effective Sept., 9, 2019 3
TPS recipients are not required to notify employer of a change in TPS Status 4
Consult with a trusted legal service provider to find out if you are eligible for another type of relief
1/3/2019

18. ICE MEMO on Sensitive Locations Immigration enforcement actions are generally not supposed to occur at sensitive locations
1/3/2019

19. Santa Clara County’s Response
Santa Clara County Affirms Defense of its Immigration Policies
Development of legal strategies that could be used to stop a loss of revenue or protect residents’ civil rights.
Created a Federal Legislative Advocacy Task Force to keep the Board informed about the impacts of anticipated changes in policies, legislation and regulations, and to propose Board actions.
Developed a plan through the Office of Immigrant Relations aimed to provide information to immigrants in about their rights and where to seek services. Furthermore, the plan will create a partnership between legal service providers and community based organizations to provide legal representation to immigrant residents who face deportation.
1/3/2019

20. OIR Activities Immigrant Programs Task Force—Specialized Toolkit
Established to foster collaborative partnerships between County departments that provide information to immigrant clients, as well as coordinate language access, data collection, sharing of best practices, and effective outreach.
Programs for Immigrant Integration:
To educate the immigrant community eligible for naturalization about the benefits of becoming naturalized and how they could get involved in their community.
Promoting Citizenship & Access to Legal Services
Provide coordinated citizenship services, education, application assistance, workshops in 14 languages
Legal Services & Education on Legal Options
Legal Services
Unaccompanied Minors
Unmet Civil Legal Needs
Programs for Immigrant Integration- Legal Services
Deportation Defense—3.5M Investment
1/3/2019

21. OIR Resource Sheets Immigration legal services
Non-legal trusted resources
Unaccompanied minors
LGBTQ immigrants
Immigrant professionals
Housing for immigrants
1/3/2019

22. Via Email - Tips@sheriff.sccgov.org
Fraud Prevention Unit
If you believe someone has been a victim of Immigration Fraud caused by a “Notario”, Immigration Consultant or an Attorney call the Santa Clara County Sheriff’s Office:
(408) Main
(408) Anonymous calls
Via -
Fraud Prevention unit
1/3/2019

23. What are the cities & state doing to support immigrant families
The City of San Jose has established an Office of Immigrant Affairs
The 15 chief’s of police have declared that they will not do the work of ICE,
“Its not our mission to be agents for immigration, we will not be a deportation force”
The state has passed the following laws:  
It is a crime for a land lord to use immigration status in a housing situation
If there is a raid at a work site there must be a court order 
Protections for undocumented students at state schools
No more contracts for private immigration detention centers
Investment in immigrant only programs
1/3/2019

24. CALIFORNIA PRO-Immigrant Bills Passed in the 2017 Legislative Session
For student in the context of due processes, financial aide, legal representation, and collection of immigration status
Protections
Local and state resources not used to assist federal government in building a registry based on religion or ethnicity
Religious Freedom
Translated materials for vote by mail
Voting Access
Access drug rehabilitation programs for misdemeanor drug offenses without the fear of being exposed to deportation
Access to Health
Employee Protections
Protection
Prohibit disclosure of AB 60 driver’s license information from the California DMV database except when a subpoena or court order is issued
Driver’s License
Prevents federal immigration officials from masquerading as local police in California.
Transparency
Make it illegal for landlords to use someone’s real or perceived immigration status against them
1/3/2019

25. Know Your Rights IN THE community
You have to the right ask if you are being detained or arrested
The right to remain silent
To speak with an attorney
To make a call if you are arrested
A right to see the warrant
To not open the door
To ask for the name and the badge numbers of the agents
To not sign any documents without speaking to an attorney
Stay Calm
Don’t Run
Say your name and I choose my exercise my right to not speak
If you have valid documents, show them
Do not mention where you were born, when or how you entered the country
Do not show any false documentation.
Don’t lie.
Your have the right to the following: “
1/3/2019

26. The Rapid Response Network
A 24/7 hotline that ANY concerned community member can call to report raids in our community
This is not a general information line
Anyone can call to report a raid, even if it is a rumor

27. When the network is activated
RRN will help the caller assert their rights over the phone
RRN will send trained Rapid Responders to the impacted area. They will confirm if a raid is taking place & conduct legal observation
If someone was detained or at risk of being detained, RRN activates immigration attorneys immediately
RRN provides moral & accompaniment support to community members who have had a loved one detained by immigration.
Help spread the word about the network!

28. Other Resources Available
Websites
immigrantinfo.org,
sccoir.org,
ilrc.org,
1/3/2019

29. Questions?
1/3/2019