Citizenship Assessment Instrument

Transcription

1 Case/Client Information Division of Child Welfare Services Citizenship Assessment Instrument Case Name: Case #: Child/Youth: Date Diligent Search Conducted: Search for Relatives outside of the U.S.: Date Foreign Consulate Contacted: Created By: See ROC Notes in Trails! Identifying Documents on file: Birth Date: Country(s) of Origin/Citizenship: Foreign Consulate: Date Created: Enter documents here, i.e. birth or baptismal certificate, passport, I-94 (Visa), alien registration card, etc. Section I: Citizenship Assessment Check all that may apply. (See section III for definitions.) 1. Is the child/youth a U.S. citizen? (Some children are U.S. citizens without knowing it.)! Yes! No! To Be Determined (If yes, stop here.) o o Anyone born in the U.S., Puerto Rico, Guam, Northern Mariana Islands or U.S. Virgin Islands is a citizen, and anyone born in American Samoa or Swain Island is a national who cannot be deported. If the person is born outside the U.S., ask the following two threshold questions to see if the person is automatically a U.S. citizen. If the answer to either might be yes, refer the person for immigration counseling. o Were any of the person s parents or grandparents U.S. citizens at the time of the person s birth? or o Before the person s 18th birthday, did both of these events happen (in either order): the child became a permanent resident, and at least one natural or adoptive (but not step-) parent having some form of custody over the child was or became a U.S. citizen. 2. Is the child/youth currently under dependency, delinquency or family court jurisdiction where the court has ruled that: " The child cannot be reunified with one or both parents because of abuse, neglect or abandonment. (Immigration and Nationality Act (INA) 101(a)(27)(A); 8 U.S.C. 1101(a)(27)(J); and 8 C.F.R ) " It would not be in the child s best interest to be returned to the home country. o o o! Yes! No! To Be Determined If the answer to either of the above questions is yes or to be determined, the child may qualify for Special Immigrant Juvenile Status (SIJS), refer to an immigration attorney. Important: The child should stay in the jurisdiction of the court until the SIJS application is adjudicated, so be aware of youth aging out of the system. It may be prudent for the county to petition the court to extend youth in care until SIJS process is fully completed. Consult an immigration attorney prior to closing the case. If delinquent, it is important that the youth is making progress in treatment. revised 7/2012 1

2 3. Have there been reports that the child/youth has been abused or neglected by a U.S. citizen or permanent resident family member, including natural parent or stepparent?! Yes No Suspected Has the child/youth s parent been a victim of domestic violence by his or her U.S. citizen or lawful permanent resident spouse? (D.V. can be self-reported.)! Yes No Suspected o If the answer to either is yes or suspected, refer the person for immigration counseling. o The child (or other family members) may qualify for Violence Against Women Act (VAWA) relief. The child does not need to be under current court jurisdiction, and may be reunited with the non-offending parent. The child will need to show good moral character. 4. Has the child/youth been a victim of a serious crime in the U.S. or of human trafficking? (See section III for definitions of Qualifying Criminal Activity and Human Trafficking.) The child also qualifies if the parent is a victim.! Yes No Is the child/youth willing to cooperate with authorities to investigate or prosecute the offense?! Yes No If yes, the child may qualify for SIJS status or a T or U visa. Refer for immigration counseling. *Other family members may also qualify for a T or U visa. 5. Does the child/youth have a U.S citizen or permanent resident parent or family member who is willing to petition for him or her? The child/youth may qualify for a family immigration petition.! Yes No Suspected (If yes or suspected, refer to an immigration attorney.) Has petition already been filed?! Yes No Unknown 6. Does the child/youth come from a country that has recently experienced civil war or natural disaster?! Yes No Suspected Does the child/youth fear return to his or her home country because of persecution?! Yes! No Suspected o If the answer to either might be yes, refer the person to an immigration attorney. See section II for resources. The child may qualify for other forms of relief such as asylum and temporary protective status. Enter additional information here: *Adapted from a screening tool by Angie Junck, immigration attorney, Immigrant Legal Resource Center, (January 2009) revised 7/2012 2

3 Section II: Joint Assessment and Plan Agreement Referrals Made: Status: For youth 10 years old and over, signature indicates youth's involvement in development of the Citizenship Assessment: Youth: Date: Caseworker: Other: When completed, if you answered yes or suspected to any of the previous questions, call for follow-up for immigration counseling: Rocky Mountain Immigration Advocacy Network Kathleen M. Glynn, Equal Justice Works Fellow, Children s Program 3489 W. 72nd Ave., Suite 211 Westminster, CO Direct Line: (303) , ext. 107 Fax: (303) kglynn@rmian.org Web site: Additional Immigration Resources: Denver Coalition for Integration OneMorgan County Catholic Charities Lutheran Family Services refugee@lfsrm.org Bridging Refugee Youth and Children s Services (BRYCS) revised 7/2012 3

4 Section III: Citizenship and Immigration Definitions Instructions: Check all that apply. (For purposes of eligibility.) " 40 Quarters of Social Security- Some categories of non-citizens who work for 40 quarters in the U.S. (work that is legally covered by Social Security), can qualify for public benefits, i.e. food stamps. Some agricultural earnings may count. A non-citizen can count his/her spouse s quarters of work, unless they are divorced (separated or widowed is okay). Children can count their parents quarters if they occur before the child s 18 th birthday. The non-citizen cannot count quarters after 12/31/96 if they received benefits during that quarter (school lunches not included). 40 quarters can substitute for an Affidavit of Support. An Affidavit of Support is typically used when seeking permanent residency, needed to show that a visa applicant has sponsorship and will not become a public charge while in the U.S. " Alien with Sponsor- Non-citizens who are likely to be a public charge upon entry (i.e., will likely end up on welfare) are inadmissible. To gain entry into the U.S., the non-citizens must show that someone will support them financially. The sponsor must show that s/he can financially support the immigrant by filing an Affidavit of Support. " Amnesty- Specific groups of non-citizens living in the U.S. illegally, who were granted permission to remain in the United States by an act by Congress. Green cards were issued for those granted amnesty. (This has been passed by Congress in the past but does not exist today.) " Asylee- A person fleeing his or her country of origin, because of persecution by his/her government based on race, religion, nationality, political opinion, or membership in a particular social group. Asylees apply for and are granted asylee designation after their arrival in the U.S. Until they are granted this status, they are asylum seekers and can have work authorization during that time, in certain limited circumstances. Asylees can become Lawful Permanent Residents after one year in asylee status. (An asylee is a person who meets the definition of a refugee, but is already in the U.S. or is at the border or another port of entry when seeking refuge.) " Family-based Petition- The child has a biological, step or adoptive parent that is a U.S. citizen or Lawful Permanent Resident who is willing to help them immigrate to the U.S. and become a Lawful Permanent Resident. Other categories of family-based petitions also exist (i.e., spouses can petition for each other, U.S. citizens can petition for siblings, etc.). " Human Trafficking- Labor: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitutde, peopage, debt bondage, or slavery OR Sex: in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age " Lawful Permanent Resident- The status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Lawful permanent residents can be deported in certain circumstances. " Naturalized U.S. Citizen- An immigrant who applies to and becomes a U.S. citizen, after being a Lawful Permanent Resident for five years, or after three years of being a Lawful Permanent Resident, if the residency was obtained through marriage to as U.S. citizen. " Non-Citizen Unqualified- A non-citizen who does not fall into any of the categories listed under Qualified Immigrant below. (This includes legal temporary visitors, i.e. those with business, student or work visas.) " Qualifying Criminal Activity- For a listing of qualifying criminal activity, see INA 101(a)(15)(U)(iii) and 8 C.F.R (a)(9). The list includes rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy or solicitation to commit any of the above, or any similar activity in violation of federal, state or local criminal law. A listing of qualifying criminal activity can also be found on the U Visa application, Form I-918, available at under the "Forms" tab. revised 7/2012 4

5 " Qualified Immigrant- Qualified immigrants refers to those non-citizens eligible for federal public benefits. In general, those who are qualified include: (1) lawful permanent residents: (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at lease one year; (3) Cuban/Haitian entrants; (4) battered spouses and children with a pending or approved (a) self-petition for an immigrant visa, or (b) immigrant visa filed for a spouse or child by a U.S. citizen or LPR, or (c) application for cancellation of removal/suspension of deportation; and (5) victims of trafficking who have obtained a T visa. Each category of federal public benefit (i.e., SSI, TANF, food stamps) has its own requirements. Also, certain other conditions may have to be met (i.e., quarters of work achieved, etc.) Please note: non-citizens who are not qualified for certain federal government benefits may be qualified for state or local government benefits. " Non-Citizen Conditional Entry- Under federal public benefits law; the category of qualified immigrants includes persons granted conditional entry. This occurs very rarely, under exceptional circumstances. " Non-Citizen Deportation Withheld- Under federal public benefits law; the category of qualified immigrant includes persons whose deportation is withheld. This occurs very rarely, under exceptional circumstances. " Non-Citizen Paroled in U.S. 1 Year- Under federal public benefits law, the category of qualified immigrants includes persons who have been paroled in the U.S. for 1 year. This occurs very rarely, under exceptional circumstances. " Refugee- A person fleeing his or her country of origin because of persecution by his/her government based on race, religion, nationality, political opinion, or membership in a particular social group. Refugees receive their designated status prior to resettlement in the U.S. Refugees can apply to become Lawful Permanent Residents after one year in the United States refugee status. " Special Immigrant Juvenile Status (SIJS)- A child/youth (under 21 years of age and unmarried) who is under the jurisdiction of a juvenile and/or delinquency court, and for whom the court has found that the child cannot reunite with one or both parents, due to abuse, neglect or abandonment. If granted SIJ Status, the child is eligible to become a Lawful Permanent Resident. " T Visa- (Victims of severe forms of trafficking.) The individual has received this visa because he/she has been forced or coerced into sexual or labor services. This is a temporary, non-immigrant visa, but the individual can apply for lawful permanent residency after three years. " Temporary Protected Status- People from certain designated countries that have experienced devastating natural disasters or civil strife, who have received permission to be in the U.S. Those individuals with TPS obtain temporary work authorization. The listing of countries that qualify for temporary protective status can be found by visiting and then by clicking the "Temporary Protected Status" link under the "Humanitarian" section. The nationals of the following countries may be TPS eligible: El Salvador, Haiti, Honduras, Nicaragua, Somalia and Sudan. Each country has different requirements regarding eligibility, which can also be found on that same page, though it is recommended to consult with immigration counsel regarding eligibility. " U Visa (Victims of crimes)- The individual has received this visa because, as the victim of a certain qualifying crime, he/she suffered substantial physical or mental abuse and has been, is being or is likely to be helpful (or parent is helpful) to authorities in the investigation or prosecution of the crimes. (A signed certification from law enforcement or child protective services is required to apply.) The crime does not have to occur in the U.S., but must be the type of crime that would be investigated or prosecuted by U.S. law enforcement. This is a temporary non-immigrant visa but the individual can apply for permanent residency after three years. " U.S. Citizen- Individuals born in the United States, Puerto Rico, Guam, Northern Mariana Islands or U.S. Virgin Islands. A person born outside the U.S. can automatically acquire U.S. citizenship if his/her parent or even grandparent was a U.S. citizen. " U.S. National- Anyone born in American Samoa or Swain Island is a national who cannot be deported. revised 7/2012 5

6 " Unaccompanied Refugee Minor (URM)- Refugee children/youth overseas who are determined eligible by the Office of Refugee Resettlement through Department of Homeland Security, for resettlement in the U.S., but do not have a parent or a relative available and committed to providing for their long-term care. Upon arrival in the U.S., these refugee children are placed into the URM program and receive refugee foster care services and benefits. This is a benefits eligible classification that can also include SIJS and trafficking survivors. " Undocumented Immigrant- A person who comes to live and stay in a host country without legal documentation or permission. He/she may have entered the U.S. unlawfully or may have an expired or revoked visa. Undocumented immigrants do not have the permission to work and are not eligible for most federal benefits. Children are entitled to a K-12 grade education. Children and adults are entitled to Emergency Medical treatment. " Violence Against Women Act (VAWA)- The child has been battered or subjected to extreme cruelty (including emotional abuse) by a U.S. citizen or permanent resident parent, stepparent. Battered spouses are eligible also. The battered child can self-petition in lieu of relying on the abusive parent. If approved, the child may be eligible to become a Lawful Permanent Resident. revised 7/2012 6

7 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT : Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities Issue Date: Effective Date: Superseded: August 23, 2013 August 23, 2013 N/A Federal Enterprise Architecture Number: b 1. Purpose/Background. U.S. Immigration and Customs Enforcement (ICE) is committed to intelligent, effective, safe and humane enforcement of the nation's immigration laws. ICE seeks to enforce immigration laws fairly and with respect for a parent's rights and responsibilities. This directive supplements existing ICE enforcement priority memoranda. This Directive establishes ICE policy and procedures to address the placement, monitoring, accommodation, and removal of certain alien parents. The Directive is particularly concerned with the placement, monitoring, accommodation, and removal of alien parents or legal guardians who are: 1) primary caretakers of minor children without regard to the dependent's citizenship; 2) parent and legal guardians who have a direct interest in family court proceeding involving a minor or child welfare proceedings in the United States; and 3) parents or legal guardians whose minor children are U.S. citizens (USCs) or lawful permanent residents (LPRs). This Directive is intended to complement the immigration enforcement priorities and prosecutorial discretion memoranda, as well as other related detention standards and policies that govern the intake, detention, and removal of alien parents. The security and safety of any ICE employee, detainee, ICE detention staff or member of the public will be paramount in the exercise of the procedures and requirements of this Directive. 2. Policy. ICE personnel should ensure that the agency's immigration enforcement activities do not unnecessarily disrupt the parental rights of both alien parents or legal guardians of minor children Particular attention should be paid to immigration enforcement activities involving: 1) parents or legal guardians who are primary caretakers; 2) parents or legal guardians who have a direct interest in family court or child welfare proceedings; 3) parents or legal guardians whose minor children are physically present in the United States and are USCs or LPRs. ICE will maintain a comprehensive process for identifying, placing, monitoring, accommodating, and removing alien parents or legal guardians of minor children while safeguarding their parental rights. 3. Definitions. The following definitions apply for the purposes of this Directive only. Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

8 Custody. The period of time during which a person has been arrested or detained by ICE under its civil immigration enforcement authorities, is physically present in an ICEowned, -leased, or -contracted detention facility pursuant to such authorities, or is being transported by ICE or an ICE contractor (including for the purposes of removal from the United States) pursuant to such authorities. Custody ends when the person is released from ICE's physical confinement or restraint, including upon transfer to another agency Initial Placement. The first facility where an alien is detained by ICE Parental Rights. The fundamental rights of parents to make decisions concerning the care, custody, and control of their minor children without regard to the child's citizenship, as provided for and limited by applicable law. The rights of legal guardians of minor children to make decisions concerning those children as provided for and limited by applicable law Family Court or Child Welfare Proceeding. A proceeding in which a family or dependency court or child welfare agency adjudicates or enforces the rights of parents or minor children through determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or other legal obligations in the context of parental rights. 4. Responsibilities Enforcement and Removal Operations (ERO) Field Office Directors (FODs) and their staff or designees have responsibilities under Sections 5.1 through The ERO Executive Associate Director (EAD) has responsibilities under Section 5.8 and The ERO Field Operations Division has responsibilities under Section 5.7 (Facilitation of Return) The Parental Rights Coordinator has responsibilities under Sections 5.1, 5.8, and 5.10 (Training) The Field Point of Contact (POC) for Parental Rights in each ERO Field Office have responsibilities under Sections 5.1, 5.2, and 5.8 (Implementation through Collaboration and Information Sharing) ICE Office of Detention Policy and Planning (ODPP) has responsibilities under Section 5.10 (Training). 5. Procedures/Requirements. Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

9 Field Points of Contact for Parental Rights ("Field POCs"). 1) Each ERO FOD shall designate a specially trained coordinator at the supervisory level in his or her Field Office to serve as the Field POC for Parental Rights for his/her area of responsibility (AOR). These Field POCs will regularly communicate with the Parental Rights Coordinator (See 5.8) and report to ERO HQ on the progress of implementing this Directive. The Field POCs will also participate in all relevant training offered by HQ ERO on the subject ofthis Directive. 2) Each Field POC shall receive and address public inquiries related to the parental rights or family ties of detained alien parents or legal guardians of minor children. Careful consideration should be given to cases involving parents or legal guardians who are primary caretakers, those who have a direct interest in family court or child welfare proceedings, and those whose minor children are USCs or LPRs. Inquiries may be received from detained or non-detained aliens, their family members, attorneys or representatives, advocacy groups, state and local family courts, and/or child welfare services, among others. 3) Information regarding how to contact the Field POCs shall be posted and publicized at detention facilities within each AOR and on the ICE website. Information will be made available in multiple languages to the extent practicable Prosecutorial Discretion and Identification. 1) Prosecutorial Discretion. FODs shall continue to weigh whether an exercise of prosecutorial discretion may be warranted for a given alien and shall consider all relevant factors in this determination, including whether the alien is a parent or legal guardian of a USC or LPR minor, or is a primary caretaker of a minor. While the FODs may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion as early in the case or proceeding as possible. 2) Identification. ICE may receive information that identifies an alien as a parent or legal guardian of a USC or LPR minor, or as a primary caretaker of a minor at any time during the alien's arrest, processing or detention. If such information is sufficiently credible to confirm the alien's status as a parent or legal guardian of a USC or LPR minor, or as a primary caretaker of a minor, FODs should reevaluate any custody determination for the alien to the extent permitted by law and in accordance with existing ICE policy. Once a detained alien has been determined to be a parent or legal guardian of a USC or LPR minor, or as a primary caretaker of a minor, the FODor Field POC should also enter this information into ENFORCE. Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

10 Initial Placement and Subsequent Transfers. 1) If the alien's child, children, or family court or child welfare proceedings are within the AOR of initial apprehension, the FOD shall refrain from making an initial placement or from subsequently transferring the alien outside of the AOR of apprehension, unless deemed necessary by the FO D for the reasons outlined in Section 5.2(3) ofice Policy , Detainee Transfers (January 4, 2012) ("Detainee Transfer Directive"). FODs shall also note any transfers outside the AOR in the updated Detainee Transfer Checklist (attached). 2) Further, and subject to detention space availability, the FOD will initially place the detained alien parent as close as practicable to the alien's child(ren) and/or to the location of the alien's family court or child welfare proceedings (if any) Nature of the Individual's Participation in Family Court or Child Welfare Proceedings. 1) In-person appearance-- When a detained alien parent or legal guardian's presence is required to participate in family court or child welfare proceedings in order for him or her to maintain, or regain, custody of his or her child(ren) and: a) The detained alien parent or legal guardian or his or her attorney or other representative requests with reasonable notice an opportunity to participate in such hearings; b) The detained alien parent or legal guardian, or his or her attorney or other representative, has produced evidence of a family court or child welfare proceeding, including but not limited to, a notice of hearing, scheduling letter, court order, or other such documentation; c) The family court or child welfare proceedings are located within a reasonable driving distance of the detention facility where the detained alien parent or legal guardian is housed; d) Transportation and escort of the detained alien parent or legal guardian would not be unduly burdensome on Field Office operations; and e) Such transportation and/or escort of the detained alien parent or legal guardian to participate in family court or child welfare proceedings does not present security and/or public safety concerns, The FOD shall arrange for the detained alien parent or legal guardian's in-person appearance at family court or child welfare proceedings, if practicable. 2) Participation by video or standard teleconferencing- If it is impracticable to transport the detained alien parent or legal guardian to appear in-person in a family Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

11 Visitation. court or child welfare proceeding, due to distance or safety or security concerns, the FOD should work with both the detained alien parent or legal guardian and the family court or child welfare authority to identify alternative means for the detained alien parent or legal guardian to participate in the proceeding. For instance, if it is technologically feasible, and approved by the family court or child welfare authority, the FOD may facilitate a detained alien parent's or legal guardian's appearance or participation through video or standard teleconferencing from the detention facility or the Field Office. In all cases, if the detained alien parent or legal guardian does not wish to attend and/or participate in a family court or child welfare proceeding, ICE will not interfere with the detained alien parent's or legal guardian's decision, which shall be documented in the detainee's A-File. 1) In some cases, parent-child visitation may be required by the family court or child welfare authority in order for a detained alien parent or legal guardian to maintain or regain custody of his or her minor child(ren). If a detained alien parent or legal guardian, or his or her family member, attorney, or other representative produces documentation (e.g. a reunification plan, scheduling letter, court order, or other such documentation) of such a requirement, FODs shall facilitate, to the extent practicable, the required visitation between the detained alien parent or legal guardian and his or her minor child(ren). 1 a) Such special visitation may include contact visitation, within the constraints of safety and security for both facility staff and detainees. b) These special arrangements shall not limit or otherwise adversely affect the detained alien parent or legal guardian's normal visitation rights under the relevant detention standards, or the safe and efficient operation of the detention facility. 2) While in-person visitation is preferred and should be made available whenever practicable, if it is technologically feasible and approved by the family court or child welfare authority, FODs may permit parent-child visitation through video or standard teleconferencing from the detention facility or the Field Office. 1 Pursuant to ICE detention standards, at facilities where there is no provision for visits by minors, upon request, FODs shall arrange for a visit by children, stepchildren, and/or foster children within the first 30 days. After that time, upon request, ICE shall consider a request for transfer, when possible, to a facility that will allow such visitation. Upon request, FODs shall continue monthly visits, if transfer is not approved, or until an approved transfer can be effected. See NDS 2000 (Section H.2.d); PBNDS 2008 (Section H.2.d); PBNDS 2011 (Section 1.2.b). Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

12 Coordinating Care or Travel of Minor Children Pending Removal of a Parent or Legal Guardian. 1) Where detained alien parents or legal guardians who maintain their parental rights are subject to a final order of removal and ICE is effectuating their removal, FODs or their appropriate designees should accommodate, to the extent practicable, the detained parent or legal guardian's individual efforts to make provisions for their minor children. Such provisions may include the parent or legal guardian's attempt to arrange guardianship for his/her minor children to remain in the United States, or to obtain travel documents for their child(ren) to accompany them to their country of removal. 2) FODs will coordinate, to the extent practicable, within their local detention facilities and within the Field Office to afford detained alien parents or legal guardians access to counsel, consulates and consular officials, courts and/or family members in the weeks preceding removal in order to execute signed documents (e.g., powers of attorney, passport applications, appointments of guardians or other permissions), purchase airline tickets, and make other necessary preparations prior to removal. 3) In addition, the FOD may, subject to security considerations, provide sufficient notice of the removal itinerary to the detainee or through the detained alien's attorney or other representative, so that coordinated travel arrangements may be made for the alien's minor child(ren) Facilitation of Return. 1) If a lawfully removed alien (or his or her attorney, family member, consular official or other representative) provides to ICE verifiable evidence indicating that he or she has a hearing or hearings related to his or her termination of parental or legal guardianship rights before a family court or child welfare authority in the United States, and the court or child welfare authority has determined that the removed parent or legal guardian must be physically present, rather than participating via other means, ICE may, on a case-by-case basis, while taking into account security and public safety considerations, facilitate the return of the alien to the United States by grant of parole for the sole purpose of participation in the termination of parental rights proceedings. 2) ICE shall consider facilitating the return of a removed parent or legal guardian in compelling humanitarian cases. Aliens who are allowed to return must acknowledge in writing that they may be subject to additional safeguards, including but not limited to, detention, electronic monitoring or routine reporting requirements. Prior to being paroled back into the United States, alien parents or legal guardians must confirm, in writing: (i) that their sole purpose in traveling to the United States is to attend their termination of parental rights hearings; (ii) that the grant of parole can be terminated at any time; (iii) that they are not traveling to the United States in order to pursue immigration benefits or relief or protection from removal, or to otherwise circumvent Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

13 7 orderly visa and immigration processing; (iv) that they will depart the United States without delay following the conclusion of the final parental rights termination hearing for which they traveled to the United States; and (v) that they understand that if they do not depart the United States promptly upon the completion of such hearing, they may be subject to removal from the United States without further hearing as an arriving alien. Additionally, facilitation of return under this Directive will not relieve an alien of any ground of inadmissibility, deportability, or ineligibility for immigration benefits or relief or protection from removal. 3) The alien will be responsible for incurring all costs associated with returning to United States to participate in the termination of parental rights hearings; the alien will also incur all costs for departing the United States at the conclusion of the hearing. 4) Requests to facilitate return will be considered and accommodated on a case-by-case basis, taking into account security and public safety considerations and other relevant factors, such as whether the family court or relevant child welfare authority will permit the removed alien to participate through alternative means, e.g., through video or standard teleconferencing Implementation through Collaboration and Information Sharing. 1) The ERO EAD shall designate a Parental Rights Coordinator. 2) The Parental Rights Coordinator shall be responsible for: a) Serving as the primary point of contact and subject matter expert for all FODs and Field POCs, regarding the parental rights of detained aliens. b) With the assistance of relevant ERO divisions responsible for data collection and analysis, evaluating on an ongoing basis information collected from ENFORCE, Risk Classification Assessment (RCA) and other relevant ICE information technology systems regarding detained alien parents or legal guardians and sharing with FODs and Field POCs, on an ongoing basis, relevant information about detained alien parents and legal guardians within each AOR. c) Assisting FODs and Field POCs in utilizing information about detained alien parents and legal guardians to help ensure compliance with this directive, including: 1. the appropriate exercise of prosecutorial discretion with respect to detained aliens who are determined to be the primary caretaker of a minor child, or who are determined to be the parent or legal guardian of a USC or LPR child; u. appropriate initial placement decisions and transfer decisions for detained alien parents or legal guardians; Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

14 8 m. the appropriate provision of escorted trips to family court or child welfare proceedings for detained alien parents or legal guardians; 1v. appropriate visitation within ICE facilities; and v. appropriate efforts, to the extent practicable, to allow a detained alien parent or legal guardian to make provisions for their minor children, including through increased access to counsel, consular officials, family and dependency courts, child welfare authorities personnel, and/or family members or friends in order to arrange guardianship, or to obtain travel documents or otherwise make necessary travel arrangements, for his or her children. d) Coordinating as necessary with other relevant ERO program offices, FODs, state or local family court or child welfare authority personnel, consular officials and others to facilitate the timely response to issues or complaints relating to the parental rights of detained aliens received by ICE. e) Working as necessary with relevant ICE program offices and consular officials to facilitate the return to the United States of certain lawfully removed aliens by grant of parole for the sole purpose of participation in!}le termination of parental rights proceedings. 3) To the extent practicable, the FODs and the Field POCs shall utilize information collected from ENFORCE, RCA, and other relevant ICE information technology systems regarding detained alien parents and legal guardians to perform the functions described in Section 5.8(2)(c) of this Directive Outreach. 1) With support from other relevant ICE program offices and in coordination with U.S. Department of Homeland Security (DHS) entities and the U.S. Department ofhealth and Human Services' Administration for Children and Families, the ERO EAD or his or her designee shall work with representatives of family and dependency courts and child welfare authorities to develop methods for improving communication and cooperation between the immigration enforcement, family or dependency court, and child welfare systems. 2) In cooperation with non-governmental organization stakeholders, the ERO EAD or his or her designee shall ensure the dissemination to all over-72-hour facility law libraries relevant resource guides, including materials prepared by non-governmental organizations and reviewed by ICE, regarding dependency proceedings and the intersection of these proceedings with immigration enforcement and detention Training. 1) The Parental Rights Coordinator, in consultation with relevant ICE and DHS program offices- to include other relevant ERO program offices, the ICE Office of Training Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

15 9 and Development, Office of Detention Policy and Planning, and the DHS Office for Civil Rights and Civil Liberties - shall develop training materials to assist FODs, Field POCs, and other relevant Field Office personnel in the implementation of this Directive. 2) Training shall cover, at a minimum, the means by which ICE officers and personnel will safeguard the parental rights of aliens they encounter- through identification, placement, monitoring, accommodation, and removal - while fulfilling their obligation to enforce the immigration laws. 6. Recordkeeping. None. 7. Authorities/References INA 212(d)(5), 8 U.S.C. 1182(d)(5) Code offederal Regulations (CFR) ICE Policy , Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens (June 17, 2011) ICE Policy , Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens (March 2, 2011 ) Performance-Based National Detention Standard, "5.2 Trips for Non-medical Emergencies." 7.6. ICE Policy , Detainee Transfers (January 4, 2012). 8. Attachments Detainee Transfer Checklist (updated). 9. No Private Right. Notwithstanding the provisions of this Directive, ICE retains its discretion to remove or detain any alien to the extent permitted by law, irrespective of an alien's pending family court or child welfare proceeding. These guidelines and priorities zmatter. are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or / ~ ~/ ~~ ~ / ~.::::-- John SJ!Bdweg Acting Director / ' / U.S. ImmigratiQ!! and Customs Enforcement -~ Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities AILA InfoNet Doc. No (Posted 8/26/13)

16 Immigration and Child Welfare Online Training Handout: National and Local Resources National Resources 1 American Bar Association (ABA), Center on Children and the Law th St NW Washington, DC Phone: (202) ctrchildlaw@abanet.org The ABA Center on Children and the Law seeks to improve the laws, policies, and judicial procedures affecting children by supporting legal representation for youth, facilitating coordination between attorneys and caseworkers, reducing court delays, and providing training to court professionals involved in child welfare. Alliance for Children and Families West Lake Park Drive Milwaukee, WI Phone: (414) info@alliance1.org The Alliance is an association representing private, nonprofit child and family service organizations. Its members provide an array of services ranging from residential care to domestic abuse prevention and intervention. The mission of the Alliance is to strengthen the ability of its members to serve and advocate for children, families, and communities. The Alliance was formed by a merger between Family Service America and the National Association of Homes and Services for Children in American Immigration Council 1331 G Street, NW Suite 200 Washington, DC Phone: (202) The mission of the American Immigration Council is to strengthen America by honoring its immigrant history and shaping how Americans think and act towards immigration now and in the future. Major Program(s)/Initiatives(s): Immigration Policy Center (ICP) - Legal Action Center - Bridging Refugee Youth and Children's Services (BRYCS) United States Conference of Catholic Bishops (USCCB) 3211 Fourth Street NE 1 Adapted from:

17 Immigration and Child Welfare Online Training Handout: National and Local Resources Washington, DC Toll-Free: (888) General Scope: Bridging Refugee Youth and Children's Services (BRYCS) is a national technical assistance program addressing the challenges which refugee youth and children face in adjusting to life in the U. S. Its purpose is to broaden the scope of information and increase the collaboration among service providers for refugee youth, children and families. Casey Family Programs 1300 Dexter Avenue North Third Floor Seattle, WA Phone: (206) or (800) info@casey.org Casey Family Programs provides an array of services for children and youth, with foster care as it core. Casey services include adoption, guardianship, kinship care, and family reunification. Casey is also committed to helping youth in foster care make a successful transition to adulthood. First Focus 1110 Vermont Avenue, NW Suite 900 Washington, DC 2005 Phone: (202) First Focus is a bipartisan advocacy organization dedicated to making children and families a priority in Federal policy and budget decisions. Immigrant Legal Resource Center (ILRC) 1663 Mission Street Suite 602 San Francisco, CA Phone: (415) The Immigrant Legal Resource Center (ILRC) provides legal trainings, educational materials, and advocacy to advance immigrant rights. The mission of the ILRC is to work with and educate immigrants, community organizations, and the legal sector to continue to build a democratic society that values diversity and the rights of all people. Joint Council on International Children's Services (JCICS) 117 South Saint Asaph Street Alexandria, VA Phone: (703) info@jointcouncil.org

18 Immigration and Child Welfare Online Training Handout: National and Local Resources The Joint Council on International Children's Services is an affiliation of licensed, nonprofit international adoption agencies. JCICS membership includes parent groups, advocacy organizations, and individuals who have an interest in inter-country adoption. JCICS member agencies subscribe to established Standards of Practice designed to protect the rights of children, birth parents, and adoptive parents. Lutheran Immigration and Refugee Services (LIRS) Headquarters 700 Light Street Baltimore, MD Phone: (410) Lutheran Immigration and Refugee Services (LIRS) advocates for migrants and refugees with the goal of transforming communities through ministries of service and justice. Migration and Child Welfare National Network (MCWNN) Jane Addams College of Social Work University of Illinois at Chicago The mission of the Migration and Child Welfare National Network (MCWNN) is to improve programs and policies related to immigrant children and families involved in the public child welfare system. MCWNN conducts and disseminates research, develops policy and practice recommendations, develops and disseminates resources, and works with federal, State, and local child welfare agencies to facilitate policy and practice improvements. Migration and Refugee Services (MRS) United States Conference of Catholic Bishops 3211 Fourth Street, NE Washington, DC Phone: (202) Migration and Refugee Services (MRS) serve and advocate for refugees, asylees, and other forced migrants, immigrants, and other people on the move. Special concern is given to the most vulnerable among these populations, such as, but not limited to, minors unaccompanied by parents or adult guardians and the victims of human trafficking. National Association of Social Workers (NASW) 750 First Street NE Suite 700 Washington, DC Phone: (202)

19 Immigration and Child Welfare Online Training Handout: National and Local Resources The National Association of Social Workers is a private, nonprofit membership organization committed to enhancing the profession of social work, developing and supporting social policy, and promoting human services programs. There are NASW chapters in every state; most are engaged in child welfare and family violence program activities at the local level. The national office is primarily concerned with social policy, federal legislation and advocacy, and social practice standards that protect, promote, and ensure the welfare of children and families. National Center for Refugee and Immigrant Children (NCRIC) U.S. Committee for Refugees and Immigrants (USCRI) 2231 Crystal Drive, Suite 350 Arlington, VA Phone: (703) The National Center for Refugee and Immigrant Children (NCRIC) is a program of the U.S. Committee for Refugees and Immigrants (USCRI). NCRIC provides pro bono legal and social services for unaccompanied migrant children as they navigate the U.S. Immigration Courts. National Center on Immigration Integration Policy Migration Policy Institute th Street NW, Suite 300 Washington, DC Phone: (202) The National Center on Immigrant Integration Policy, located at the Migration Policy Institute, provides policy focused research, policy design, leadership development, technical assistance, and training for government officials and community leaders, and an electronic resource center on immigrant integration issues with a special focus on State and local policies and data. National Immigrant Justice Center (NIJC) 208 South LaSalle Street Suite 1818 Chicago, IL nijc@heartlandalliance.org Heartland Alliance's National Immigrant Justice Center (NIJC) is dedicated to ensuring human rights protections and access to justice for all immigrants, refugees and asylum seekers. NIJC provides direct legal services to and advocates for these populations through policy reform, impact litigation, and public education. Office of Refugee Resettlement (ORR) Administration for Children and Families (ACF) 901 D Street, SW - ORR/8th Floor Washington, DC

20 Immigration and Child Welfare Online Training Handout: National and Local Resources The Office of Refugee Resettlement (ORR) provides new populations with the opportunity to maximize their potential in the United States. Our programs provide people in need with critical resources to assist them in becoming integrated members of American society. The Florence Immigrant and Refugee Rights Project P.O. Box 654 Florence, AZ Phone: (520) The Florence Project provides and coordinates free legal services and related social services to indigent men, women, and unaccompanied children detained in Arizona for immigration removal proceedings. The Project strives to ensure that detained individuals have access to counsel, understand their rights under immigration law, and are treated fairly and humanely by our judicial system. U. S. Citizenship and Immigration Services (USCIS) Information and Customer Service Division MS Massachusetts Avenue NW Washington, DC TDD: (800) Toll-Free: (877) or (800) Spanish Information Website: U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS provides accurate and useful information to customers, grants immigration and citizenship benefits, promotes an awareness and understanding of citizenship, and ensures the integrity of the immigration system. Urban Institute 2100 M Street NW Washington, DC Phone: (202) or (877) paffairs@ui.urban.org The Urban Institute is a nonprofit, nonpartisan policy, research, and educational organization established to examine the social, economic, and governance problems facing the nation. The Institute provides information and analysis to public and private decision makers and strives to improve citizen understanding of the issues and tradeoffs in policy-making. Among the Urban Institute's Policy Centers are population studies, communities, health, education, and social policy. Vera Institute of Justice 1100 First St NE Suite 950 Washington, DC 20002