HB In-State Tuition

Transcription

1 Immigrant Advocacy Washington Community & Technical College Counselors Association Rainbow Lodge Retreat Center, North Bend, WA Spring 2015 Conference ~ April 27, 2015

2 HB 1079 In-State Tuition

3 What is HB 1079? Governor Gary Locke signed House Bill 1079 into law May 7, The signing of this bill allows undocumented students to pay in-state tuition at state colleges and universities beginning July 1, 2003.

4 What are HB 1079 requirements? Resided in Washington State for the three (3) year immediately prior to receiving a high school diploma, and completed the full senior year at a Washington high school, or Completed the equivalent of a high school diploma and resided in Washington State for the three (3) years immediately before receiving the equivalent of the diploma, and Continuously resided in the State since earning the high school diploma or its equivalent.

5 What is the Residency Affidavit? I certify that: I will file an application to become a permanent resident of the United States as soon as I am eligible to apply. I am also willing to engage in activities designed to prepare me for citizenship, including citizenship and civics review courses.

6 SB 6529 Real Hope Act

7 What is SB 6529 Real Hope Act? Eligibility for the Washington State Need Grant has expanded to low-income, non-citizen students who meet the program s income and residency requirements.* Students unable to file a Free Application for Federal Student Aid (FAFSA) due to immigration status may instead complete the free Washington Application for State Financial Aid (WASFA). *HB

8 Reminder: What are HB 1079 requirements? Resided in Washington State for the three (3) year immediately prior to receiving a high school diploma, and completed the full senior year at a Washington high school, or Completed the equivalent of a high school diploma and resided in Washington State for the three (3) years immediately before receiving the equivalent of the diploma, and Continuously resided in the State since earning the high school diploma or its equivalent.

9 SB 6529 Income Requirements

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11 INS Dismantled - March 1, 2003 Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE) Citizenship and Immigration Services (CIS)

12 Breadth of the Border: 100-Mile Zone

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14 %20OTM%20FY2000-FY2014_0.pdf

15 %20OTM%20FY2000-FY2014_0.pdf

16 %20OTM%20FY2000-FY2014_0.pdf

17 rofile.pdf

18 Border Patrol Video for Release 5/1/12 This video is the result of a public records request filed by NWIRP. The entire video is approximately 2 hours in length. This is an excerpted, subtitled video of a dashboard camera recording from a Washington State Patrol vehicle during a traffic stop in Bellingham, WA in February 2012:

19 Interpreters / Language November 21, 2012 Memo from Deputy Commissioner for U.S. Customs and Border Protection, David V. Aguilar:

20 Northwest Detention Center Tacoma, WA ICE Hold / Immigration Hold Privately Owned and Operated by GEO Corp. Approx. $140 per bed / 1500 beds Cash Bonds Risk of Flight Threat Posed to Society

21 Online Detainee Locator System Search by A-Number If you know the detainee's A-Number, ICE recommends you use the A-Number search. The A-Number must be exactly nine digits long. If the A-Number has fewer than nine digits, please add zeros at the beginning. You are also required to select the detainee's correct Country of Birth. A-Number (e.g., ) Country of Birth: Search by A-Number Clear Search by Biographical Information When searching by name, a detainee's first and last names are required and must be an exact match (e.g., John Doe will not find Jon Doe or John Doe-Smith). You are also required to select the detainee's Country of Birth. It is optional to enter the detainee's Date of Birth to further narrow the search. Note that all value input below are evaluated for exact matches. First Name: Last Name: Country of Birth: Date of Birth: Search by Biographical Information Clear

22 Immigration Court

23 Prosecutorial Discretion Length of Presence in the United States Age and Manner of Entry Education in the United States Criminal History Immigration History Family Members who are in the Military Family Members who are USC or LPR Victim of a Crime Country Conditions in Home Country

24 A# Next Hearing Date Asylum Clock IJ Decision Info Appeal Decision Contact Info for Court with Jurisdiction

25 Jurisdictional Overlap Federal Immigration Laws* State Criminal Laws Federal Criminal Laws *Administrative Proceedings *No 6 th Amendment Right to Counsel

26 J.E.F.M. v. Holder On July 9, 2014 nationwide class-action lawsuit in U.S. District Court for the Western District of Washington on behalf of children Complaint - violation of Fifth Amendment Due Process Clause and the Immigration and Nationality Act s provisions requiring a full and fair hearing before an immigration judge Plaintiffs - children between the ages of 3 and 17

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28 Family-Based Immigration U.S. citizens can petition for their: fiancé(e)s spouses parents children siblings Legal Permanent Residents ( green-card holders) can petition for their: spouses unmarried children ***No other family relationships qualify.***

29 Same-Sex Marriage On June 26, 2013 by a 5-4 vote, the Supreme Court ruled the federal Defense of Marriage Act, the law barring the federal government from recognizing samesex marriages legalized by the states, is unconstitutional.

30 DOS Visa Bulletin April 2015 Family Sponsored Preferences All Chargeability Areas Except Those Listed CHINA mainland born INDIA MEXICO PHILIPPINES 1 st Unmarried Child of USC 2A LPR Spouse and Child 2B Unmarried Child of LPR 3 rd Married Child of USC 4 th Siblings of Adult USC 01AUG07 01AUG07 01AUG07 01NOV94 01FEB05 01AUG13 01AUG13 01AUG13 08JUL13 01AUG13 22AUG08 22AUG08 22AUG08 01FEB95 01APR04 08FEB04 08FEB04 08FEB04 01APR94 08AUG93 15JUN02 15JUN02 15JUN02 08JUL97 22SEP91

31 The 3 and 10 Year Bars: INA 212(a)(9)(B) If a person is unlawfully Present in the U.S. for between 6 months and 1 year, then leaves the U.S. and attempts to re-enter lawfully, they are subject to 3 year bar. If a person is unlawfully Present in the U.S. for 1 year or longer, then leaves the U.S. and attempts to re-enter lawfully, they are subject to 10 year bar.

32 Permanent Bar: INA 212(a)(9)(C) Unlawful Presence for 1 year or longer After April 1, 1997 AND Subsequent Unlawful Re-Entry OR Prior Removal AND Subsequent Unlawful Re-Entry

33 I-601A Provisional Waiver Unlawful Presence Only Qualifying Relatives Individuals who qualify for the waiver: Spouse of U.S. Citizens Sons/Daughters of U.S. Citizens Spouse of Legal Permanent Resident Son/Daughters of Legal Permanent Resident Parents of U.S. Citizens or Lawful Permanent Residents DO NOT Qualify

34 Evidence of Extreme Hardship

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36 Deferred Action Benefits Limitations Protection from deportation for 3 year period Not a green card or visa Work authorization Not a path to citizenship Social security number Discretionary case-bycase decision based on DHS enforcement priorities

37 Disqualifying Criminal Offenses NOT eligible for DACA if convicted of: One felony offense; One significant misdemeanor offense; OR Three non-significant misdemeanor offenses.

38 Significant Misdemeanor Offense that is a misdemeanor under federal law (max sentence is greater than 5 days but no more than 1 year) and: DUI Sexual Abuse / Domestic Violence Burglary Drug Trafficking Unlawful possession of a firearm Child abuse Person was sentenced to actual time in custody of more than 90 days (NOT suspended sentence).

39 DACA-X & DAPA

40 President Obama s Executive Action With Existing DACA Program Included, Anticipated Actions Could Benefit More than 5.2 Million in Total Nearly Half of U.S. Unauthorized Population

41 Texas v. U.S. - Preliminary Injunction Monday, February 16, 2015 US District Court Southern District of Texas Brownsville Division February 23, Department of Justice filed a notice of appeal and an expedited motion to stay the court s injunction pending appeal.

42 Texas-led Coalition of 26 States: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin WA State, through Attorney General Bob Ferguson, filed a brief on behalf of 12 states and D.C. in support of Pres. Obama s Executive Action

43 Records Search

44 Freedom of Information Act (FOIA) The law that gives you the right to access information from the federal government. U.S. Department of Homeland Security U.S. Citizenship and Immigration Services U.S. Customs and Border Protection U.S. Immigration and Customs Enforcement U.S. Department of State U.S. Department of Justice Executive Office for Immigration Review

45 FBI Record Request FD-258 Fingerprint Card $18 certified check payable to Treasury of the United States Application Information Form ( FBI CJIS Division Summary Request 1000 Custer Hollow Road Clarksburg, WV 26306

46 Individual Taxpayer Identification Number (ITIN) W-7 Application for IRS ITIN ITINs are for federal tax reporting only, and are not intended to serve any other purpose. IRS issues ITINs to help individuals comply with the U.S. filing or reporting requirements under the Internal Revenue Code, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers (SSNs).

47 WA State Driver License/ID without SS# HB Signed by Governor on May 17, 1993 (Eff. July 25, 1993) The law allows driver's licenses to be issued without a social security number if the applicant can provide proof of Washington residency.

48 Resources Call CLEAR at

49 Questions

50 Hannah E. Stone Attorney at Law Law Office of Hannah E. Stone 114 W. Magnolia Street, Suite 410 Bellingham, WA Phone: (360) Fax: (360) Thank you!