Immigrant Issues in Child Immigrant Issues in Child WelfareWelfare

►Overview of Immigration StatusOverview of Immigration Status►Definition of TermsDefinition of Terms►Assessment of Immigration StatusAssessment of Immigration Status

HOMELAND SECURITY ACT OF HOMELAND SECURITY ACT OF 20022002

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY (DHS)SECURITY (DHS)

►Directorate of Border and Directorate of Border and Transportation Transportation SecuritySecurity►Customs and Border ProtectionCustoms and Border Protection►Immigration and Customs Immigration and Customs EnforcementEnforcement►United States Citizenship and United States Citizenship and Immigration ServicesImmigration Services

U.S. Citizenship and Immigration U.S. Citizenship and Immigration Services (USCIS)Services (USCIS)

►Governs all aspects of immigration and Governs all aspects of immigration and citizenship issuescitizenship issues

►Replaced the responsibilities of the Replaced the responsibilities of the Immigration and Naturalization Service Immigration and Naturalization Service (INS)(INS)

www.uscis.govwww.uscis.gov

An “Alien” Is:An “Alien” Is:

►Any person who is not a citizen of the Any person who is not a citizen of the United StatesUnited States

►Any person who is present in the Any person who is present in the United States without the legal right to United States without the legal right to be here (undocumented alien)be here (undocumented alien)

►Any non-citizen legally present in the Any non-citizen legally present in the United States as either an immigrant United States as either an immigrant or a nonimmigrant visa holderor a nonimmigrant visa holder

Proof of Legal StatusProof of Legal Status

►Birth certificateBirth certificate►Naturalization documentsNaturalization documents►Alien Registration card – aka a “green Alien Registration card – aka a “green

card”card”►Passport – if foreign it will have a Passport – if foreign it will have a

current visa stamp identifying type of current visa stamp identifying type of non-immigrant status non-immigrant status

Immigrant vs. Non-ImmigrantImmigrant vs. Non-Immigrant

► Immigrant status allows permanent Immigrant status allows permanent residence in the United States – you residence in the United States – you can live and work here indefinitelycan live and work here indefinitely

►Non-immigrant status allows temporary Non-immigrant status allows temporary and conditional presence in the United and conditional presence in the United States – you can visit, study, States – you can visit, study, sometimes work but you do not intend sometimes work but you do not intend to stay permanentlyto stay permanently

► www.thenyic.orgwww.thenyic.org

Family-Sponsored Family-Sponsored ImmigrationImmigration

►Who can petition?Who can petition? US citizens – can petition for spouses, US citizens – can petition for spouses,

children, parents, siblingschildren, parents, siblings LPRs – can petition for spouses and LPRs – can petition for spouses and

unmarried childrenunmarried children

►Annual ceilings and caps apply limiting Annual ceilings and caps apply limiting the total number of immigrants based the total number of immigrants based on family sponsorshipon family sponsorship

Other Common Immigrant Other Common Immigrant StatusesStatuses

► Parolees – Individuals granted permission to Parolees – Individuals granted permission to stay in the US until their status is determined.stay in the US until their status is determined.

► Refugees – Status conferred by UN; Refugees – Status conferred by UN; recognized by US; capped immigrationrecognized by US; capped immigration

► Asylees – Individuals fleeing persecutionAsylees – Individuals fleeing persecution► Cuban/Haitian EntrantsCuban/Haitian Entrants► AmerasiansAmerasians► Victims of Trafficking or TortureVictims of Trafficking or Torture► Undocumented Minors in Federal CustodyUndocumented Minors in Federal Custody

Unaccompanied Alien Unaccompanied Alien ChildrenChildren

►Minors (under the age of 18) who are Minors (under the age of 18) who are apprehended attempting to cross the border or apprehended attempting to cross the border or already in the U.S.already in the U.S.

► Under certain circumstances they are eligible Under certain circumstances they are eligible for services under the Department of Health for services under the Department of Health and Human Services – Office of Refugee and Human Services – Office of Refugee Resettlement through the Division of Resettlement through the Division of Unaccompanied Children’s program (DUCS)Unaccompanied Children’s program (DUCS)

►DUCS shelters are federally run group DUCS shelters are federally run group residences; 39 across the countryresidences; 39 across the country

► Stay until disposition of immigration Stay until disposition of immigration proceedings; sometimes until reunification with proceedings; sometimes until reunification with familyfamily

Unaccompanied Alien Unaccompanied Alien ChildrenChildren

►Eligibility for ORR services:Eligibility for ORR services: www.acf.hhs.gov/programs/orr/programs/i

ndex.htm www.acf.hhs.gov/programs/orr/geninfo/in

dex.htm

ResourcesResources

► Information about Refugees, Asylees, Information about Refugees, Asylees, Trafficking Victims and Undocumented Trafficking Victims and Undocumented Minors in Federal CustodyMinors in Federal Custody Refugees/asylees: Refugees/asylees:

www.immigrationforum.org/pubs/articles/refugeesasylees.htm

Trafficking victims:Trafficking victims:►Call: ORR: 202-401-4631Call: ORR: 202-401-4631

Undocumented Minor:Undocumented Minor:►Call: ORR: 202-401-5709Call: ORR: 202-401-5709

Undocumented PersonsUndocumented Persons

► Individuals who have overstayed their visaIndividuals who have overstayed their visa

OROR

►EWI – Entered Without Inspection – they EWI – Entered Without Inspection – they crossed the border without being stopped crossed the border without being stopped by customs officials or border patrol by customs officials or border patrol officersofficers

PRUCOLPRUCOL

►Person Residing Under Color of LawPerson Residing Under Color of Law►An individual who lacks lawful immigration An individual who lacks lawful immigration

statusstatus►USCIS is aware of their presenceUSCIS is aware of their presence►USCIS has not made an effort to deport themUSCIS has not made an effort to deport them►They may be entitled to some public benefits if They may be entitled to some public benefits if

they can prove their statusthey can prove their status

►Note: This is a VERY grey area of the law; Note: This is a VERY grey area of the law; always refer such an individual to qualified always refer such an individual to qualified immigration experts for assistance and adviceimmigration experts for assistance and advice

Assessing Immigration StatusAssessing Immigration Status

► Is not simply a matter of “legal” vs. Is not simply a matter of “legal” vs. “illegal”“illegal”

►USCIS is responsible to determine USCIS is responsible to determine whether someone is here legally or notwhether someone is here legally or not

►Status affects access to entitlements, Status affects access to entitlements, services and benefitsservices and benefits

Assessing Immigration StatusAssessing Immigration Status

►LPRs, Refugees and asylees – usually LPRs, Refugees and asylees – usually know their status and can tell you; they know their status and can tell you; they may be involved with an ORR-contracted may be involved with an ORR-contracted agencyagency

►Documents – familiarity with what they Documents – familiarity with what they look like and what to look forlook like and what to look for

►Living conditions, work, presence of Living conditions, work, presence of relativesrelatives

►ConfidentialityConfidentiality►Referral to legal resourcesReferral to legal resources

1996 PRWORA1996 PRWORA

►Established restrictions on eligibility of Established restrictions on eligibility of legal immigrants to federally funded legal immigrants to federally funded programsprograms

►Created categories of “Qualified Alien” Created categories of “Qualified Alien” and “Unqualified Alien”and “Unqualified Alien” Five year bar for legal immigrants’ access to Five year bar for legal immigrants’ access to

certain programs (SSI, Food Stamps, certain programs (SSI, Food Stamps, Medicaid, TANF)Medicaid, TANF)

Allowed states broader flexibility in setting Allowed states broader flexibility in setting public benefit eligibility rules to both federal public benefit eligibility rules to both federal and state programsand state programs

1996 IIRIRA (Illegal Immigration 1996 IIRIRA (Illegal Immigration Reform and Immigrant Reform and Immigrant

Responsibility Act)Responsibility Act)►Established requirement for proof of Established requirement for proof of

citizenship for federal benefitscitizenship for federal benefits►Provided for verification of immigration Provided for verification of immigration

statusstatus►Allowed denial of entry to those who are Allowed denial of entry to those who are

deemed potentially a ‘public charge’deemed potentially a ‘public charge’ Exempted illegal aliens who are DV victims from Exempted illegal aliens who are DV victims from

being denied public benefitsbeing denied public benefits Exempted nonprofit organizations from verifying Exempted nonprofit organizations from verifying

immigration status for eligibility for servicesimmigration status for eligibility for services

1996 AEDPA (Antiterrorism 1996 AEDPA (Antiterrorism and Effective Death Penalty and Effective Death Penalty

Act)Act)►Expedited procedures for removal of Expedited procedures for removal of

those deemed “alien terrorists”those deemed “alien terrorists”►Established procedures to exclude Established procedures to exclude

those deemed members of terrorist those deemed members of terrorist organizations from entry into the USorganizations from entry into the US

►Expedited asylum proceedingsExpedited asylum proceedings

Immigration Status Affects Immigration Status Affects Individuals in Many Ways:Individuals in Many Ways:

It can:It can:► Create fear of deportationCreate fear of deportation► Instill fear of separation from children/spousesInstill fear of separation from children/spouses► Subject individuals to job exploitationSubject individuals to job exploitation► Allow for substantard or dangerous housingAllow for substantard or dangerous housing► Force individuals to stay in abusive Force individuals to stay in abusive

relationshipsrelationships► Prevent individuals from seeking help when Prevent individuals from seeking help when

they need itthey need it► Prevent individuals from reporting criminal Prevent individuals from reporting criminal

activitiesactivities

Immigration Status and Children Immigration Status and Children Involved with Child WelfareInvolved with Child Welfare

►Foster care: eligible for all services; if Foster care: eligible for all services; if undocumented may be eligible for SIJSundocumented may be eligible for SIJS

►Adoption: adoption does not Adoption: adoption does not automatically change immigration status; automatically change immigration status; must be addressed separatelymust be addressed separately

►Preventive Services: eligible for services Preventive Services: eligible for services that are not federally funded if that are not federally funded if undocumentedundocumented

►Protective Services: eligible for all Protective Services: eligible for all services regardless of immigration status services regardless of immigration status