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December 21, 2014. Chicago Religious Leadership Network on Latin America CRLN.org Illinois Coalition for Immigrant and Refugee Rights ICIRR.org

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Presentation on theme: "December 21, 2014. Chicago Religious Leadership Network on Latin America CRLN.org Illinois Coalition for Immigrant and Refugee Rights ICIRR.org"— Presentation transcript:

1 December 21, 2014

2 Chicago Religious Leadership Network on Latin America CRLN.org Illinois Coalition for Immigrant and Refugee Rights ICIRR.org http://www.immigrationpolicy.org/executive-action- immigration-resource-page http://www.immigrationpolicy.org/executive-action- immigration-resource-page US Department of Homeland Security http://www.dhs.gov/ Whitehouse releases US Department of State

3 Announced 11/14/14 For minors in El Salvador, Guatemala, Honduras Parents lawfully present in US Provides for safe, legal and orderly alternative to dangerous journey kids are taking to US Parents file a form requesting a refugee resettlement interview for unmarried children under 21 The child will be assisted through the process by the International Organization for Migration in-country Process includes an interview, DNA testing, security checks and medical clearance Parents repay the cost of travel to the US A US resettlement agency will assist with reception, placement and registration for school December 2014 launch

4 “Administrative relief” is based on prosecutorial discretion--the power to make decisions about an immigrant’s ability to remain in the U.S. without congressional action Administrative Relief IS NOT a law, but is administrative policy that can be changed or terminated at any time DOES NOT provide lawful immigration status IS NOT a pathway to legal permanent residency or citizenship Administrative Relief - through the Department of Homeland Security (DHS) Can defer deportation (removal) for several years (with possibility of renewal) Can grant work authorization Can lead to a valid Social Security Number

5 Expand Deferred Action to include parents of U.S. citizens and green card holders Expand Deferred Action for Childhood Arrivals to eliminate age cap, change date-of-entry, and extend Employment Authorization Document period to 3 years End Secure Communities

6 Certain parents will be able to apply for “deferred action” if they Had a son or daughter who is a US citizen or permanent resident (green card holder) as of November 20, 2014 Entered the US before January 1, 2010 Were present in the US and out of status on November 20, 2014 Do not fall within ICE enforcement priorities

7 DAPA would be valid for three years DAPA recipients could get work permits and could apply to travel outside the US DAPA will cost $465 (same as DACA) The application period will start by late May (within 180 days of the President’s announcement)

8 Birth certificate Baptismal records Adoption papers (for step-parents): Certificate of marriage to other parent AND birth certificate listing other parent Paternity acknowledgment/decree Divorce/custody/child support order School records Medical records

9 US citizenship Birth certificate/ baptismal record Passport Naturalization or citizenship certificate Lawful permanent resident status Green card I-551 passport stamp

10 DACA is being expanded to cover more youths who arrived in the US before turning 16: Youths must have entered the US before January 1, 2010 (the current cutoff date is June 15, 2007) There will be no upper age limit (currently youths must have been born before June 15, 1981) DACA will last for three years, instead of two These changes will take effect by late February (90 days after the President’s announcement) The fee will remain $465 and the basic application process will remain the same

11 Benefits Protection from deportation for 3 year period Work authorization Social security number Driver’s license in some states May request permission to travel abroad Limitations Not a green card or visa Not a path to citizenship Discretionary case-by-case decision based on DHS enforcement priorities

12 Priority 1 People who are involved in terrorist activity or who pose a national security risk People caught immediately at the border People convicted of gang crimes, felonies, or “aggravated felonies” Priority 2 People convicted of 3 or more misdemeanors or of at least one “serious misdemeanor (domestic violence, sexual abuse, burglary, certain firearm and drug offenses, DUIs, certain other offenses) People caught after entering the US illegally who came after January 1, 2014 People who “significantly abused” the visa system Priority 3 People ordered removed on or after January 1, 2014

13 participate in preventing fraud provide outreach and education information regarding the requirements of AR when it is announced. help applicants gather documentation for any possible application refer applicants to legal service providers for legal screening and application preparation

14 What is it? "[T]he giving of advice or rendition of any sort of service by any person, firm or corporation when the giving of such advice or rendition of such service requires the use of any degree of legal knowledge or skill.” People ex rel. Illinois State Bar Ass'n v. Schafer, 404 Ill. 45, 51, 87 N.E.2d 773 (1949).

15 FAMILY SUPPORT HOTLINE: 855-435-7693855-435-7693 ICIRR IMMIGRATION LEGAL RESOURCES www.icirr.org/content/immigration-legal- resources-referrals Nonprofit organization referral list Attorney referral list AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA): WWW.AILALAWYER.COMWWW.AILALAWYER.COM IMMIGRATION COURT LEGAL SERVICE PROVIDER LIST:WWW.JUSTICE.GOV/EOIR/PROBONO/FREEL GLCHTIL.PDFWWW.JUSTICE.GOV/EOIR/PROBONO/FREEL GLCHTIL.PDF

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17 What is your role as a volunteer? To assist possible applicants through the preparation process and give general information about possible administrative relief without providing legal advice What is Legal Advice? Applying law to specific facts Telling an applicant what they should do in their particular case as it pertains to any law Instructing the applicant on how they should fill out the form Instructing the applicant on which forms to file What Can Volunteers Do? Gather supporting documents Distribute information and connect applicants to legal service providers for application preparation.

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19 Documentation Preparation

20 Last 5 years  Continuously resided in the U.S. since January 1, 2010 Documentation: Often third parties with no potential benefit or gain from records are considered credible data sources for USCIS because they are professional, their records are not easily manufactured or falsified, and their documents are issued by a party with no direct interest in the immigration process.

21 Obtain original birth certificates (yours/children) Passports, consular IDs, marriage and/or divorce certificates or adoption records Any other identity document, e.g. driver’s license, school ID Translate foreign-language documents into English

22 Birth certificate of child Copy of green card of child Naturalization certificate of child Adoption decree of child, if adopted child Marriage certificate, if stepchild

23 Collect records to show that you have lived in the United States Employment: check stubs, letters, timesheets, W-2 forms, written receipts Medical visits and treatment records School enrollment and attendance Financial records: bank statements, receipts Cellphone companies (e.g., record of service) Abode-related: landlord letter, mortgage payment record, utility service Libraries, especially if they can produce a record of library card activity Sports league: enrollment, participation in games and league activities Attendance & participation in religious communities Community and civic organization membership and/or participation Children’s school and daycare activities

24 USCIS will most likely require that applicants show they were present in the US on or before a certain date Entered with inspection/with papers Stamp on passport I-94 card Other helpful documents regardless of how you entered the US School records Medical records Immunization card Official religious records (e.g. baptism certificate) Other documents on the continuous presence list)

25 If the applicant has ever been arrested by law enforcement, including immigration authorities, they may want to have their fingerprints taken to review their record. Places where people can get prints taken: Community based organizations Law offices Police Departments ( not recommended!!) Accurate Biometrics Livescan, faster results, but more money; List of Vendor Agencies Updated September 2013 Fill out the application form on the FBI website. individual pays the FBI $18FBI website Organizations can become certified to process fingerprints

26 Immigrants who have [a] record of arrest or conviction for a criminal charge will need to get court records and consult a trustworthy lawyer. Certified copy issued by the court clerk Beware of warrants: Consult a lawyer if there is any reason to believe that there may be an outstanding warrant of arrest (e.g., based on failure to appear at a hearing, failure to pay fine, to attend an appointment with a probation officer, etc.). Returning to the U.S. without authorization after removal is not only a separate crime but may be a violation of parole or probation

27 Immigrants who have had any interaction with immigration authorities should obtain a copy of their file from their attorney or file a Freedom of Information Act request with the Department of Homeland Security.

28 Taxes should be filed, paid, and correct. Keep copies of W-2 forms From January thru April, Center for Economic Progress has free tax sites in communities throughout Illinois.free tax sites Undocumented immigrants can apply for Individual Taxpayer Identification Numbers (ITIN) that allow them to pay the taxes they owe. Use a form W-7 and attach it to a valid federal income tax return (unless you qualify for an exception) and include your original proof of identity or copies certified by issuing agency and foreign status documents.

29 All males between the ages of 18 and 25 must register (www.sss.gov)www.sss.gov This rule applies even to undocumented immigrants --but does not apply to men while they had valid temporary visas Can register for selective service at a US post office Important for possible future eligibility for financial aid: Undocumented men who reside in this country anytime between the ages of 18 and 25 who fail to register for Selective Service and later get green cards can be denied federal financial aid (educational grants and loans).

30 Advise community members to renew any expired or soon-to- expire documents now and keep important documents in a secure place Do not engage in the Unauthorized Practice of Law Give applicants the pre-screening forms- they may be eligible for other forms of immigration relief! Refer legal questions to a qualified legal representative

31 KNOW YOUR RIGHTS & DEPORTATION DEFENSE

32 ▪Tell the police your name BUT NOTHING ELSE ▪TELL the police you want to remain silent and want to talk to a lawyer. They should stop questioning you after that. If the POLICE arrest you: ▪ASK if you can park your car in a safe place or have a licensed driver take it away, to avoid towing or impoundment fees. ▪MEMORIZE phone numbers for three family members or friends who you can call. If you feel that the police are discriminating against you, take down the officer’s badge number ▪DON’T LIE. Tell the police you want to remain silent. DON’T give explanations, excuses, or stories. ▪DON’T SIGN any document if you don’t know what it is. ▪DON’T DISCUSS your citizenship or immigration status with anyone other than your lawyer ▪DON’T hang any objects from your rearview mirror--these objects may provide a pretext to pull you over WHAT IMMIGRANTS SHOULD DO WHAT IMMIGRANTS SHOULD NOT DO

33 When ICE visits your home: Keep your door closed. Through your closed door, ask the officers to identify themselves and show you a warrant (slip it under the door or through a window). If they cannot show you a warrant, keep your door closed. Ask for and review the warrant. If they have a warrant, you need to make sure it has your correct address and name. If the warrant does not look correct, return it to the officer and tell them it is not correct – do not let them inside. If the warrant is valid and issued by a court, you should follow what it says. If it allows for your arrest, you should step outside of your home. Do not sign anything, tell them anything, or show any ID. If you let the officer inside or talk to the officer tell the officer you will not answer any questions until you talk to a lawyer. Do not tell them your country of origin or provide any identification, any ID from your home country. Do not carry any false documents with you at any time.

34 Don’t sign anything you don’t know or understand. If the detainee signs a deportation order, she will not be able to stay in the U.S. and will be deported. The detainee may not be deported right away even if she signs the order, but could be held for two weeks to one month. Ask for bond. A bond will give the detainees the chance to get released and take care of things at home while they wait to see what happens with their charges Ask for a hearing. A hearing will give the detainee more time. This is very important if the detainee wants time to get his/her affairs in order, especially if chances of staying in the U.S. are slim. Ask to speak with your attorney before signing anything. Immigrants in detention are not entitled to an attorney free of charge, but they do have a right to speak with an attorney before signing anything. Call the Family Support Hotline: 855-435-7693.855-435-7693 When you are detained by ICE:

35 When a loved one is detained: You can locate your loved one online using the detainee locator: www.ice.gov/locator. You will need the detainee’s country of birth and either:www.ice.gov/locator the detainee's 9-digit Alien Registration Number (A-number) or her date of birth and first and last names (both names hyphenated) When visiting your loved one you will need a government-issued ID. Some jails allow use of foreign national passports. Please be cautious when using a foreign form of identification: Check for expiration dates and visa overstays. DO NOT use any false documents or identifications. You can send mail: include A-number of detainee and sender’s name and address. You can send packages only for the purpose of travel upon release/deportation. Notify ICE at (312) 347-2400 before you send anything.(312) 347-2400 Call the Family Support Hotline: 855-435-7693.855-435-7693


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