Immigration Status Categories

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2 Immigration Status Categories Refugee - Generally, any person outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution based on the persons race, religion, nationality, membership in a particular social group, or political opinion. Asylee A foreign national in the U.S. or at a port of entry who is unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution of a well-founded fear of persecution. Persecution or the fear thereof must be based on religion, nationality, membership in a particular social group or political opinion. Lawful Permanent Resident Any person not a citizen of the U.S. who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as Green Card holder or Permanent Resident Alien. Undocumented A foreign national residing in the U.S. without legal immigration status. Deferred Action for Childhood Arrivals more to come

3 GLOBAL HOTSPOTS Refugees & Asylees

4 US Refugee Program

5 Service Providers Resettlement Agencies -JFS, CC, IRC, AAA Community Based organizations Family Resource Centers Local and State Government

6 Lawful Permanent Resident vs Undocumented Immigrant A lawful permanent resident is a non-citizen who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "green card. Family Reunification Work Visa Diversity Visa Investors Visa The easy definition of an undocumented immigrant is that he or she is a foreign-born person who doesn't have a legal right to be or remain in the United States. Crossing the border illegally Enter US legally and overstayed their visa

7 Deferred Action for Childhood Arrivals (DACA) DACA is a result of executive action taken by President Obama on June 15, DACA status is deferred removal (deportation) for qualifying undocumented individuals for a two-year period, subject to renewal. DACA recipients are also eligible to receive work authorization. DACA does not provide any pathway to citizenship.

8 2017 Enforcement Priorities On February 20, 2017, DHS Secretary John Kelly issued an implementation Memo on Enforcement. The memo directed DHS personnel to prioritize removable aliens who fall within seven categories: 1. Have been convicted of any criminal offices; 2. Have been charged with any criminal offense that has not been resolved; 3. Have committed acts which constitute a chargeable criminal offense; 4. Have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency; 5. Have abused any program related to receipt of public benefits; 6. Are subject to a final order of removal but have not compiled with their legal obligation to depart the U.S.; or 7. In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

9 Sensitive Locations Sensitive Location Memoranda of ICE & CBP Remain in effect under new administration Memos provide that enforcement actions at locations such as schools, places of worship, courts, and shelters should be generally be avoided and require either prior approval from an appropriate supervisory official or exigent circumstances necessitating immediate action. Memorandum on Enforcement Actions at or Focused on Sensitive Locations, Immigrations Customs Enforcement, October 24, 2011 AND Memorandum of Enforcement Actions at or Near Certain Community Locations, U.S. Customs and Border Protection, January 18, Enforcement actions covered include: (1) arrest; (2) interviews; (3) searches; and (4) for purposes of immigration enforcement only, surveillance.

10 Client Statistics Client Statistics 90% of our undocumented clients meet the requirements to receive public assistance. Around 50% have their children enrolled in free and reduced lunch. All of these clients mentioned the fear that they feel when applying for the assistance especially since it is renewed every year. 30% mentioned that they have withdrawn from any type of assistance due to the tensions in the new administration.

11 Client Stories Ann is from Belize and entered the country without inspection with aunt at a young age. Since she left so little she does not have any connections to Belize apart from distant family members and was never even taught Belizean creole. She went to school and college in the United States and is currently married to a U.S citizen and has children who were born here. As she was growing up her parents moved around a lot because they believed it was safer for them given their immigration status. Having grown up with this fear she also tries to keep a low profile, including avoiding requesting any type of public assistance. She mentioned straight forward that she does not request food stamps or free and reduced lunch for her children because she wants to remain under the shadows and requesting assistance, although it would be for her children seems as a threat to her.

12 Client Stories Ben and Adam both suffer from epilepsy and cerebral palsy. They both need around the clock care to maintain a normal lifestyle. Their mother works as much as possible and has them in an informal group home for special needs adults. These clients have complained of not thinking they receive the proper treatment, but ultimately their mother has said that she fears that requesting public assistance can be dangerous for them given their immigration status. When they were younger both her kids where following the ketogenic diet since it has been proved to help some people in controlling seizures. Given the change of administration, the children mother mentioned that it is too expensive to continue this diet without requesting additional help and thus both of their seizures have risen due to the change of diet.

13 Client Stories Joe entered without inspection with his mother when he was four years old. A couple years after entering the country his mother began abusing him. This abuse continued through his middle school years and he always feared reaching out for help due to his immigration status. He is now in a safe home with supportive guardians but they also fear for his immigration status and thus try avoid requesting help on his behalf. They mentioned how threatened they feel when one requests free or reduced lunch, because you have to renew it every year and this year they choose not to renew it. They have been paying everything out of pocket due to the fear and tension of this past year.

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15 Outreach The most effective ways to reach out to this vulnerable population is by working with community based organizations and thus allowing them to feel safe within their community. 1. Faith based institutions (Churches, Mosques, temples etc.) 2. Student run organizations at schools (Latino Center at CSUSM, Undocumented student service center at UCSD and Mecha at SDSU) 3. Collaboration with other immigrant advocacy organizations such as border angels.

16 Know your rights Red cards ( Have a safety plan Watch out for the unlawful practice of immigration law Notarios and immigration consultants are NOT attorneys or legal representative If somebody is an attorney ask for their bar number to confirm they are in good standing. If somebody is a BIA legal representative they should be on the list under the department of Justice Always consult a legal representative or attorney before signing anything if detained. One always has the right to silence (5 th amendment)

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