Serving Undocumented Homeless Youth

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Gabriele Ross, Evergreen School District, WA Patricia Julianelle, NAEHCY

Immigration and Education Issues and Resources

What’s the Lingo for Immigrants?

Immigrants: intend to remain indefinitely

Non-immigrants: temporary and specific purpose

Lawful status: have permission to be in the US and compliant with terms

Without status / out of status / undocumented: Without permission and/or noncompliant

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Who Are Undocumented Immigrant Students?

Children with families but who don’t have lawful status

Unaccompanied youth

Over 8,000 placed in U.S. custody each year

Children under 18 who come to the US without a parent or legal guardian and have no parent or legal guardian in the U.S. available to provide care and physical custody

An unknown number of others come with family but are separated after they cross the border

Some may be in immigration proceedings, others may not

Fleeing human rights abuses, poverty, natural disasters 3

What’s the Lingo for Immigration Enforcement?

Dept. of Homeland Security (DHS)

US Citizenship and Immigration Service (USCIS)

Immigration of Customs Enforcement (ICE)

Customs and Border Protection (CBP)

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What’s the Lingo for Services for Immigrant Youth?

Dept. of Health & Human Services (HHS)

Office of Refugee Resettlement (ORR)

Unaccompanied Refugee Minors Program (URM)

Division of Unaccompanied Children’s Services (DUCS)

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What Are Undocumented Students’ Education Rights?

The same right to attend public school as citizens.

Plyler v. Doe (Supreme Court, 1982)

Schools cannot require immigration documents or social security numbers for enrollment.

Schools cannot ask any immigration questions or “chill” enrollment. AL is on the verge of passing a law to restrict extra-

curricular participation for undocumented K-12 students.

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What Are Undocumented Students’ Education Rights?

New guidance from USED: http://www2.ed.gov/about/offices/list/ocr/letters/

colleague-201101.pdf http://www2.ed.gov/about/offices/list/ocr/docs/d

cl-factsheet-201101.html

"Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law.” 7

What if a Parent/Youth Shares

Immigration Information Voluntarily? Do not call immigration authorities.

Do not tell others at school or in the community.

Do support them as you would support other families and youth.

Do offer information about immigration advocacy and service providers.

Do not interfere with an active immigration investigation.

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What About Other Services?

Vocational services may require social security numbers or employment authorization.

Public benefits may require immigration documentation.

States may require immigration documentation to obtain ID’s and driver's licenses.

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Higher Education

Undocumented immigrants can apply to public colleges and universities, except for those in GA and SC.

TX, CA, NY, UT, IL, WA, NE, NM, OK and KS provide in-state tuition for resident undocumented immigrants. MD, CT and OR may be added to that list soon

OK may come off the list

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Higher Education

Federal and most state financial aid requires immigration documentation.

Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented. However, if the student or parents supply a fake or

stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.

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Higher Education (cont.)

Some private scholarships are available regardless of immigration status.

Many districts have programs such as “Running Start” that allow students to obtain an Associate Degree for free while still in high school. Talk to students early (in middle school!) about college to give them a reason to keep up their GPA and dream.

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Potential Paths to Legal Status – SIJS

Special Immigrant Juvenile Status (SIJS) —

For children who cannot reunify with their parents due to abuse, abandonment or neglect Determination by a state “juvenile” court is a

prerequisite to applying for SIJS Can lead to lawful permanent status

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SIJS (cont.)

Eligibility criteria Unmarried & under 21; subject to state law age limits

Abuse, abandonment, neglect or similar maltreatment

Not viable to reunify with parents

Not in best interests to return to country of origin

Dependent on juvenile court or placed in custody, in accordance with state law

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Potential Paths to Legal Status – U visa

U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help).

Being a victim of child abuse meets the first criterion, if the abuse would also be a crime.

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Potential Paths to Legal Status – VAWA

Violence Against Women Act (VAWA) -- Youth who are being abused by a parent or other adult who is a legal resident or citizen with whom child resides.

Extreme cruelty – can be physical, emotional or mental.

Children can also be included on an abused parent’s application. 16

Potential Paths to Legal Status – T visa

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 purposes of subjection to involuntary servitude, debt bondage or slavery.

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Potential Paths to Legal Status - Asylum

Asylum– People who have suffered persecution, or face a reasonable possibility of persecution, in their home country, on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

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Asylum (cont.)

Possible grounds for asylum for unaccompanied children in the United States:

Recruitment as a gang member or child soldier

Child forced into prostitution, or marriage

Female genital mutilation

Political activity of child or her/his parent

Child targeted on basis of sexual orientation

Vulnerability as a street child or victim of domestic violence

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Legal Resources

ACLU Immigrant Services Directory http://www.aclu.org/immigrants-rights/immigrant-

services-directory-public-resource-intake-referrals

Kids in Need of Defense (KIND) www.supportkind.org 202-824-8680; info@supportKIND.org

Catholic Legal Immigration Network www.cliniclegal.org

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5 Things You Can Do

1. Share information about the rights of students who are undocumented and those who are homeless. Collaborate with immigrant-serving

agencies in your community. Help youth navigate higher education

admissions and financial aid.

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5 Things You Can Do (cont.)

2. Do not assume that all youth have lawful immigration status. Keep in mind that some youth may not

have immigration documents when planning activities, such as voter registration events, vocational opportunities, or field trips requiring identification.

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5 Things You Can Do (cont.)

3. Never push for information about a youth’s or family’s immigration status. It’s illegal for schools. However, staff should remain open to

talking about immigration issues if youth disclose their status.

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5 Things You Can Do (cont.)

4. If you become aware that a youth is undocumented, encourage him or her to seek legal help immediately. Inform the youth that, most likely, it will

be easier to obtain legal immigration status before turning 18 years old.

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5 Things You Can Do (cont.)

If requested, assist youth in connecting with a reputable legal services agency.

Assure the youth that legal services agencies are required to maintain confidentiality.

Assist attorneys in building a relationship and trust with the youth.

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5 Things You Can Do (cont.)

5. Support youth through the immigration process. Help compile documents the youth will need. Provide a mailing address for immigration

notices. Remind youth about immigration-related

appointments and support their attendance.

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Resources: General

Immigration and Schools (NAEHCY/KIND) http://www.naehcy.org/naehcy_pubs.html

Papers: Stories of Undocumented Youth http://www.papersthemovie.com/

Legal Issues for School Districts Related to the Education of Undocumented Children (National School Boards Association and National Education Association) www.nea.org/assets/docs/HE/09undocumentedchildren.pdf

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Resources: Higher Education

The College Board

http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students

http://professionals.collegeboard.com/profdownload/young-lives-on-hold-college-board.pdf

The Dream Act Portal

http://dreamact.info/

Dream Activist

http://www.dreamactivist.org/

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Resources: Higher Education

Scholarships for undocumented students http://maldef.org/leadership/scholarships/resources

http://www.getreadyforcollege.org/pdfGR/ScholarshipsUndocumented.pdf

http://www.migrant.net/migrant/scholarships.htm

Educators for Fair Consideration http://www.e4fc.org/

Information for federal financial aid for unaccompanied youth with lawful status

http://www.naehcy.org/higher_ed.html 29