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Workshop 2.4 Presenters Pathways to Freedom: Finding Hope through Immigration Assistance 1:45 2:45 p.m. Mario Gonzalez, Program Manager Centro La Familia Advocacy, Inc. 3/29/2017 2
Workshop Description This session will provide an in-depth overview into immigration relief Pathways to Freedom: Finding Hope through Immigration Assistance for non-citizen victims of labor/sex trafficking. Participants will be educated on available provisions of Continued Presence (CP), T- Visas, U-Visas and asylum. Q & A will allow participants to engage legal experts in discussion on case studies to address unique vulnerabilities and barriers involved in serving non-citizen clients (Recommended for participants who attended Workshop 1.3 Investigative Trends in Labor Trafficking) 3/29/2017 3
Workshop Objectives Participants will understand the central legal provisions of CP, T- Visas, U-Visas and asylum Pathways to Freedom: Finding Hope through Immigration Assistance Participants will be aware of complexities and barriers which face non-citizen victims/survivors. Participants will be informed of available community resources. 3/29/2017 4
Pathways to Freedom: Finding Hope through Immigration Assistance CLFA is a non profit organization helping low income families in the Fresno County area since 1972. To empower low-income people to access life-sustaining resources 3/29/2017 5
Our Services Assistance Click to edit to Victims Master of text Crime styles Human Second Trafficking, level Domestic Violence, Third and level Sexual Assault to citizen and non-citizen victims Counseling Individual, Family, Adolescent, Children Sexual Assault Education and Support Mental Health Support Groups, Education and Advocacy Fee Based Immigration Services Parenting Programs Court Mandated Classes- English and Spanish Huron and Mendota Health Insurance Enrollment All Ages 3/29/2017 6 Telecommunication Education and Intervention Lead Poisoning Education Building Healthy Communities
Population: Victims & Potential Witnesses of Human Trafficking Requirements: Should be initiated immediately upon identification of an HT victim Can only Third be submitted level and evaluated by federal law enforcement officials and their agency Facts: Approval of CP is not dependent on victim cooperativeness, or the initiation of prosecution BUT it can be revoked later victim if is no longer considered a potential witness CP can be renewed on a 1 year increment at federal LEA s discretion Provisions: Allows for victim/potential witness to temporarily remain in the U.S. Authorized Employment Authorization for a period of 1 year Recipients can travel within the U.S. Recipients may have family members join them in the U.S (at the discretion of federal law enforcement official and/or agency) 7 3/29/2017 7 Continued Presence (CP)
Population: Click to edit Nonimmigrant Master text Victims stylesof Human Trafficking Basic Requirements: Must be Third a victim level of "severe trafficking" in persons; Must be physically present in the United States; Comply with any reasonable request from law enforcement to aid in the investigation Immigration Relief Services: T-VISA and prosecution of the case Unless under the age of 18, or unable to cooperate due to physical or psychological trauma Demonstrate extreme hardship involving unusual and severe harm Provisions: Allows recipient to remain in the U.S. for a period of 3 years Apply to permanent residency after 3 years (if applicable) Certain qualifying family members (spouse, children, parents and or unmarried children) may be eligible as a derivative of the T visa. 3/29/2017 8 8
Population: Click to edit Nonimmigrant Master text Victims styles of Crimes Requirements: Immigration Relief Services: U VISA Suffered substantial physical or mental abuse as a result of having been a victim of a qualifying Third crime/criminal level activity The crime violated Fourth level the laws of the U.S. or occurred in the U.S. Victim cooperated, Fifth is level willing to cooperate, or is cooperating with the criminal justice system If victim is under age16, the parent, guardian or next friend of the child) possesses information concerning that criminal activity Signed I-918 Supplement B, U Visa Certification Provisions: Allows recipient to remain in the U.S. for a period of 4 years Apply to permanent residency after 3 years (if applicable) Certain qualifying family members (spouse, children, parents and or unmarried children) may be eligible as derivatives 3/29/2017 9 9
Qualifying Criminal Activities: rape torture trafficking incest domestic violence sexual assault abusive sexual contact prostitution sexual exploitation female genital mutilation being held hostage peonage involuntary servitude slave trade kidnapping abduction unlawful criminal restraint Or attempt, conspiracy, or solicitation to commit any of the abovementioned crimes, or any similar activity in violation of federal, state or local criminal law. 10 3/29/2017 10 false imprisonment blackmail extortion manslaughter murder felonious assault witness tampering obstruction of justice perjury
VAWA Population: Click to edit Battered Master Spouse, text styles Children & Parents Qualifying Second relationships level Spouse Third of LPR/USC level Spouse Good faith Fourth marriage level Death/Divorce Fifth 2 years level prior to filing LPR/USC Abuser renounced legal status due to abuse Child of LPR/USC Parent (Step and/or Adopted) Abusive LPR/USC renounced legal status due to abuse Parent of LPR/USC Son/Daughter Abusive son/daughter is at least 21 when petition is filed Died 2 years prior to filing General requirements: Suffered battery/extreme cruelty by the LPR/USC Resided with the abuser Good moral character Child under 14 is presumed a person of good moral character Provisions: Approved I-360 allows: Recipient can apply for Employment Authorization If abuser is LPR, recipient must wait for priority date to apply for green card If abuser is USC, recipient can LPR/USC Abuser renounced legal status 3/29/2017 due to abuse 11 immediately apply for green card
NON-CITIZEN VICTIM BENEFITS Effective January 1, 2007, California State Bill 1569 allowed noncitizens who are victims of human trafficking, domestic violence, and other serious crimes to be eligible for state and local benefits and social services programs such as: Refugee Cash Assistance (RCA) California Food Assistance Program (CFAP) CalWORKS Cash Assistance Program for Immigrants (CAPI) In-Home Support Services (IHSS) Employment Social Services Medi-Cal General Assistance (GA) State Food Stamps and Healthy Families Thus allowing them to empower them to life sustaining resources so that they could overcome their hardships. 3/29/2017 12 12
Asylum-Who Qualifies? Race/nationality: can mean your ethnicity, smaller minority subgroup, or the country that you are from or your parents were from. It can apply if you are of mixed-race. It can be based on your actual race/nationality Second or level perceived race/nationality. Religion: can mean your actual religion, imputed religion, because you did not practice a certain religion or are not religious. Political opinion: It can refer to your involvement in a political party, community organization, or some other expression of an opinion that you held (or persecutor believed you to hold). Membership in a particular social group: It means you can be identified as a member of a group of people who are affiliated by some common trait or association. Examples are families, women or children subject to domestic violence, LGBT individuals, witnesses, police officers. Torture Convention: refers to any acts that cause pain or suffering that are intentionally afflicted against a person for any reason with the knowledge or consent of a public official. Most people who qualify for asylum also qualify for protection under the Torture Convention. Asylum law allows you to check as many boxes as you think may apply to you. There is no penalty to checking 3/29/2017 boxes that the judge later decides do not apply to you. 13
Asylum Click Harm to edit Master text styles Can mean physical harm or threats Second to you, your level family, or your property or other Third things level of value to you; rape; verbal abuse; discrimination; harassment; Fourth denial level of medical care, education, or Fifth other levelbasic rights; arrests or convictions; extortion; detention. It can include any treatment that was offensive to you. Can include more than one type of harm, or harm by more than one person, or harm for different reasons. The judge will consider all the harms separately and together. Torture Torture may include any harm that is very harsh or severe. The judge will decide if your harm was bad enough to be called torture. 3/29/2017 14
Click to edit Master Cultural title styleconsiderations: Beliefs and Customs Important Third values level such as religious beliefs, customs, family unity, social structure and family privacy Victims need to be secure and safe before they can begin the healing process- The cultural dynamics of women and families need to be taken into account to prevent re-victimization 3/29/2017 15
Cultural Considerations: Language Limited Click to English edit Master Proficiency text styles (LEP) Language barriers prevent effective communication An organization needs bilingual/bicultural staff members Lack of linguistically appropriate material Existing material for victims is not translated or is poorly translated Does not provide adequate information about existing services or the rights of a victim All material(s) a victim signs must be in their language What does culturally appropriate material look like? Images don t represent the targeted community 3/29/2017 16
Immigration status can hinder delivery of service Cultural Considerations: Immigration Status & Law Enforcement A victim may Fourth believe level they cannot report the crime because they do not have legal status The perpetrator uses this as a form of power and control Mistrust of Law Enforcement Victims believe that law enforcement cannot help or will not help They have had bad encounters with law enforcement in their home country 3/29/2017 17
Click to edit Master Cultural title styleconsiderations: Non-Citizen Victims and family dynamics Important Third values level such as religious beliefs, customs, family unity, social structure and family privacy need to be addressed for services to be successfully accepted and cooperation to be secured. Victims find it difficult to prosecute when their principal concern/value isn t adequately addressed Misplaced values may be an impediment to secure their own or children s safety 3/29/2017 18 18
Click to edit Master title Cultural styleconsiderations: Limited Language and Cultural Proficiency Affect effective Fourth communication level (e.g. Spanish, Hmong, English, Sign Language, etc.) Lack of knowledge of systems and protocols Filing a crime report Due process and criminal investigation CPS Process Protective Services Non-Citizen Victims and family dynamics 3/29/2017 19 19
Click to edit Master title Cultural styleconsiderations: Lack Click of to Knowledge edit Master regarding text styles Immigration Rights Fear Second of Deportation, level Separation, or Incarceration for reporting a crime Immigration Reliefs Distrust of Law Enforcement Immigration Status & Law Enforcement Prior negative experiences & biases Victims believe that law enforcement cannot help or will not help 3/29/2017 20 20
Pathways to Freedom: Finding Hope through Immigration Assistance What can I do? 3/29/2017 21 21
LEARN MORE Research and share knowledge Know your strengths & limitations to assist victims Know local resources and the National Human Trafficking Hotline 1-888-373-7888 TEXT HELP TO BEFREE humantraffickinghotline.org Pathways to Freedom: Finding Hope through Immigration Assistance SPREAD THE WORD In your school, work, among family and friends Raise awareness through social media 3/29/2017 22 22
Pathways to Freedom: Finding Hope through Immigration Assistance BE ENGAGED Be involved, invested in the community you are in Raise awareness with key local stake holders TAKE ACTION Volunteer with a local organization Participate at functions (walks/runs, fundraisers, buy free-trade) Support local, state, federal initiatives Follow/Like us on Facebook, Instagram & YouTube 3/29/2017 23 23
Pathways to Freedom: Finding Hope through Immigration Assistance 302 Fresno St. Suite 102 Fresno, CA 93706 Phone : (559) 237-2961 Fax : (559) 237 2968 Toll Free : 1-877-294-3772 www.centrolafamilia.org 3/29/2017 24