Immigration Legal Services

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2 Immigration Legal Services Survivor-based forms of relief Immigrant minors Naturalization Community Education and Screenings Additional services U Visa VAWA (Violence Against Women Act) T Visa Asylum for minors Special Immigrant Juvenile Status (SIJS) Including removal defense Citizenship application Citizenship classes Know Your Rights (KYR) Legal consultations DACA Renewals Temporary Protected Status (TPS) Renewals

3 WRAP-AROUND SERVICES Trauma-informed behavioral health services Housing Assistance Weekly Food Pantry Job Application Support Health and Social Service Referrals

4 Immigration Policy Timeline April 2018 present April 6 May June 26 June 28 July 26 July 30 August 17 August 31 September 6 September 22

5 DACA renewals continue to be accepted. Encourage all your students whose DACA expires within the next year to come in for renewal. Financial assistance is available at Canal Alliance to cover the entire renewal fee. DACA Renewal Clinic March 16, 2018

6 Over 10,000 residents in Marin are eligible to apply for citizenship NAC Marin Citizenship Workshop September 8, 2018

7 RESEARCH REPORT Does my Jail Cooperate with ICE? February 2018 SB-54 in Marin Marin TRUTH Act Community Forum December 6 th 2018

8 KNOW YOUR RIGHTS: REVIEW EVERYONE, REGARDLESS OF THEIR STATUS, HAS CONSTITUTIONAL RIGHTS BEFORE IMMIGRATION AUTHORITIES. Remain Silent Don t respond to the questions of an immigration agent or provide any personal information. Don t Open Your Door If agents come to your home, ask that a search warrant be passed under your door or shown through a window. ICE probably won t have a warrant. Don t Sign Anything In case of detention, don t sign any document. Ask to speak with an attorney and for a hearing in immigration court. Request to speak to your attorney You will not be provided one by ICE, but you have the right to speak to one. We therefore highly recommend that everyone know of or meet with an attorney upon whom they can call in the case of a detention.

9 PROTECTING FAMILIES

10 What is Public Charge? Is this how the government can find out where I am? Does it mean that if my children use healthcare I will be deported? What is it? I think it means I should get off of benefits now. Does it mean that if I use public benefits, I won t qualify for naturalization? Last Saturday, September 22, 2018 DHS released the proposed text of the public charge rule and a press release. Slide content provided by Erin Quinn, Senior Staff Attorney, ILRC

11 About one in four children in the U.S. have at least one immigrant parent Anecdotally, already seeing Marin immigrant families afraid to apply for public benefit programs for which they are eligible

12 Public Charge A test applied only at certain points along the immigration path: When they apply to enter the US and When they apply to become lawful permanent resident (LPR) There is no public charge test when an LPR applies for naturalization. Mainly impacts individuals who hope to immigrate through a family member (and their family members). Slide content provided by Erin Quinn, Senior Staff Attorney, ILRC

13 Public Charge assessing future likelihood Immigration authorities are required by law to consider: age health assets, resources, and financial status family status education and skills affidavit of support other factors may be considered DHS must consider the totality of circumstances Slide content provided by Erin Quinn, Senior Staff Attorney, ILRC

14 Public Charge Exemptions Many immigrants are not subject to public charge: Humanitarian visas are exempt: Refugees and asylees, Special Immigrant Juvenile Status adjustment applicants, T visas (applicants and adjustment), U visa (applicants and adjustment), VAWA selfpetioners, and others. Regulation also proposes to exclude: DACA renewals, and active duty servicemembers + family. U.S. citizens are exempt as well as most legal permanent residents. Benefits used by children not applying for status will not be considered, but of course proposed changes would still effect the well-being of the entire family. Slide content provided by Erin Quinn, Senior Staff Attorney, ILRC and Protecting Immigrant Families: Advancing Our Future

15 Public Charge Current Situation Cash assistance for income maintenance Temporary Assistance for Needy Families (TANF) General assistance Supplemental Security Income (SSI) Long term institutionalized care at government expense Nursing home Mental health institution Covered by Medicaid Proposed change to rule Health Programs Non-emergency Medicaid (with limited exceptions for certain disability services related to education) Low Income Subsidy for prescription drug costs under Medicare Part D Nutrition programs Supplemental Nutrition Assistance Program (SNAP) Housing assistance Such as Section 8 housing vouchers Slide content provided by Erin Quinn, Senior Staff Attorney, ILRC and Protecting Immigrant Families: Advancing Our Future

16 Public Comments Not yet posted to the Federal Register, but when it is there will be 60 days for public comment. Nothing has changed yet! The released regulation is a draft! Public comments can: Delay the worst parts Change the outcome Document the impact Empower the community Some slide content provided by Erin Quinn, Senior Staff Attorney, ILRC

17 Public Charge: Staying up-to-date For the latest information, multi-lingual messaging to immigrant families, and how to effectively get involved check out protectingimmigrantfamilies.org and join their mailing list

18 18 CANAL ALLIANCE: GENERAL LINE CANAL ALLIANCE: IMMIGRATION LEGAL SERVICES MARIN RAPID RESPONSE NETWORK Interested in a training at your next staff meeting? Or with families? LAUREN SILVER Legal Outreach Coordinator LaurenS@canalalliance.org Direct: We All Belong Here By Micah Bazant 2017