MVLC BROWN BAG CLEKNOW YOUR IMMIGRATION RIGHTS

PRESENTED BY: MICHELLE VELASQUEZ

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IMMIGRATION AND THE MVLC¡ Immigration in the News

¡ Travel Ban/Restrictions in early 2017

¡ Rescission of DACA in September 2017

¡ Wednesdays at United Community Center (730 W. Washington) from 5-7PM

¡ 1-2 immigration attorneys available

¡ 2016: approx. 100 immigration clients served – average of 8 per month

¡ 2017: already over the number served in prior year – average of 12 per month

¡ Non-immigration clients have legal issues impacted by immigration laws and their immigration status.

¡ Family – Power of Attorney Delegating Parental Authority

¡ Employment – Injured at Work, Working Under Different Name

GOALS OF TODAY’S PRESENTATION

Learn About:

• Different Immigration Statuses

• What Rights Immigrants Have Regardless of Status

• What Advice to Give

• Current Enforcement

• Local Resources

TYPES OF IMMIGRATION STATUSES

¡ The type of visa is determined by the purpose of travel to the United States.

¡ An immigrant visa is issued to a person wishing to live permanently in the U.S.

¡ A nonimmigrant visa is issued to a person with permanent residence outside the UnitedStates, but wishes to be in the U.S. on a temporary basis for tourism, medical treatment,business, temporary work or study, as examples.

¡ Immigration and Nationality Act 101.15 provides the classifications of Non-Immigrant Visas.

¡ Undocumented Immigrant is a person who entered the U.S. without Inspection (EWI).

¡ Refugee: form of protection that may be granted to people who meet the definition ofrefugee and who are of humanitarian concern. Generally they are living outside of their owncountry and are unable or unwilling to return home because of a serious threat of harm ordeath. INA 101(a)(42)

IMMIGRATION STATUSES CONTINUED¡ Asylum: status sought while entering or already living in the U.S. Asylum is granted to those who have

a fear of persecution on account of race, religion, nationality, membership in a particular social group,or political opinion.

¡ Lawful Permanent Resident: green card often through family based petitions.

¡ Deferred Action for Childhood Arrivals (DACA): deferred from removal, allows recipients workauthorization.

¡ U-Visa: visa for certain victims of crime.

¡ T-Visa: visa for trafficking victims, sex and labor trafficking.

¡ Temporary Protected Status (TPS): for citizens of designated countries due to conditions thattemporarily prevent them from returning safely, or in certain circumstances, where the country isunable to handle the return of its nationals adequately. Examples of situations where a country isdesignated are ongoing armed conflict, environmental disaster, epidemic, or other extraordinarycondition.

WHO IS AT RISK FOR REMOVAL?

¡ Anyone who is not a U.S. citizen is subject to removal. This includes people with lawfulpermanent resident status.

¡ The length of time a person has lived in the United States does not exempt them from beingremoved.

¡ There are different laws that apply to permanent residents vs. non-permanent residents.

¡ Entry without inspection (EWI) is a ground of deportation, regardless of criminal record.

¡ Immigrants with criminal convictions even if considered minor.

¡ Immigrants who are arrested and booked into jail, but have not yet been convicted.

IMMIGRATION AGENCIES

DEPARTMENT OF HOMELAND SECURITY

ENFORCEMENT

IMMIGRATION AND CUSTOMS ENFORCEMENT

(ICE)

CUSTOMS AND BORDER PATROL

(CBP)

SERVICE

U.S. CITIZENSHIP & IMMIGRATION

SERVICES

WHAT RIGHTS DO IMMIGRANTS HAVE?¡ TheConstitutionprotectsallpeopleintheUnitedStates,regardlessofimmigrationstatus.

¡ The4th Amendmentappliestonon-citizensthesameascitizensintheirhomes,public,andplacesofemployment.

¡ However,itisimportanttonotethatrightsattheborderoratanairportaredifferent.

¡ Underthe6th Amendment,non-citizenswhohavecriminalcases/convictionshavetherighttoadviceandinformationabouttheimmigrationconsequencesoftheconviction.SeePadillavs.Kentucky,559U.S.356(2010)

¡ The5th Amendmentappliestonon-citizensandtheydonothavetoanswerquestionsaboutimmigrationstatus.

WHAT RIGHTS DO IMMIGRANTS HAVE AT AN AIRPORT OR BORDER?

¡ Customsofficershavetherighttostop,detain,andsearchanypersonoritem.

¡ Astop,however,cannotbebasedonrace,gender,religious,orethnicbackground.

¡ Lawenforcementofficersatairports CANaskaboutimmigrationstatus.

¡ Non-citizensdoNOThavetherighttoalawyerifdetainedforalongerinterviewattheborderorinanairport,aslongasthequestioningpertainstoimmigration.

¡ Ifanofficerrefusesentryandapersonhasafearoftortureorpersecutionintheirhomecountry,theycantelltheofficertheywishtoclaimasylum.

WHAT ADVICE SHOULD WE GIVE MVLC CLIENTS ABOUT ICE COMING TO THEIR HOME?

¡ DO NOT open the door unless there is a validsearch warrant signed by a judge.

¡ Ask what agency they are from and if there is awarrant. Ask the warrant be slid under the door.

¡ An ICE deportation warrant is not the same as asearch warrant. The ICE warrant will authorizearrest, but not a search.

¡ Clients have the right to remain silent and DONOT have to answer questions about where theywere born or how they entered the United States.

¡ Assert the right to remain silent out loud.

WHAT TO ADVISE IF ICE COMES TO PLACE OF WORK?

¡ ICE must have a warrant or permission from employer to enter place of employment.

¡ DO NOT run away or panic – this may give officers authority to make an arrest.

¡ Client has the right to remain silent. Theydo not have to speak to immigration authorities oranswer any questions. They have the right to refuse to answer questions about where theywere born, immigration status, or how they entered the United States.

¡ Assert the right to remain silent out loud.

¡ DO NOT show any false documents or lie.

¡ If asked to stand in a group according to immigration status, a client does not have to moveor can move to an area that is not designated for a particular group.

WHAT IF SOMEONE IS DETAINED OR TAKEN INTO CUSTODY?

¡ If someone is taken into custody or detained, they have the right to contact a lawyer.

¡ There is no right to have an attorney provided.

¡ If the person already has an attorney, they should give that person’s information to theofficer.

¡ If they do not already have a lawyer, they should ask for a list of pro bono lawyers.

¡ They have a right to contact their consulate.

¡ They should refuse to sign any and all paperwork until there has been an opportunity toconsult a lawyer.

¡ Advise clients that they should not sign anything that they don’t understand.

WHAT CAN CLIENTS DO TO PROTECT THEMSELVES?KnowYourLegalOptions.Legalscreeningsarecritical.

¡ Many undocumentedimmigrants,includingDACArecipients,maybeeligibleforpermanentimmigrationstatussuchas:

• Victimsofcrimes

• Peopleafraidtoreturntotheirhomecountriesduetopersecutionortorture,includingindividualswhoidentifyasLGBT

• Minorswhohavebeenabandoned,abused,orneglectedbyoneorbothoftheirparents

• Traffickingvictims

• Victimsofdomesticviolence

• Greencard/lawfulpermanentresidencethroughafamilymemberorbasedonemployment

• Otherformsofreliefthatonlyanattorneywillrecognize

CLIENT PROTECTING THEMSELF, CONTINUED

¡ Consult a qualified attorney or BIA-accredited representative: If a client is placed indeportation proceedings, they have a right to hire an attorney, but the government will notprovide a free attorney for them. This includes minors.

¡ Beware of notaries or bad attorneys making false promises: Some individuals may try totake advantage. Seek legal consultations from reputable organizations and attorneys

¡ Do not sign an immigration document without legal advice: Individuals have a right to seeklegal advice and understand the document before signing it. Do not let anyone force them tosign a document, especially a deportation order.

ADVANCE PLANNING• Choosearesponsiblepersonforthecareofchildrenandfinances.

– PowerofAttorneydocuments:MVLC/MexicanConsulate.

– Letterkeptwithimportantdocumentsindicatingexactlywhataclientwantstohappenandwhotheydesignate.

• Haveaplaninwritingandmakesurefamilyknowsit.

– Whatisplanincaseclientorlovedoneisindetention/deported?

• HavedocumentsreadyANDinasafeplace.

– Passport,birthcertificates,medicalrecords.

• Carryalistofimportantphonenumbers,includingforconsulate.Ifclienthasalawyer,haveasignedG-28form.

• Ifclientisinprocessofapplyingforanimmigrationbenefit,askalawyertopreparealetterexplainingthat.

• MemorizeA-Number.Theclient’sfamilyandlawyerwillneedthattolocatethem.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS

¡ What is DACA?

¡ DACA is a use of prosecutorial discretion to defer any removal action for individualswho arrived in the United States as children and meet specific criteria.

¡ It does not provide any lawful status and it is not a pathway to obtaining residency orcitizenship.

¡ It permits the recipient to remain in the U.S. for a period of two years, subject torenewal, and allows work authorization and a driver’s license.

WHAT ARE THE CRITERIA TO QUALIFY FOR DACA?¡ Wereundertheageof31asofJune15,2012;

¡ CametotheUnitedStatesbeforereaching16thbirthday;

¡ HavecontinuouslyresidedintheUnitedStatessinceJune15,2007,uptothepresenttime;

¡ WerephysicallypresentintheUnitedStatesonJune15,2012,andatthetimeofmakingtherequestforconsiderationofdeferredactionwithUSCIS;

¡ HadnolawfulstatusonJune15,2012;

¡ Arecurrentlyinschool,havegraduatedorobtainedacertificateofcompletionfromhighschool,haveobtainedageneraleducationdevelopment(GED)certificate,orareanhonorablydischargedveteranoftheCoastGuardorArmedForcesoftheUnitedStates;and

¡ Havenotbeenconvictedofafelony,significantmisdemeanor,orthreeormoreothermisdemeanors,anddonototherwiseposeathreattonationalsecurityorpublicsafety.

WHAT IS THE CURRENT STATUS OF DACA?

¡ OnSeptember5,2017,theadministrationrescindedDACA.

¡ Theprogramisrescindedandnonewapplicationswillbeaccepted.

¡ DACAapplicationsreceivedbeforeSeptember5,2017willbeprocessed.

¡ AnyonewithDACAandaworkauthorizationsettoexpireonorbeforeMarch5,2017willbeabletorenew,butmustsubmittheapplicationBEFOREOctober5,2017.

¡ AnyonewithauthorizationexpiringafterMarch5,2017willnotbeeligibletorenewandtheirDACAandworkauthorizationexpiresonthedateshownontheworkauthorizationcard.

DACA UPDATE CONTINUED

¡ Once someone’s DACA expires they no longer have protection from deportation.

¡ Someone with DACA and a valid Advance Parole travel document can travel, but must return BEFORE the date the travel document expires. CBP can still refuse to let someone into the country, so it is best to consult a lawyer before traveling on advance parole.

¡ All pending Advance Parole applications will be administratively closed and fees will be returned.

¡ DACA can be terminated at any time.

RESOURCES

¡ Marquette Volunteer Legal Clinics – Wednesdays from 5:00-7:00PM at UCC (immigration, civil issues)

¡ National Immigration Justice Center in Chicago

¡ Voces de la Frontera – Saturdays from 9:00-11:00AM (workers’ rights, immigration)

¡ LOTUS – serves victims of human and gender-based violence trafficking

¡ El Consulado de Mexico en Milwaukee / The Mexican Consulate in Milwaukee

¡ Catholic Charities Legal Service for Immigrants

¡ American Immigration Lawyers Association

¡ United Migrant Opportunity Services

¡ Legal Action of Wisconsin –Volunteer Lawyers Project

¡ Civitas Law Group

DACA CLINICS

¡ September 14, 2017: Mexican Consulate

¡ Time TBD

¡ September 16, 2017: Alverno College, 3400 S. 43rd Street

¡ 8 a.m. to 12:00 p.m.

¡ Assist those who currently have DACA determine eligibility for renewal and complete renewal applications, provide consultation to determine whether there are other forms of relief. Provide referrals to attorneys to assist in applying for other immigration relief.

RESOURCES/HANDOUTS

¡ http://www.aila.org/File/Related/17090546.PDF\ (handout)

¡ http://www.aila.org/advo-media/issues/executive-action/featured-issue-dream-act-of-2017

¡ https://www.dhs.gov/news/2017/09/05/fact-sheet-rescission-deferred-action-childhood-arrivals-daca

¡ https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca

QUESTIONS?