NOT FOR REPRODUCTION. Advocating for Children from Immigrant Families: Assessing for Immigration Relief

Transcription

1 Advocating for Children from Immigrant Families: Assessing for Immigration Relief Cristina Ritchie Cooper, JD American Bar Association Center on Children and the Law Elaine M. Kelley, PhD, MSW U.S. Citizenship and Immigration Services Department of Homeland Security Maryland CASA Association 10 th Annual Conference April 9, 2016

2 Presentation Topics Immigrant Children & Families in Maryland Special Immigrant Juvenile Status U Visa, T Visa, VAWA Q & A 2

3 Immigrant Children & Families in Maryland 233,000 unauthorized immigrants 54% from Mexico and Central America 20% of total from El Salvador alone 18% from Asia 3% of total from India alone Unaccompanied immigrant children Over 7,000 reunified with family and sponsors in MD since October From: Migration Policy Institute, immigrantpopulation/state/md; U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement, Unaccompanied Children Released to Sponsors By State

4 Who is an Unaccompanied Child? An unaccompanied alien child (UAC) is someone: With no lawful immigration status in the U.S.; Who has not attained 18 years of age; and Who has no parent or legal guardian in the U.S. or no parent or legal guardian in the U.S. available to provide care and physical custody. 6 U.S.C. 279(g) 4

5 How Many Children are Apprehended and Where are They From? 68,541 UACs processed by Customs and Border Protection between 10/1/13 and 9/30/14, a 77% increase over the previous FY (38,759) 39,970 UACs processed by CBP in between 10/1/14 and 9/93/15, a 42% decrease Come from all over the world, but primarily from Guatemala, Honduras, El Salvador, Mexico 5

6 Central America 6

7 What are the Causes of the Recent Influx? Push Factors: Violence gangs, cartels, domestic Poverty Insecurity, Impunity, Corruption Pull Factors: Employment Goal of Reunifying with Family Education 7

8 8 From: UNCHR, Children on the Run: Unaccompanied Children Leaving Central America and Mexico and the Need for International Protection (2014)

9 What Happens When a Child is Apprehended at the Border? Apprehended by Customs and Border Protection (CBP). Transported to CBP processing center, 48 hours to determine if UAC. Different procedures for children from Mexico & Canada vs. non contiguous countries. Eligible UACs should be transferred to Department of Health and Human Services (HHS)/Office of Refugee Resettlement (ORR) within 72 hours. Transported by Immigration and Customs Enforcement (ICE) to HHS/ORR shelter. Released to family or friend through reunification process (90%) in approximately 30 days. 9

10 Services in Shelter Shelter caseworkers work with family to complete reunification process During time at shelter child goes to classes, speaks to counselor, may contact family. Shelters also offer recreation, religious services, medical services. Legal services available: youth participate in Know Your Rights presentation by legal service provider and get an individual screening 10

11 Top Six States for UAC Reunification New York Texas California Florida Maryland Virginia 11

12 Immigration Relief Options Purpose Critical component of effective permanency planning Stability, security, benefits Timing In light of ASFA timeframes, note that immigration relief processes can take time Explore all the options early Make them part of case plan 12

13 Presentation Topics Immigrant Children & Families in Maryland Special Immigrant Juvenile Status U Visa, T Visa, VAWA Q & A 13

14 Presentation Topics Immigrant Children & Families in Maryland Special Immigrant Juvenile Status U Visa, T Visa, VAWA Q & A 14

15 U Visa: Purpose U Nonimmigrant Status Intended to strengthen ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes, while also protecting victims of crimes. 15

16 U Visa: Eligibility Victim of qualifying criminal activity Substantial physical or psychological abuse Information on the crime Helpful in law enforcement investigation Certification Crime happened in U.S. or violated U.S. law 16

17 U Visa: Qualifying Crimes Abduction Abusive Sexual Contact Blackmail Domestic Violence Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contracting Hostage Kidnapping Prostitution Torture Manslaughter Rape Trafficking Murder Sexual Assault Witness Tampering Obstruction of Justice Sexual Exploitation Unlawful Criminal Restraint Extortion Incest Peonage Slave Trade Other Related Crimes False Imprisonment Involuntary Servitude Perjury Stalking 17 From: ABA Commission on Immigration

18 U Visa: Certification Law enforcement certification required for application Requires confirmation that victim has been, is being, or is likely to be helpful in investigation or prosecution of the criminal abuse Who can issue certification? Federal, state or local judge, prosecutor, law enforcement officer or other justice official involved in prosecuting the activity USCIS has indicated that child welfare agencies may sign the certifications. 18

19 U Visa: Access to Benefits Protection against deportation Employment authorization upon conditional approval TANF eligible 5 years after becoming LPR SNAP (food stamps) eligible 5 years after becoming LPR except children under 18, who are eligible once become LPR 19 Medical coverage: federal 5 year ban BUT in Maryland, Medicaid/SCHIP available to lawfully residing pregnant women and children AND Montgomery County: limited coverage for some low and moderateincome residents, regardless of status Prince George s County: limited coverage for children in low income families, regardless of status From: National Immigration Law Center, Medical Assistance Programs for Immigrants in Various States (Table) (2015); National Immigrant Women s Advocacy Project, Comparison Chart of Violence Against Women Act Self Petitioning, U visa, and Special Immigrant Juvenile Status (2015); U.S. Department of Health and Human Services, ASPE Issue Brief, Overview of Immigrants Eligibility for SNAP, TANF, Medicaid and CHIP (2012)

20 U Visa: Derivative Applications Victim Adult Child (under 21) U.S. citizen child Can Apply For Spouse Children Parents Siblings (under 18 & unmarried) Children Spouse Parent could be indirect victim 20

21 T Visa: Purpose T Nonimmigrant Status Intended for victims of severe forms of human trafficking Sex trafficking = commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such act is under 18 Labor trafficking = recruitment, harboring, transportation, provision or obtaining of a person through force, fraud or coercion for purpose of involuntary servitude, peonage, debt bondage or slavery 21

22 T Visa: Eligibility Victim of severe form of trafficking Physically present in the U.S. because of the trafficking Assist with investigation (unless under 18 or unable to cooperate due to physical or psychological trauma) Extreme hardship if removed from the U.S. 22

23 T Visa: Access to Benefits Protection from deportation Employment authorization upon receipt of bona fide determination from USCIS TANF/SNAP/Medicaid/CHIP exempt from 5 year ban after become LPR on eligibility for federal benefits Derivative beneficiaries also may access federal benefits ORR certification helps victims access federal and state benefits, before become LPR 23 From: National Immigration Law Center, Overview of Immigrant Eligibility for Federal Programs (2015)

24 T Visa: Derivative Applications Victim Adult Can Apply For Spouse Children Child (under 21) Parents Siblings (under 18 & unmarried) Children Spouse 24

25 VAWA: Purpose Violence Against Women Act Self Petition Allows survivors of domestic violence to seek legal status without the involvement or knowledge of their abusive partners Mostly commonly used to help undocumented parent abused by spouse and undocumented child 25

26 VAWA: Eligibility Victim of domestic violence who is the current/former spouse or child of abusive U.S. citizen or LPR Good faith marriage/parent child relationship Resides or resided with abuser Victim of battery or extreme cruelty Good moral character 26

27 VAWA: Access to Benefits Protection from deportation Provides basis for work authorization either upon filing or upon approval of petition TANF at federal level, eligible 5 years after becoming LPR Once VAWA self petition approved, may be eligible for Maryland s state funded cash assistance program SNAP (food stamps) adults eligible 5 years after prima facie determination, children upon pfd or approval 27 From: National Immigrant Women s Advocacy Project, Comparison Chart of Violence Against Women Act Self Petitioning, U visa, and Special Immigrant Juvenile Status (2015); National Immigration Law Center, Overview of Immigrant Eligibility for Federal Programs (2015)

28 VAWA: Derivative Applications Victim Adult Can Apply For Unmarried children under 21 at time of filing can be included in abused parent s petition Child (under 21*) Non abused, non abusive parent can apply for him/herself; Children under 21 at time of filing can be included in victim s petition * A survivor of abuse may apply as a child up to age 25 if s/he shows that the abuse is one of the central reasons for the filing delay. 28

29 Additional Resources Bridging Refugee Youth and Children's Services (BRYCS): Center on Immigration and Child Welfare (formerly the Migration and Child Welfare National Network): ABA Center on Children and the Law s Immigration Project: Immigrant Legal Resource Center fact sheets on immigration options for undocumented children: pdf 29

30 Questions? 30