today’s training: what we will cover - law.seattleu.edu symposium/dv 2017/09-07... · kidnapping...

Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence

Presented by:Grace Huang, Asian Pacific Institute on Gender‐Based Violence

Today’s Training: What We Will Cover

9/6/2017

Safety Planning for DV victims and programs For survivors and their families Immigration Related Risks

Updates on the 2017 Immigration Executive Orders and their Impacts on Survivors

Immigration Law Protections

“Family Safety Planning”

For DV Community Based Programs ICE Enforcement at DV Programs?

Resources

9th Annual Domestic Violence Symposium The Bigger Picture

Session 2E - Safety Planning for Survivors When Immigration Enforcement Is a Risk to Safety

Grace Huang

September 7 & 8, 2017 of 21

I. Overview

Addressing Risks to Immigrant Victims

Safety Planning for Immigrant Survivors



Grace Huang


Culturally Specific Programs

Programs should have experience and expertise addressing unique community and system-imposed risks

Culturally specific programs are often already experienced navigating these risks with victims

New Report: A-Z Advocacy Model Available at http://www.api-gbv.org/files/A-Z-AdvocacyModel-2017.pdf

Barriers to Seeking Help Faced By Immigrant Survivors

Lack of knowledge and misinformation about the U.S. legal system Fears of the Police and Judicial System, of deportation, of social services and child welfare agencies, etc.. (fears from experiences in country of origin and U.S. environment)

Language access Discrimination Economic and Employment challenges Isolation from family and community Increased Abuser‐generated risks and Systems‐generated risks Others



Grace Huang


Safety planning - System risks AND risks posed by perpetrator/abuser

Perpetrator/Abuser generated:-Immigration related coercion-threats to family members?-law enforcement & criminal legal system as protection?-civil legal system (family law, protective orders) as protection?-victim services-financial resources/housing?

System(immigration) generated:-Enforcement priority categories-287(g), Secure Communities, LE

collaboration w/ DHS-immigration relief available?-immigration eligibility

requirements for services?-increased ICE/CBP presence?-Public Charge?

Improving Access to Safety for Immigrant Survivors

• Know forms of survivor‐based immigration relief

• Provide referral to experienced advocates and attorneys to assist in screening and applying for immigration remedies

• Assist in documenting history of abuse

• Trauma‐informed approach

• Discuss Filing victim’s immigration case ASAP

• Provide enhanced safety planning

• Plan how victim can safely carry DHS document copies



Grace Huang


UNDERSTANDING & MITIGATING IMMIGRATION RELATED RISKS

Understand general eligibility for immigration benefits & defenses to removal

Understand ICE Policy Understand local ICE enforcement practices/policies Understand how local law enforcement shares information with ICE Understanding survivors’ rights vis a vis immigration enforcement Understanding supports services & how they interface w/ status Plan for children, property Relationship with immigration attorney/ legal services

organization

Impact on Immigrant Survivors

Numerous reports from police chiefs and prosecutors of significant reductions in the reporting of domestic violence and sexual assaults LAPD reported 25% reduction in reports of sexual assault and 10% reduction in DV reporting by Latinos compared to same period last year

Houston PD reported that number of Hispanics reporting rape down 42.8% from last year and reports of violent crime down 13%

Survey of DV/SA Advocates & Attorneys in April 2017 shows significant detrimental impact

Many police jurisdictions facing challenges and threats to funding due to community policing and community trust policies (note: court injunction in Santa Clara case on “Sanctuary Cities”)



Grace Huang


Impact of increased enforcement on local programs

A coalition of national organizations sent out a survey to the field on April 12 – 25, 2017 asking for their feedback. In total, 715 advocates and attorneys from 46 states and the District of Columbia completed the survey.

62%

24%

7%7%

Change in # of Survivors with Immigration Questions

Increase No Change Decrease Other

Advocate Survey

The survey documents that 78 percent of advocates reported that immigrant survivors expressed concerns about contacting police.

Three in four service providers responding to the survey reported that immigrant survivors have concerns about going to court for a matter related to the abuser/offender.

43 percent of advocates worked with immigrant survivors who dropped civil or criminal cases because they were fearful to continue with their cases.

Survey findings available at: http://alturl.com/enhmc



Grace Huang


II. Screening and Referral for Immigration Relief

Some of the Legal Protections Available to Immigrant Victims

The Constitution

Due process

Right against self‐incrimination

Federal law

Civil Rights laws against national origin discrimination

Access to services necessary for life or safety

VAWA, FVPSA, VOCA, INA, etc..

International law

International treaties relating to refugees, Convention Against Torture

State law

Privilege, confidentiality

State and local services



Grace Huang


Immigration Status

The challenges immigrant survivors face are affected by where they fall within the following 6 general categories:

1) Naturalized Citizens (formerly LPRs) = 20.7 million (48%)

2) Legal Permanent Residents (LPRs) = 13.1 million

3) Unauthorized Immigrants (Undocumented) = 11 million

4) Refugee Arrivals and Asylees (immigrants who fled persecution) U.S. admitted 85,000 refugees in FY16

5) Temporary Legal Residents (e.g. student & worker visas; crime victim non‐immigrant visas; temporary protected legal status)

approximately 1.2 million

6) Deferred Action (e.g. Deferred Action for Childhood Arrivals (DACA); U visa waitlist)

Total= 43.2 million foreign‐born (2015)

Family Based

Employment Based

Humanitarian- Victim Specific Protections

Temporary protections

Defenses from Removal

Understand General Eligibility for Status



Grace Huang


Protections for Immigrant Survivors

Congress created important protections for immigrant survivors of domestic violence, sexual assault and human trafficking in the Violence Against Women Act (VAWA) and Trafficking Victims Prevention Act (TVPA) in a bipartisan manner, in the express recognition that abusers often exploit a victim’s lack of immigration status as a tactic of abuse.

Also includes important confidentiality protections for immigrant survivors

Potential Forms of Immigration Relief for Battered Immigrants

Applications filed with Dept. Homeland Security (DHS)1. VAWA self petition

Abused spouses/children of US citizens and lawful permanent residents Abused parents of U.S. citizens over 21 years of age

2. Battered spouse waivers Abused spouses of US citizens with two‐year conditional permanent residency

3. U visa (if willing to help with investigation of designated crimes)4. T visa (for trafficking victims)5. Asylum (fleeing well‐founded fear of persecution within specific category)6. DACA (deferred action for childhood arrivals)

Defenses before immigration judge6. Cancellation of Removal under VAWA7. Asylum/Gender Asylum



Grace Huang


SIJSSpecial

Immigrant Juvenile Status for child victims

T VISAFor victims

of trafficking

CONTINUED PRESENCEFor victims of trafficking

U VISAFor victims of Domes- tic Violence, Sexual Assault, Felonious Assault, Trafficking, Other Serious Crimes

VAWAFor victimsof Domestic Violence married to US citizens or permanent residents

CONSIDERATIONS

Victims of a severe form of human trafficking and who may be potential witnesses, or filed a civil action

Law enforcement support is required

ASYLUMFor victims of

persecution

To apply:USCIS or

Immigration Judge

CONSIDERATIONS

MMuusstt hhaavvee jjuuvveenniillee ccoouurrtt oorrddeerr

For victims of abuse, abandon- ment, or neglect by one or both parents

Must be in the US on account ofthe trafficking

Law enforcement certification is encouraged but not required

CONSIDERATIONS

Qualifying crime must be in the US or have violated US law

Must have law enforcement certification

CONSIDERATIONS

If approved, benefit provides:

1.Up to four years of temporary nonimmigrant status2. Work authorization3.Ability to apply for permanent status

CONSIDERATIONS

Perpetrator must be US citizen or Lawful Permanent Resident spouse or parent or US citizen adult son or daughter


1.Protection from removal2. Work authorization3.Ability to apply for permanent status


1.Protection from removal2. Work authorization3.Ability to apply for permanent status

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

CONSIDERATIONS


1.Asylee status2. Work authorization3.Federal social services benefits4.Ability to apply for permanent status


1.Up to four years of temporary nonimmigrant status2. Work authorization3.Federal social services benefits4.Ability to apply for permanent status

1.Protection from removal designation may be granted initially for a period of 2 years and renewed in increments of up to 2 years2. Work authorization3. Access to federal social services benefits


To apply:USCIS

Form I-360

To apply:USCIS

Form I-360

Form I-589

To apply:USCIS

Form I-918

To apply:USCIS

Form I-914

To apply:ICE - Federal law enforcement must

seek this protection for you

DHS.GOV/BLUE-CAMPAIGN For victim support call 1-888-373-7888 or text INFO or HELP to BeFree (233733)

9/6/2017

U Visa Crimes

Domestic violence Sexual assault Rape Trafficking Incest Stalking Prostitution Female Genital Mutilation Torture Being held hostage Peonage Involuntary servitude Slave trade

Kidnapping Abduction False Imprisonment Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Obstruction of justice Fraud in Foreign Labor Contracting Perjury or Attempt, conspiracy or solicitation to commit

any of these crimes



Grace Huang


III. Overview of Recent Policy Changes21

Immigration Executive Orders22

1. Border Security and Immigration Enforcement Improvements(Border Enforcement Executive Order ‐ Issued Jan. 25, 2017)

2. Enhancing Public Safety in the Interior of the United States(Interior Enforcement Executive Order ‐ Issued Jan. 25, 2017)For more complete analysis see: Review of February 20, 2017 Department of Homeland Security

Memoranda ‐ Possible Impacts on Survivors of Domestic and Sexual Violence by Tahirih Justice Center, found at:http://www.tahirih.org/wp‐content/uploads/2017/02/Summary‐of‐Feb‐20‐2017‐DHS‐Memos.pdf

3. Protecting the Nation from Foreign Terrorist Entry into the United States

(Travel Ban for Refugees and Certain Muslim‐Majority Countries Executive Order ‐Issued Jan. 27, 2017, Reissued March 6, 2017)



Grace Huang


Interior Enforcement Executive Order

• Revives “Secure Communities” Program

• Encourages increased collaboration between federal immigration enforcement and state and local law enforcement [287(g) agreements under INA]

• Calls for taking away some funding from “sanctuary jurisdictions” (under litigation)

• Calls for more immigration agents (10K)

• Calls for increased fines & penalties for those “unlawfully present” and casts much broader net on prioritization for removal

Immigration Policy Changes

Administration’s executive orders on immigration and DHS’s February 20, 2017 implementation memo Significantly broadens priorities for deportation; Curtails prior memos on using “prosecutorial discretion”

Priorities now include those convicted or charged with ANY criminal offense, or who have committed any act that constitutes a chargeable offense

Individuals who appear to be most at risk: Those in detention or jail Those with a criminal history or potential criminal charges Those who’ve been ordered deported in the past and lost or forfeited any appeals



Grace Huang


Know Your Rights and Beyond

In practice, encounters often do not go as planned in a KYR; what happens next?

▸ Right to ask if one is “free to go”

▸ If they say YES: say,

“I don’t want to answer your questions.”

or

“I’d rather not speak with you right now.”

▸ Do not answer questions about your immigration status or where you were born. Do not hand over any foreign documents, such as a passport, consular IDs, or expired visas

▸ Right to walk away if not being detained

Know Your Rights

In Public Places If Detained

▸ Right to remain silent

▸ Right to say,

“I want to speak to attorney”

▸ Right to refuse consent to a search

▸ Right to refuse to sign document

▸ No right to lie or show false documents or resist arrest

▸ Understand that providing proof of foreign citizenship or informing ICE where one was born can be used as basis for deportation



Grace Huang


Know Your Rights:

At the Door (ie Shelter door)

▸ If agents show up at the door, find out if they are police or ICE

▸ If ICE agents do not have a warrant signed by a judge (not ICE), they cannot enter a home without permission from an adult• Ask to see warrant and have them slip it under the door. If not signed

by a judge, you do not have to let them in.

▸ If they are asking for a household member, ask them to leave contact information. You do not have to tell them where the person is, and you should not lie.

Know Your Rights:

If ICE is in Your Home (or Shelter) to Make an Arrest

▸ Inform them if there are children or other vulnerable residents at home, if true

▸ Request that they exit/step outside unless they have a warrant signed by a judge. Again, an administrative warrant (I-200 or I-205) is not enough to enter your home.

▸ If they come inside without permission, tell them,

“I do not consent to you being in my home. Please leave.”

▸ If they begin searching rooms or items inside home, tell them “I do not consent to your search.”

▸ If ICE is arresting you, tell them if you have medical issues or need to arrange for children, if that is the case



Grace Huang


▸ Carry the contact information of your attorney or legal representative

▸ Carry a know-your-rights card that you can show to ICE or the police if you are stopped. For example: https://www.ilrc.org/red-cards

▸ Valid license, work permit or green card if you have one. DO NOT carry false documents

What Should Survivors Carry with Them?

▸ Contact attorney/legal services as soon as possible

▸ Do NOT Sign Anything (Even if there is pressure to do so!)

• Until you’ve had opportunity to consult with attorney

• Some people may be eligible for release on bond

▸ Have a plan in place for your family if detained

What to Do If Detained (In addition to staying silent)



Grace Huang


Family Safety Planning

• Child Care Plan

• Who will care for children if parent is detained? • Provide affidavit to caregiver, with copies of child’s records and contact info• Consult with Family Law Attorney whether more formal document like power of

attorney may need to be prepared for long-term care

• Emergency contact sheet at schools/ daycares/ DV program

• Provide all medical information for child including insurance cards, SSNs

• Make sure your family members can find each other if they are detained. They can use the ICE detainee locator (https://locator.ice.gov/odls/homePage.do )

• Financial Issues

Family Safety Planning

Primary Residential Care of children Cannot do Power of Attorney if there is an absent parent with right to care

for child

Obtain child’s documents Forms for school contact person US passport: pros & cons Children’s Passport Issuance Alert Program (CPIAP)

Personal documents Carry evidence of USCIS applications filed Esp. applications that are protected by VAWA confidentiality.



Grace Huang


• Be pro‐active; identify internal challenges• Remember confidentiality obligations (i.e. VAWA, FVPSA, VOCA, state law, privilege) • Be aware of difference between DHS issued warrant vs a Court‐issued warrant (which would need to be

signed by a judge)• Develop internal protocols to respond effectively to clients at risk of detention and removal, including

authorization of release of portions of file• Provide a business card to client with a direct number• Train your staff on handling ICE calls• Policies/practices to support survivors keep proof of “positive equities” (ie ties to the community, good

moral character, etc) for immigration cases • Resources:

• Responding to immigration enforcement at your program: http://www.api‐gbv.org/files/FAQs‐ImmigrationEnforcementVictimServicesPrograms‐byAPI‐GBV_July2017.pdf

• DV Programs and Harboring http://www.api‐gbv.org/files/ADVISORY_VictimServicesPrograms‐HarboringImmigrantSurvivors_byAPI‐GBV_July2017.pdf

Agency Safety Planning

IV. Systems Advocacy



Grace Huang


Enhanced Collaborations

Coordinated Community Response

Review issues of access to courts, LE, and services for immigrant victims

Offer trainings on VAWA provisions and confidentiality issues

Discuss implications of data collection and certain eligibility requirements in various systems, including coordinated entry, services

Collaborations with immigrant advocacy organizations, community members, and immigration attorneys in your community

Know your rights presentations

Leveraging relationships with law enforcement

Understanding implications of Secure Communities, Sanctuary Cities, or 287(g) programs in your jurisdiction

Policy Makers: Local, State and Federal

Improving Protocols for U Visa Certification

Work with law enforcement to discuss U visa certification protocols

Review model codes and policies

Expand access to legal assistance for immigrant victims



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Systems Advocacy (cont)

Clarification of data collection, information sharing policies/protocols

Language access

Keep current on policy changes

Gathering stories to highlight impact

Other

V. Resources



Grace Huang


If Someone Detained by ICE

Q. Where can someone go for help if someone is arrested by ICE?

A. Ideally, hire private attorney to ensure representation in court; if not possible and individual in NW Detention Center, call NWIRP’s Tacoma office: 253-383-0519 and leave message with full name and A# (if known) of detainee:

Note: Tacoma office can provide legal orientation to detainee but can only provide representation in very limited number of cases

WA Resources

NWIRP- www.nwirp.org Western Washington:

Call 206-587-4009 or 800-445-5771

Eastern Washington:

Wenatchee: 509-570-0054 or 866-271-2084

Granger: 509-854-2100 or 888-756-3641

If possible, specify issue: asylum, naturalization, domestic violence, removal, detention, family visa;

Please let clients know that they must leave a message with their name and phone number, and that we cannot take every case;

NWIRP protects confidentiality

Washington Law Help (including WA guardianship forms, etc) www.washingtonlawhelp.org

One America www.weareoneamerica.org



Grace Huang


National Technical Assistance Providers/DV & Immigration

Asian Pacific Institute on Gender‐based Violence: http://www.api‐gbv.org

Casa de Esperanza: National Latin@ Network for Healthy Families and Communities:www.casadeesperanza.org and www.nationallatinonetwork.org

ASISTA Immigration Assistance: www.asistahelp.org

Tahirih Justice Center: www.tahirih.org

National Immigrant Women Advocacy Project (NIWAP)

• NIWAP Technical Assistance: Call (202) 274‐4457

• Web Library: http://niwaplibrary.wcl.american.edu/

Additional Resources

Immi (online resource developed by IAN and Probono Net): https://www.immi.orgCollected Resources on Executive Orders: http://bit.ly/ResourcesOnEOsInformed Immigrant: https://www.informedimmigrant.comWe Belong Together & Immigration Advocates Network: www.womenstepforward.orgImmigrant Legal Resource Center: www.ilrc.orgImmigrant Defense Project: www.immdefense.orgVAWnet (NRCDV):http://vawnet.org/sc/immigrant‐women‐and‐domestic‐violence;

http://vawnet.org/sc/immigrant‐women‐and‐sexual‐violenceAppleseed Deportation Manual

http://www.appleseednetwork.org/deportationmanual/



Grace Huang


today’s training: what we will cover - law.seattleu.edu symposium/dv 2017/09-07... · kidnapping...

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