DEPORTATION DEFENSE. What We Will Cover Today

Transcription

1 Pennsylvania Immigration and Citizenship Coalition DEPORTATION DEFENSE Updated Nov. 1, 2017 Community Navigator Training: Module 3 What We Will Cover Today 2 Review: PICC and Community Navigators Immigration Enforcement Today Organizing for Better Policies How to Protect Ourselves n Deportation Defense Plan n Deportation Defense Packet Complete Review Worksheet 1

2 Who Is PICC? The Pennsylvania Immigration and Citizenship Coalition (PICC) is a diverse coalition of over 50 member organizations across the state. PICC leads and supports campaigns to advance immigrant rights at the local, state, and federal levels; builds immigrant electoral power through voter registration and education; supports grassroots community-led organizations through training and capacity building; and helps increase access to immigration services through the PA is Ready! project. What is a Community Navigator? Community Navigators are community members who receive specialized training to provide quality immigration services and information to their communities. 2

3 Introductions Name Organization or Group What is your favorite animal? Immigration Enforcement Today 3

4 Enforcement Changes in Threats to withhold federal funding to cities that refuse to cooperate with S-Comm Changes to enforcement priorities making ALL immigrants targets for deportation Increase in ICE stopping people in the streets to demand ID Increase in collateral pick ups when ICE is looking for a specific person, they will ask everyone in the house/workplace for ID and check their immigration status ICE presence at court hearings, parole check-ins, etc. and arresting/deporting people Threats of Mega-sweeps Pardoning Joe Arpaio, A national hero New Enforcement Priorities 8 Anyone who initially entered without documents Anyone with a final removal order Any non-citizen charged with any criminal offense Anyone who committed acts that constitute a chargeable offense New Expanded Priorities = No Real Prioritization = Higher Risk Fear that this incentivizes racial profiling 4

5 Secure Communities 9 S-Comm or, Secure Communities is a federal immigration enforcement program currently implemented by ICE Allows ICE to identify people who may be non-citizens, (includes LPR s), and potentially begin deportation proceedings against them Targets people at time of ARREST, not conviction, Allows for individuals to be wrongly arrested! Widespread unlawful detention without criminal charges or hearings Invites racial profiling by state and local law enforcement How S-Comm Works 10 5

6 287(g) Program 11 Agreement between state and/or local law enforcement and the Department of Homeland Security to collaborate to enforce immigration laws Department of Homeland Security basically deputizes state/local police to become immigration officers State and local police may: Question, arrest non citizens who they believe are illegal Interrogate non-citizens who have been arrested for nonimmigration charges, and determine immigration status; then turn them over to ICE ICE Holds & Requests for Notification 12 What is an ICE hold? A non-binding request from ICE to local police to hold a person beyond their release date What is a notification request? A courtesy notice to ICE about WHEN someone will be released from local police custody ICE states that for both requests and ICE holds, will be subject to enforcement priorities and only occur after conviction. But this is not what is really happening. 6

7 Group Discussion Divide into groups of 3. Make sure everyone has a chance to speak. Ø What do you think about the new enforcement policies? Ø How have these changes impacted your community? Ø Have you seen any changes in ICE activity or immigration enforcement in your community this year? Organizing for Better Policies We can protect our communities by passing local and state policies that limit collaboration between law enforcement and ICE. 7

8 Sanctuary Policies 15 Sanctuary jurisdictions are cities, counties, and states that have policies that limit how local police collaborate with ICE Local police will NOT hold people based on an ICE hold requires ICE to get a judicial warrant Prevent local and state police from participating in 287(g) Police will NOT ask about immigration status in regular interactions with people One state (CA), 39 cities, and 364 counties have policies that limit cooperation with ICE Do NOT prevent ICE from entering a city/county Sanctuary Counties & Cities in PA 16 Pennsylvania Welcoming Counties Erie Warren McKean Potter Bradford Susquehanna Tioga Crawford Wayne Forest Wyoming Venango Elk Cameron Sull ivan Mercer Clinton Lycoming Pike Jefferson Luzerne Clarion Monroe Clearfield Butler Centre Union Armst rong Carbon Snyder Beaver* Schuylkill Indiana Cambria Lehigh Allegheny Blair Berks Perry Westmoreland Lebanon Bucks Huntingdon Washington Cumberland Lancaster Chester Bedford Fayette Somerset Greene Franklin Adams York Philadelphia Delaware Lawrence Fulton Mi in Juniata Montour Northumberland Dauphin Columbia Lackawanna Northampton Montgomery Welcoming Policies include limiting collaboration between local police and Immigration and Customs Enforcement (ICE) by no longer holding people based upon ICE detainers and not asking about immigration status. Municipalities with Welcoming Policies: Lancaster Philadelphia Pittsburgh Indiana State College York Erie Pennsylvania Immigration and Citizenship Coalition Information gathered from "A Changing Landscape: Pennsylvania Counties Reevaluate Policies on Immigration Detainers" report by the Sheller Center for Social Justice and conversations with county and city officials. 8

9 Sanctuary Policies & Crime 17 Trump administration has threatened to cut federal funding to sanctuaries because they protect criminal aliens Sanctuary counties have lower crime rates and stronger economies than non-sanctuary countries 35.5 fewer crimes committed per 10,000 residents A survey of 750 police chiefs across the country found that they consider sanctuary policies to be an important tool for ensuring public safety Another survey of 100 undocumented immigrants found that undocumented residents were generally willing to interact with police Welcoming Policies 18 Cities, counties, and states can pass policies that help and support immigrant communities Require that all city, county, and state agencies provide language access interpreters, translate materials and forms, etc. Tuition Equity allows all students that attend and graduate from local high school to receive in-state tuition, regardless of immigration status Can you think of other examples? 9

10 How Can Communities Get Involved? 19 Preserve Our Wins Be vigilant about any local changes to policy Continue meeting with elected officials and law enforcement to educate them on why they should support immigrant communities Reach out to Federal & Local Officials and tell them that they shouldn t support any policies increasing deportations or promoting cooperation with ICE Look for other opportunities: Work with criminal justice advocates on criminal justice reform efforts Fight mass incarceration & mass deportation Educate your community and Know Your Rights! Training Check In What worked in this section? How would you lead this section? 10

11 How Can We Protect Ourselves? Create a Deportation Defense Plan and Packet! Group Discussion Divide into groups of 3. Make sure everyone has a chance to speak. Do you know someone who has been detained by police or ICE and/or deported? Ø What happened after they were picked up? Ø Did their family or friends know what to do or how to respond? 11

12 Make A Deportation Defense Plan! 23 Plan includes: A safety preparation packet Gathering important documents and information Identifying those who will be able to help Creating a response plan Allows individuals and families to prepare in advance for the worst case scenario. As Community Navigators, You Will 24 Review the plan with the client Help the client address any questions or gaps in their plan Advise client to share this plan with his/her emergency contact Refer them to an attorney or DOJ (BIA) representative about any legal issues 12

13 Prepare: Emergency Planning 25 In this time of higher risk and increased enforcement in immigrant communities, Emergency Planning is VERY important for two reasons: If you are arrested and detained by ICE, the best way you can prevent your deportation is by being prepared with the right documents and contacts. The best thing for your family is that you have an emergency plan to take care of your children, your finances, and your home. What is an Emergency Plan? 26 Carry with you a list of important Emergency Contact phone numbers, including your consulate and trusted attorney Even better memorize your attorney s phone number! Talk with your family and write down your plan in case you are in detention/deported Decide who will take care of your children Have your documents ready AND in a safe place 13

14 Emergency Contacts 27 In the case that you are arrested and detained, you will be allowed to make phone calls. You should be prepared with the following contact information written on a sheet of paper that you carry with you at all times: Name and Phone Number of your Emergency Contact Person (non-attorney, close contact) Number of your local Consulate - can help with Emergency cases! Name and Phone Number of your lawyer (if you have one) Emergency Contacts, cont. 28 Your Emergency Contact must be a person you trust and must be ready to: Get your Binder of Prepared Deportation Defense Documents Follow your Deportation Plan, including: n Notify your loved ones and have them pick up your kids at school n Notify your employer n Take care of any pets or other household necessities while you are away Call ICE to get your A# and where you will be detained. Emergency Contact must give ICE your full name, birthplace and birthdate Contact either your Immigration lawyer or a lawyer that they know and deliver your Deportation Defense Documents to that lawyer 14

15 Plan a Family Meeting Place 29 In the event you are detained, your family needs a location where they can meet while determining if it s safe to return to your home. Pick a meeting location and share this with your Emergency Contact n They will call your family members to meet there Complete a Family Contacts Sheet with the names and phone numbers of all family members, for your emergency contact to call to that meeting place n Include Address of Meeting Place n Names, phone numbers of all family members Childcare Plan & Power of Attorney 30 If you are arrested and detained, you need to make sure an adult you trust is ready to care for your children and your home. Create and share your childcare plan with your children so they can be ready if anything happens, including: Who will take care of them if you are detained? Make sure they have this person s number memorized and/or saved Who will pick up your children from school? Make sure school is updated with this person s emergency contact info Who will call them if something happens? This can be Emergency Contact or a different family member Where should they meet if you are detained? 15

16 Personal Document Packet 31 Birth Certificate Copy of Consular ID Copy of Passport Copy of any other form of ID Educational Degrees Marriage License Birth certificate(s) of your children with your name listed Your House or Property paperwork Lease to your rental property Rent payment receipts List of all properties you lived in while in the U.S. Military Paperwork Business Paperwork Personal Document Packet, Cont. 32 Work Paychecks Medical records Criminal records Immigration record Visa, work permit, A#, deportation order, ICE paperwork Legal Paperwork from lawyers you have worked with previously Police paperwork proving you were the victim of a crime Paperwork proving you are the witness of a crime in the United States and are cooperating in an investigation Paperwork of a pending civil rights complaint 16

17 Childcare Document Packet 33 Children s passports Children s birth certificates Marriage license (if applicable) Children s Medical Records Emergency Numbers and Important Contact Information Power of Attorney School records with Emergency Contact listed Deportation Defense Packet This packet is a comprehensive step-by-step guide to help families create their emergency plan 17

18 As Community Navigators, You Will 35 Review each page of the Deportation Defense Packet with client Help client organize his/her documents Run through checklist on page 8 Help client complete any missing information and/or provide assistance with how to find missing documents Remind client to keep all documents, plan, and packet in one safe place at home. Emergency Contact person should know where this is. Deportation Defense Plan pg

19 Deportation Defense Plan pg 1 37 Deportation Defense Plan pg

20 Deportation Defense Packet Pg 1 39 Deportation Defense Packet Pg

21 Deportation Defense Packet Pg 2 41 Deportation Defense Packet Pg

22 Deportation Defense Packet Pg 3 43 Deportation Defense Packet Pg

23 Deportation Defense Packet Pg 5 45 Deportation Defense Packet Pg

24 Deportation Defense Packet Pg 6 47 Deportation Defense Packet Pg

25 Deportation Defense Packet Pg 7 49 Deportation Defense Packet Pg

26 Deportation Defense Packet Pg 8 51 What else can communities do? 52 Know Your Rights Speak with an immigration attorney Get involved with your local community organization Take advantage of available resources 26

27 Complete Review Worksheet You have completed Module 3! 54 REMEMBER: Complete and submit the Community Navigator Certification Agreement Update your Community Navigator Training Log Sign up for your next training module! 27

28 Community Navigator Core Curriculum 55 Community Navigator Orientation Module 1: Overview of Immigration Law Module 2: Know Your Rights Module 3: Deportation Defense Module 4: Comprehensive Screening Tool Module 5: Citizenship Module 6: Presentation and Training Skills Thank you to 56 Presentation developed by: Judy Kim, Pennsylvania Immigration and Citizenship Coalition Juntos Tool developed by: Juntos 28

29 Contact Us Alicia Quebral WE Lead Program Staff Carlos Adolfo Gonzalez Statewide Capacity Building Coordinator