Illinois Coalition for Immigrant and Refugee Rights. Addressing the Challenges of a House Divided: Understanding the Immigrant and Refugee Debate

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1 Addressing the Challenges of a House Divided: Understanding the Immigrant and Refugee Debate Luvia Quinones Health Policy Director lquinones@icirr.org

2 Agenda I. Overview of Illinois Immigrant population II. III. National and Local perspective Advocacy and Engagement Opportunities

3 ICIRR is dedicated to promoting the rights of immigrants and refugees to full and equal participation in the civic, cultural, social, and political life of our diverse society. In partnership with our member organizations, the Coalition: educates and organizes immigrant and refugee communities to assert their rights; promotes citizenship and civic participation; monitors, analyzes, and advocates on immigrant-related issues; and informs the general public about the contributions of immigrants and refugees.

4 Who are we talking about today?

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7 Illinois family households that include both undocumented individuals and U.S. citizens Family households that include at least one undocumented individual Number (share) of such households that also include a legal immigrant or a U.S. citizen Chicago 68,000 57,000 (84%) Suburban Cook County 51,000 46,000 (89%) 7 Collar counties 61,000 55,000 (90%) Downstate (94 counties) 18,000 15,000 (83%)

8 Undocumented Federal Poverty Level Illlinois Chicago Suburban Cook 7 collar counties Downstate 94 counties Income among Illinois undocumented Income among Illinois undocumented

9 II. The Current Landscape

10 Three Executive Orders in Immigration 1) Muslim & refugee bans: Seeks to temporarily halt all entry from 6 Muslim countries and all refugees; also cuts refugee entries in half. Does not impact health & benefits. Currently tied up in courts 2) Border enforcement: Calls for the so-called wall and increase in border patrol and detention on the southern border. No direct reference to health or benefits 3) Interior enforcement: Calls for changes to enforcement priorities and punishing so-called sanctuary cities. Some reference to health & benefits in memos, but does not mean much.

11 IV. Immigration Enforcement and Health Centers

12 Fear of Immigration Enforcement Actions at Health Facilities While there is a low likelihood that an enforcement action could occur at a health center, there are reports of ICE presence at health center parking lots and ICE arresting people across the street from a health center. So, Know Your Rights: Immigration enforcement actions at health settings are protected by the 4th Amendment Sensitive Locations Memos also tools to prevent against these actions

13 Concerns around the Privacy of Personal Information Found in Medical Records Is my personal and medical information secure or could ICE use it to find me? Existing guidance: Information submitted when applying for health benefits is used to determine eligibility Information is not to be used for law enforcement purposes (exception: fraud investigations) Health Insurance Portability and Accountability Act (HIPAA): Protects against disclosure of personal identifying information There s a need for national origin and immigration status to be protected, but you do not need to ask ICE Memo clarifying use of of health care information (2011) Confirmed that information used to enroll in the ACA would not trigger immigration enforcement activity.

14 HIPAA Privacy rule prohibits disclosure of certain medical records and other patient information by covered entities, which include health plans, health care clearinghouses and health care providers. Protected Health Information (PHI), defined to be all individually identifiable health information held or transmitted by a covered entity or its business associate. 45 C.F.R The list of PHI identifiers does not specifically include immigration status or evidence of foreign birth, though federal guidance includes a catch-all category for identifiers of any other characteristic that could uniquely identify the individual. HIPAA does include specific exceptions that allow medical providers to disclose medical records without a patient s consent for judicial and administrative proceedings and for law enforcement activities. 45 CFR (e); 45 CFR (f). Don t consent. Document!

15 Fear of Using Medical Services If I use these benefits, will I be deported? Under current laws, people are usually not deportable for using benefits for which they are eligible. There is confusion and fear around public charge: does not have to be If I use these benefits, do I or a relative have to pay back for these services? There is confusion and fear around sponsor liability, where sponsors may be held accountable for used benefits

16 Implications Chilling effect in accessing health services --People wanting to stop receiving services from WIC, Medicaid, and other programs Fear of immigration enforcement actions at health facilities --Fear that ICE may be at or near a facility Fear around the privacy of personal information found in patient medical records Fear around the use of medical services and whether patient will need to pay back

17 What is happening in IL?

18 Local policy solution: Trust Act The Illinois TRUST Act seeks to protect and build trust between law enforcement agencies and immigrant communities by limiting local police involvement in federal immigration enforcement. Local police cannot comply with immigration detainers and warrants not issued by a judge. Local police also cannot stop, search, or arrest anyone based on that person s immigration or citizenship status. Local police can still act upon a valid enforceable federal warrant, and can still otherwise communicate with ICE. For more information:

19 Accessing Services Immigrant Family Resource Program (IFRP) Outreach workers educating and informing immigrant communities on health and human services, and breaking down the myths and stigmas associated with public benefits Family advocates and case-managers supporting families in accessing clinics and hospitals, government agencies, food pantries, and other safety net resources. In FY17, IFRP partners assisted 50,204 individuals to access food, health, income, and other basic needs. Professional interpreters facilitating communication between Limited English Speakers and staff at mainstream agencies; serving immigrant families from over 96 countries, speaking 55 languages. Culturally competent direct service staff based in trusted, ethnic community organizations with knowledge of mainstream services and practices. Immigrant Family Resource Program

20 What can you do?

21 The US Constitution guarantees basic rights to ALL of the people of the United States--regardless of immigration status

22 Warrant signed by a judge Warrant signed by ICE

23 Regardless of your immigration status, you have the right to: -REMAIN SILENT- Show your KYR Card! -SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY Police/Court : Public Defender or your own attorney at your own expense. Immigration Court : At your own expense -REQUEST A LOCAL TELEPHONE CALL Memorize phone numbers of family/friends with legal status *Preferably someone who knows/has your Emergency Plan. Contact your Consulate- List of consulates and phone numbers is available at detention centers.

24 Recommendations: Establish a written policy identifying areas as not open to the general public Provide posters and educational materials advising clients that they have the right to refuse to answer questions from immigration agents and to ask that a lawyer be present if they are questioned Establish a relationship with a lawyer, such as a board member who is an attorney, who can be available if an agent comes into your building Designate a specific person or persons as responsible for handling contacts with law enforcement officials.

25 Find legal help: Nonprofit organizations that provide low-cost help can be found at The immigration courts have a list of lawyers and organizations that provide free legal services: At there is a search engine into which you type a zip code and then are given a list of all the legal services near you. You can search for an immigration lawyer using the American Immigration Lawyers Association s online directory The National Immigration Project of the National Lawyers Guild also has an online finda-lawyer tool:

26 Family Support Hotline What is the Family Support Network Hotline? Toll-free hotline offers help to Illinois families facing deportation. The hotline is staffed by trained volunteers who will listen to families and offer referrals to lawyers, social service agencies, pastors, and other community supporters. The hotline is staffed in English, Spanish, Polish and Korean HELP-MY-Family ACTION: REPORT ANY ICE ACTIVITY TO THE HOTLINE BECOME A COMMUNITY NAVIGATOR!

27 Ways service providers can be partners in supporting and protecting immigrant communities: Host a know your rights session Become a community navigator Educate yourself and inform your community Get involved Contact: Dagmara Avelar at davelar@icirr.org

28 Resources National Immigration Law Center ICIRR Shriver Center Heartland Alliance