Remedies for Youth, Adolescents and Young Adult Victims

Remedies for Youth, Adolescents and Young Adult Victims August 6, 2014 Workshop II, Session C New Orleans, LA 08/06/2014 1

THIS PROJECT WAS SUPPORTED BY GRANT NO. 2013-TA-AX-K009 AWARDED BY THE OFFICE ON VIOLENCE AGAINST WOMEN, U.S. DEPARTMENT OF JUSTICE. THE OPINIONS, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS EXPRESSED IN THIS PUBLICATION/PROGRAM/EXHIBITION ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF THE DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN. 08/06/2014 2

Introductions Maria Jose Fletcher Co-Director and Co-founder of VIDA Legal Assistance, Inc. in Naranja, FL Edna Yang General Counsel, American Gateways in Austin, TX Judge Susan Breall Superior Court for the City and County of San Francisco, Juvenile Delinquency Department 08/06/2014 3

Learning Objectives By the end of this training, you will be better able to: Identify different forms of immigration relief available to immigrant youth Understand differences and advantages between victim based immigration remedies for immigrant youth Obtain orders from family courts that are either required or helpful for immigration cases filed by immigrant children. 08/06/2014 4

Key Intersections in Family, Child Protection, and Juvenile Cases Eligibility for federally, state, and locally funded treatment and other services; Divorce and child support case processing generally. Dealing with unaccompanied non-citizen juveniles and many other aspects of juvenile case processing; Child protection case processing; Immigrant victim protections; and State court compliance with international treaties regarding child custody, adoption, and many other aspects of family law. 08/06/2014 5

Immigrant Children in Family Court May have options for legal immigration status Child s own application Child included in parent s application Immigrant children s best interests are promoted when family courts Issue orders children need to assist in their attaining legal immigration status for which they qualify Award custody to non-abusive parents Do not inadvertently cut children off from legal immigration options Provide and promote U visa certification 08/06/2014 6

Immigration Options for Children Asylum* Special Immigrant Juvenile Status(SIJS)* Violence Against Women Act (VAWA)* Self-petition* Cancellation of removal U-visa for crime victims* T-visa for trafficking victims* Temporary Protected Status El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan Humanitarian parole Prosecutorial discretion Deferred Action for Childhood Arrivals (DACA)* Stays of removal, reinstatement, administrative closure 08/06/2014 7

Legal Immigration Status Options for Non-citizen crime victims and children VAWA self-petition Abused spouses/children of US citizens and lawful permanent residents Abused parents of U.S. citizens over 21 years of age VAWA cancellation of removal Abused spouses/children of US citizen and lawful permanent residents protection from deportation Battered spouse waiver Abused spouses of US citizens with twoyear conditional permanent residency T visa Victims of severe forms of human trafficking Asylum An individual who has suffered persecution and meets the definition of a refugee U visa Victims of criminal activity Has been, is being or is likely to be helpful in the detection, investigation, prosecution, conviction or sentencing Substantial harm from criminal activity Special Immigrant Juvenile (SIJ) Juveniles that have been abused, battered, abandoned or neglected Deferred Action for Childhood Arrivals (DACA) Deferred action for child arrivals including Dreamers DHS Prosecutorial Discretion low priority for removal immigrants -- survivors, witnesses, parents, children, elderly, disabled Humanitarian detention release 08/06/2014 8

A Child s Trauma History Affects Best interests of the child determination The services the child needs The child s treatment needs Child s communication with and demeanor in court The type of placement or custody arrangement that is best for the child Importance of placing the child with non-abusive parent The child s need to travel to be raised abroad with their non-abusive immigrant parent who is removed from the U.S. 08/06/2014 9

Children and Asylum Protection International Refugee Protection & U.S. Asylum Law History and Context of Child Asylum Claims Procedural Protections for Child Applicants Evolving Interpretations of Refugee Law and Sensitivity to the Child s Voice, Context, and Perspective 08/06/2014 10

Refugee Convention: Definition of Refugee Under Article 1 of the UN Refugee Convention, a refugee is a person who: owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country An asylee is a person in the US who meets the definition of a refugee... ratifies 1967 Protocol to the Refugee Convention 08/06/2014 11

Asylum Elements 1) Suffered past persecution or have a well-founded fear of persecution 2) On account of 3) One of five protected grounds political opinion, race, nationality/ethnicity, religion, membership in a particular social group 4) Government in home country is causing the harm or is unwilling or unable to protect individual from the harm If all statutory eligibility is met, still need to show that an individual merits a favorable exercise of discretion 08/06/2014 12

Human Rights Treaties: Child Asylum Claims: History and Context Convention on the Elimination of Discrimination Against Women (CEDAW) (U.S. signs in 1980) Convention on the Rights of the Child (CRC) (U.S. signs in 1995) Gender Guidelines: Canada (1993), U.S. (1995) UNHCR Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees (2009) Legacy INS Guidelines for Children s Asylum Claims (1998) 08/06/2014 13

Child Asylum Claims: Procedural Protections UNHCR Handbook (1979, rev. 1992) UNHCR Guidelines on international protection of children (1994, 1997, 2009) U.S. Guidelines for Children s Asylum Claims (1998) Trafficking Victims Protection Reauthorization Act (2005) Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children (2007) Asylum Officer Basic Training Course, Guidelines for Children s Asylum Claims (2009) 08/06/2014 14

Evolving Legal Interpretations in Children s Claims Past Persecution: Level of Harm Well-Founded Fear: Subjective and Objective Factors Nexus: Importance of Context Grounds of Persecution Credibility and Corroboration 08/06/2014 15

Special Immigrant Juveniles State Court Judge s Role 08/06/2014 16

Special Immigrant Juvenile Status Jurisdiction over the care, custody or dependency of a minor child PLUS finding that reunification with at least one parent is not viable due to Abuse, abandonment, neglect VAWA 2005 Abuse includes battery AND NOT in the child s best interest to be returned to their home country 08/06/2014 17

Special Immigrant Juvenile Status Requires a dependency or custody order Making child a dependent on the juvenile court, OR Placing the child under the custody of a State agency or department An individual or entity appointed by the court (including placement with a non-abusive parent or relative), OR Guardianship, OR Adoption AND Juvenile must be under the age of 21 and unmarried 08/06/2014 18

Statutory Requirements Juvenile Court must retain jurisdiction until DHS has reached a final decision Risk of Aging Out 18 and 21 years old particularly vulnerable Marriage juvenile must remain unmarried Best Practice: Court provides information in juvenile court proceedings about SIJ status early in the proceedings 08/06/2014 19

3 Stages Stage 1- State Court Goal: Obtain order with required findings Stage 2 Juvenile files application with the Department of Homeland Security (DHS) Goal: Visa Approval Stage 3 File for Lawful Permanent Residency with DHS or Immigration Judge Goal: Legal Permanent Residency Status 08/06/2014 20

Individual in Whose Custody Child is Placed May be documented or undocumented Immigration status of the custodian only relevant to whether or not custodian can receive foster care payments Role of humanitarian release and prosecutorial discretion 08/06/2014 21

Range of Court Orders in Which Findings Can be Made Court order, finding, declaration Awarding custody or Any order involving placing a child with an Agency Department Individual Non abusive parent Grandparent Kinship care Other 08/06/2014 22

Types of proceedings SIJS findings Custody Divorce Legal Separation Motions for a declaratory judgment Dependency Materials: SIJS Examples Provided By Case - http://niwaplibrary.wcl.american.edu/reference/ additional-materials/materials-for-adjudicators- and-judges/tools-for-courts/family-law/sijs- Proceedings-Chart.pdf/view Delinquency Termination of parental rights Guardianship Paternity Child support Criminal cases 08/06/2014 23

Probate Children and Courts Guardianship cases can make SIJS findings Can place children without regard to the immigration status of the custodian or guardian DHS Parental Interest Directive Juvenile Court Immigration definition of criminal convictions Discovery and VAWA confidentiality Opportunities for juvenile to access treatment, services and state or federally funded benefits may vary Based on the immigration status of the child or their parents Child Abuse and Neglect Discovery and VAWA confidentiality Opportunities for juvenile to access treatment, services and state or federally funded benefits may vary Based on the immigration status of the child or their parents 24 08/06/2014 24

Custody, Divorce, Legal Separation Court finds abuse, neglect, abandonment, battering, or extreme cruelty by one parent Awards custody to the non-abusive parent Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 25

Civil Protection Orders Criminal offense required If child was a victim of any criminal offense = abuse Petitioner could be child or parent Child witnessed physical or sexual assault perpetrated by one parent against the other parent could find = neglect of child Petitioner is the child s parent 08/06/2014 26

Civil Protection Orders Continued Court includes a custody award in the civil protection order case to Non-abusive parent Family member (kinship care) Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 27

Sexual Assault Protection Orders Some jurisdictions can issue to under 21 year old immigrant children sexual assault protection orders If the order addresses custody or care of the sexually abused child and Abuse, neglect or abandonment by one or both parents Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 28

Child Support/Paternity Child support and/or paternity case brought by custodial parent or the state against noncustodial parent who Abandoned the immigrant child Includes children born of rape or incest Court makes custody determination as well Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 29

Child Abuse, Neglect, Termination of Parental Rights and Adoption Cases Court issues orders regarding child placement with Non abusive parent Any form of kinship care Foster care (option but no longer required) Court ordered placement required Settlements that avoid court ordered placement =no SIJS Makes findings that at least one parent has abused, abandoned or neglected the child Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 30

Guardianship Cases If the child subject to guardianship proceedings is an immigrant and Court finds abuse, abandonment or neglect by one or both parents Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 31

Juvenile Delinquency Proceedings Court issues orders confining an immigrant child including Juvenile detention Foster care Places the child under any form of court supervision including probation If the child experienced abuse, neglect, or abandonment by one or both parents Can add SIJS findings Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 32

Criminal Court Cases When a parent of an immigrant child is convicted in a criminal case of a crime committed against the child or the child s other parent What mechanisms could the criminal court use to address Child custody, placement SJIS findings 08/06/2014 33

Declaratory Judgments Juveniles under the age of majority Can obtain declaratory judgments containing SIJS findings Abuse, abandonment or neglect By one or both parents Reunification not viable with abusive parent Best interest of child not to be returned to country of origin or last residence 08/06/2014 34

What Children with SIJ Status Receive Protection from deportation and removal Legal permanent residency Government issued ID Legal work authorization Eligibility for driver s license As lawfully present children Health care Some may get benefits open to unaccompanied refugee minors Programs and services open to all undocumented persons Eligible for citizenship after five years SIJ s may NEVER file family petition for natural parents 08/06/2014 35

Essential SIJS Resources Immigrant Legal Resource Center Remedies for Immigrant Children and Youth Web page: https://www.ilrc.org/immigration_law/remedies_for_immigrant_children_and_youth.php Contains downloadable resources on immigration issues including guides for immigrant youth in English, Spanish and Korean and an immigration benchbook for Juvenile and Family Court judges. United States Conference of Catholic Bishops SIJS Caseworker s Toolkit for Children in Federal Custody: http://www.brycs.org/sijs/default.htm Contains downloadable resources regarding the SIJS process for children in federal custody. U.S. Committee for Refugees and Immigrants, Special Immigrant Juvenile Status Web page http://www.refugees.org/article.aspx?id=1559&subm=75&area=participate&ssm=118 Contains downloadable general resources on SIJS as well as links to state specific resources. Sonia Nazario, Enrique s Journey: The Story of a Boy s Dangerous Odyssey to Reunite with His Mother New York: Random House, 2006. www.enriquesjourney.com 08/06/2014 36

Carlotta Carlotta is 17. She has been arrested for theft and is in juvenile court proceedings. She ran away from home 2 months ago, but lived with her mom and step dad. Her father passed away when she was very young. Your find out her stepfather was verbally abusive to her and her mom, Maya. Could Carlotta be eligible for SIJS? What does she need to show? Are there any issues in her applying for SIJS? 08/06/2014 37

VAWA and the Court s Role 08/06/2014 38

VAWA Self-Petitioning Requirements Subjected to Battery or Extreme Cruelty By a U.S. Citizen or Permanent Resident Spouse/former spouse (can include undocumented children in DHS application) Parent/current step-parent Adult son/daughter (over 21) With Whom self-petitioner resided No time period required Good Moral Character Good Faith Marriage 08/06/2014 39

Carlotta and Maya Carlotta has told you her step father is verbally abusive to her and her mom. As she starts to trust you, she tells you that he has been physically abusive to her mom, Maya, for years, which one of the reasons she ran away. Neither have reported any of this to the police or any other authorities. Are Carlotta or Maya eligible for VAWA? What do you need to know to make sure? How would you get it? Are one of the cases stronger than the other? 08/06/2014 40

VAWA Self-Petitioning: Court s Role Providing information to litigants in family court and protection order court cases Issuing court orders with findings Of physical, sexual and emotional abuse of party and/or child About the existence of the parent/child or spousal relationship Orders granting custody and visitation Preserve federal VAWA confidentiality Do not grant discovery of VAWA confidentiality protected information 08/06/2014 41

U-Visa For Child Abuse Victims and Children of Crime Victims or Abused Parents 08/06/2014 42

The Crime Victim U-Visa: Requirements Victim of a qualifying criminal activity Has been, is being, or is likely to be helpful in Detection, investigation, prosecution, conviction, OR sentencing Suffered substantial physical or mental abuse as a result of the victimization Possesses information about the crime All or part of the criminal activity occurred in the U.S./violated U.S. law A U-visa certification signed by a government official must be included with the application 08/06/2014 43

U-Visa Criminal Activities Rape Torture Trafficking Incest Domestic violence Sexual assault Prostitution Female Genital Mutilation Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Involuntary servitude Slave trade Being held hostage Kidnapping Abduction Peonage False Imprisonment Obstruction of justice Perjury Attempt, conspiracy or solicitation to commit any of these crimes Any similar activity 08/06/2014 44

Who can certify? Police officer Prosecutor Judge Immigration Officer Other authority with responsibility for investigation or prosecution of criminal activity Adult/child protection worker EEOC, US Department of Labor State Departments of Labor University/Military Police 08/06/2014 45

The U-Visa Process Judge/Law Enforcement signs certification Child and/or child s parent filed U-visa application DHS adjudication grants/denies U-visa After 3 years can qualify for lawful permanent residence Can apply for citizenship 5 years after receiving lawful permanent residency Court s Role: Sign U-visa certifications for child victims and/or their parents Make findings about the criminal activity, injuries, helpfulness Inform litigants about the U-visa 08/06/2014 46

What the U-visa Certification Form Asks From a Certifier? What criminal activity occurred? Identify the victim Include any findings regarding injuries Helpfulness of the victim Current Past or Willingness to be helpful Any family members implicated in the crime 08/06/2014 47

U-visa Facts and Benefits Only 10,000 U-visas can be granted annually The U-visa grants a temporary 4 year stay Work authorization ( 6-7 months) Limited state benefits in a few states Lawful permanent residency after 3 years if Cooperation or not unreasonably refuse to cooperate + humanitarian need, family unity or public interest U.S. citizenship after 5 years of lawful permanent residency+ proof of good moral character 08/06/2014 48

Which U-Visa Recipients Can Obtain Lawful Permanent Residence? Did not unreasonably refuse to cooperate in the detection, investigation or prosecution of criminal activity; DHS determines whether the victim s noncooperation was unreasonable AND Humanitarian need; OR Family unity: OR Public Interest 08/06/2014 49

Carlotta As you meet more with Carlotta she tells you that her stepfather has made sexual advances towards her. It s the other reason she ran away from home 2 months ago. She says that he has tried to get into bed with her more than once, especially when he is drunk. She is afraid to tell her mom about this, but also fears for her younger sister. Because of her outcry CPS becomes involved. Does Carlotta qualify for a U Visa? What will she need? 08/06/2014 50

THE T VISA FOR HUMAN TRAFFICKING VICTIMS 08/06/2014 51

Requirements for a T visa Must be victim of a severe form of trafficking in persons Victim must be physically present in U.S., American Samoa, or Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of the trafficking Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking; OR Has not attained the age of 18; AND Would suffer extreme hardship involving unusual and severe harm upon removal 08/06/2014 52

A severe form of trafficking in persons means: Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or The recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. 08/06/2014 53

Force, Fraud, or Coercion Debt servitude Surveillance Physical barriers Threats to safety Physical isolation from protections Psychological isolation Threats to deport or contact law enforcement 08/06/2014 54

Human Trafficking simplified Process: Recruiting, Transporti ng, Obtaining, Moving Means: Force, Fraud, or Coercion End: Labor or Commercia l Sex 08/06/2014 55

T-visa Facts and Benefits 5,000 U-visas can be granted annually The T-visa grants a temporary 4 year stay to live and work in the U.S. Work authorization ( 6 months 2/2014) Adult: Can petition for victim s spouse/children Under 21 child: Can petition spouse, children, parents + siblings under 18 Family members can include their children Lawful permanent residency after 3 years U.S. citizenship after 5 years of lawful permanent residency+ proof of good moral character 08/06/2014 56

Carlotta When Carlotta ran away from home, she met some people who offered her a job giving massages at a salon. They promised to train her and then pay her $15/hour. She completed a short training on massages and then started working only to find out that she had to give massages topless. She refused, but was told that she owed money for her training. When Carlotta said she as going to just leave, she was threatened. She stayed for 2 months, but in the end decided to run. She was arrested when she tried to shoplift a candy bar because she was hungry at a convenience store. Does Carlotta qualify for a T visa? Are there any issues with a potential T visa case? 08/06/2014 57

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) 08/06/2014 58

Temporary protections for immigrants who entered US as children Came to the United States under the age of sixteen prior to June 15, 2007 Has resided in the United States since June 15, 2007 Was not in lawful status on June 15, 2012 and was present in the US Is currently in school, has graduated from high school or has a GED (or is enrolled in a GED program), is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; Has not been convicted of a felony offense, a significant misdemeanor offense, three or more misdemeanor offenses, or otherwise poses a threat to national security or public safety; and Is not above the age of thirty one as of June 15, 2012 08/06/2014 59

DACA & Driver s Licenses 45 states have policies or regulations that allow DACA recipients to obtain drivers licenses, subject to certain conditions AL, AR, CA, CO, CT, DE, DC, FL, GA, HI, IL, IN, ID, IW, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WY Some of these states also allow other deferred action recipients to obtain licenses, or provide licenses regardless of immigration status The most important condition which most states require is a social security number SSNs are provided to immigrants when they obtain work authorization 08/06/2014 60

Benefits to DACA Protection from deportation for two years with the potential for renewal Work authorization Individual will not accrue unlawful presence during the period of deferred action Approval and work authorization typically take 4-6 months 08/06/2014 61

Drawbacks to DACA Only offers temporary relief with no pathway towards permanent residency Can be revoked at any time, for any reason, and is not appealable if denied Denials could result in an individual s referral to ICE for initiation of removal proceedings Applicants lose eligibility for DACA if they leave the U.S. after August 15, 2012 and before DACA application is approved; additionally, all those who wish to travel with DACA must apply for advance parole to re-enter the U.S. Recipients cannot sponsor family members for deferred action immigration relief No grant access to public benefits or federal educational financial aid 08/06/2014 62

After DACA Although DACA affords many opportunities to certain immigrants, it does not provide eligibility to attend college or university or to apply for government assistance for post-secondary education In order to achieve post-secondary education goals, DACA immigrants must either apply for other pathways to immigration relief, subject to each applicant s specific circumstances or search for immigrant-friendly scholarship and loans 08/06/2014 63

Help Needed for DACA Children Distribute information about crime victim related relief Safely screen for eligibility Connect to resources and trained agencies who can help children and youth file NIWAP Directory 08/06/2014 64

VAWA Self-Petition Abuser: spouse, former spouse, parent, 21+ USC child Abuser USC or LPR Children included No cooperation with law enforcement required No proof of harm Criminal involvement can cut off access to relief Qualified immigrant = public benefits One year wait for work authorization Protection from deportation for 1 year Green card after approval if abuser is a citizen, or 3+ years wait if abuser is LPR based on visa availability VAWA vs. U-visa U-visa Abuser: anyone Any status Children included Cooperation in detection, investigation or prosecution required Substantial physical or emotional abuse Crimes can be waived PRUCOL less benefits access One year wait for work authorization If in immigration proceedings, case expedited Green card after 3 years if can show cooperation + either humanitarian need, public interest or family unity 08/06/2014 65

U Visa vs. SIJS U Visa Cannot file for immigration relief for abusive parent (if criminal activity is DV) Abuse or battering or extreme cruelty by DHS No findings regarding viability of reunification Less family law implications Can eventually apply for LPR status (after 3 years) SIJS Cannot file for immigration relief for abusive parent Abuse, abandonment, neglect by family court Can include extreme cruelty Requires finding that reunification not viable Greater family law implications Can apply for LPR status with approved SIJS 08/06/2014 66

SIJS vs. T Visa SIJS Only available up to age 21 Can t include family members Do not have to report to Law Enforcement or involve Law Enforcement T Visa If under 18 no need to comply with Law Enforcement requests Better access to public benefits 08/06/2014 67

DACA No abuse Temporary relief. Cannot pass on benefits to parents or other family members Work authorization and deferred action status for 2 years Driver s license No family law implications Benefits: Limited no path to permanent status DACA vs. SIJS SIJS Could eventually file for nonabusive parent depending on the type of status Cannot file for immigration relief for abusive parent Abuse, abandonment, neglect finding by family court Requires finding that reunification not viable Work authorization and driver s license Benefits: Can apply for lawful permanent resident 08/06/2014 68

BRAINSTORM ACTIVITY Compare all the forms of relief that we have discussed. What are the drawbacks and benefits of each and what do you think is her best form of relief? 08/06/2014 69

Special Custody Issues When Immigrant Parents Are Detained 08/06/2014 70

Emerging Trend: Termination of Parental Rights of Immigrant Parents Immigration enforcement against an immigrant parent can lead to loss of child and placement in foster care Loss of child when immigrant parent seeks services Example: Hospitals Many case problems are compounded by hospitals, police, child protective services and courts not providing Meaningful language access Recent letter from Attorney General Eric Holder to Courts on language access to courts 08/06/2014 71

How Immigrant Parents End Up In DHS Custody Abusers/crime perpetrators report them Employers or co-workers report them Traffic stops Immigration enforcement at the worksite Reports by CPS, welfare workers, health care providers, others Victims call the police for help and police Make a dual arrest Arrest the victim Language access issues Secure Communities program leads to reporting all arrested persons to DHS 08/06/2014 72

Immigrant Parents Constitutional Right to Custody of Their Children Constitution right to custody absent finding of unfitness Overriding presumption that parent/child relationship is constitutionally protected and In child s best interest to stay with/be reunited with their parent Applies to all families without regard to Immigration status; and Whether or not the parent is In immigration detention or deported Undocumented parent can execute a Power of Attorney Child s best interests not comparison of natural vs. adoptive parent s cultures, countries, or financial means 08/06/2014 73

Challenges of Reunification for Immigrant Parents and Victims Lack of language access to system Lack of consular notification Lack of information about immigrant parent victim s legal rights Limited or lack of eligibility for public-funded services Limited timeframe for filing termination of parental rights (TPR) petitions under the Adoption and Safe Families Act conflict with immigration case time frames DHS not bringing immigrants in custody to family courts unfamiliar with new DHS policies 08/06/2014 74

Technical Assistance and Materials Power Point presentations and materials for this conference at www.niwa.org/go/nola NIWAP Technical Assistance: Call (202)274-4457 E-mail niwap@wcl.american.edu Web library: www.niwaplibrary.wcl.american.edu 08/06/2014 75

Questions 08/06/2014 76

Evaluations 08/06/2014 77

Thank you! 08/06/2014 78