1. Immigration Options, Service Models and Special Concerns in Immigration Guidelines for Child Welfare Staff California Family to Family Statewide Convening: January 10, 2006 Kristen Jackson Staff Attorney, Public Counsel (213) 385-2977, ext. 157 kjackson@publiccounsel.org

2. Overview  Immigration Options: VAWA, U Visas, T Visas  Service Models: Internal (child welfare agency- based) and External (attorney-based)  Special Concerns: Children who Become Involved with the Juvenile Justice System  Resources: Web-based Materials and Community-based Organizations

3. Immigration Options Violence Against Women Act VAWA relief is available for victims of domestic violence. Abused child of a U.S. citizen (“USC”) or lawful permanent resident (“LPR”) parent. Abused spouse of a USC or LPR. Child (whether abused or not) of a parent who was abused by a USC or LPR spouse. Note: The relationship to the USC or LPR spouse or parent is critical. VAWA allows abused spouses and children to take advantage of the benefits of family-based immigration relief they may have been able to get through the abuser.

4. Immigration Options Violence Against Women Act VAWA relief requirements for abused children: Child has an abusive USC or LPR parent. Child lived with this abusive parent, in or out of the U.S. Child is unmarried and under 21 – and a “child” under immigration law. Child has “good moral character.” Child must have suffered abuse that amounts to battery or extreme cruelty.

5. Immigration Options U Visas U visas are available for victims of serious crimes. Victim must have suffered substantial physical or mental abuse as the result of certain serious crimes. Victim or her parent or guardian has information about the crime and is, has been or will be helpful in the investigation or prosecution of the crime. Victim obtains a certification from law enforcement or CIS official regarding the “helpfulness” noted above. Under certain circumstances, parents of U visa recipients can receive U visas. Note: No relationship to an LPR or USC is required.

6. Immigration Options T Visas T visas are available for victims of severe forms of trafficking in persons. Victim must be present in the U.S. due to trafficking. Victim is either (1) under 15 or (2) has complied with any reasonable request from a federal law enforcement agency for help in investigating or prosecuting traffickers. Victim would suffer a very high level of hardship if visa were not granted. Children of trafficking victims can obtain T visas as “derivatives.” Note: No relationship to an LPR or USC is required.

7. Remember...  VAWA, U visas, and T visas are simply three of many immigration options available to children and families involved in the child welfare system.  Special Immigrant Juvenile Status (“SIJS”) is an important option for some children.  Immigration laws can change, so persons ineligible for immigration relief now might become eligible for relief in the future.

8. Service Models Providing Immigration Legal Services Can Proceed Via at Least Two Key Models: The Internal Model Child welfare agency-based, as is the Los Angeles County DCFS SIJS Unit The External Model Attorney-based, as when counties appoint outside immigration counsel to assist children to obtain immigration relief

9. The Attorney-Based Model WHEN MIGHT USING THIS MODEL BE APPROPRIATE?  In smaller counties or those with fewer undocumented children where specialized units are not feasible  In complex cases – for example, those in which the child was or is in deportation proceedings or in which the child was arrested by the police or the immigration service

10. The Attorney-Based Model WHAT IS THE LEGAL AUTHORITY FOR THE APPOINTMENT OF IMMIGRATION COUNSEL?  In dependency cases, Welfare & Institutions Code Section 317(e).  In delinquency cases, Welfare & Institutions Code Section 202(b).

11. The Attorney-Based Model HOW DOES THIS MODEL WORK?  Child welfare staff/children’s attorneys identify that child has immigration issues and request that the juvenile court appoint immigration counsel.  Once counsel is appointed, staff and attorneys work together to obtain immigration relief for the child.  Juvenile court is kept apprised of immigration progress by counsel and staff’s regular reports.

12. The Attorney-Based Model WHAT CAUTIONS ARE WORTH NOTING?  Cost: Flat fee v. hourly rates.  Quality Services: All immigration attorneys are not created equal – both in terms of expertise and professionalism.  Collaboration: Many immigration attorneys are unfamiliar with the child welfare system and may need guidance.

13. Special Concerns: Immigration & the Juvenile Justice System CONNECTIONS TO CHILD WELFARE... Direct work with children in the juvenile justice system. Cross-over cases between dependency and delinquency. Same juvenile court judges may be hearing dependency and delinquency cases and may have immigration issues on their radar.

14. Special Concerns: Immigration & the Juvenile Justice System MISCONCEPTIONS... Children in the juvenile justice system are “undeserving” of immigration assistance. Children who commit crimes are automatically ineligible for immigration relief and deportable for their crimes. The police or probation department have a duty to turn these children over to the immigration service.

15. Special Concerns: Immigration & the Juvenile Justice System DANGERS... Abused, abandoned or neglected children in the delinquency system may miss the chance to obtain immigration relief they would get through dependency. Children who commit crimes may be placed into deportation proceedings – but not for their crimes! Entire families ultimately may face deportation when a child becomes entangled in the juvenile justice system.

16. Immigration & the Juvenile Justice System A CASE STUDY: LOS ANGELES COUNTY Collaboration amongst Public Counsel, Juvenile Delinquency Court Officers, Los Angeles County Office of the Public Defender and Los Angeles County Probation Department. Growing work since 2002. Elements of the collaboration: Trainings Referrals for Legal Services Joint Work on Immigration Application Packets

17. Immigration & the Juvenile Justice System A CASE STUDY: LOS ANGELES COUNTY What does each entity do? Public Counsel provides trainings and legal services for SIJS-eligible children. Juvenile Delinquency Court Officers make SIJS findings. Los Angeles County Public Defenders make motions for SIJS findings, provide court documentation, and seek advice on other immigration issues. Los Angeles County Probation Department provides immigration fees and makes referrals to Public Counsel.

18. Resources ILRC Fact Sheets and Juvenile Court Benchbook, at www.ilrc.org Luthern Immigration & Refugee Service Materials at www.lirs.org Public Counsel Legal Services Resource Sheet Keep your eye on S.119 Federal legislation sponsored by Senator Dianne Feinstein that would make some changes to the immigration laws affecting children.