Post-Election Immigration Update

Presentation on theme: "Post-Election Immigration Update"— Presentation transcript:

Slide1

Post-Election Immigration Update

Tram T. Nguyen, Esq.

Greater Boston Legal Services

January 12, 2017Slide2

Greater Boston Legal Services

GBLS provides free civil (non-criminal) legal assistance to low-income people in Boston and thirty-one

add’l

cities and towns.

GBLS attorneys and paralegals provide direct legal services and engage in systemic advocacy

Eligibility:

Legal issue is civil, non-criminal

Income does not exceed 125% of the Federal Income Guidelines (Elder clients, over 60

y.o

. and Medicare beneficiaries are not subject to the income guidelines.)

Lives in Boston or of the surrounding cities that are considered a part of Greater Boston Slide3

Asian Outreach Unit

AOU provides free legal assistance to low-income people of Asian heritage, who because of language and cultural barriers, have difficulties accessing the mainstream legal services

Areas

of Law:

Domestic

Violence/Family law

Housing

Immigration

Employment

Public

BenefitsSlide4

AOU Community Intakes

VietAID

42 Charles Street, Suite E

Dorchester, MA 02122

Tuesdays: 2:00 – 4:00 p.m.

South Cove Community Health Center

885 Washington

STreet

,

Boston, MA

Tuesdays: 10:00

–

12:00 p.m.

(closed for January 2017)

Chinese Progressive Association

28 Ash Street

Boston, MA

Mondays: 1:30 – 4:30 p.m.Slide5

Immigration under Trump Administration

Inauguration: January 20, 2017

Vows to deport 2-3 million undocumented people from the country

Focuses on those with criminal records but data show that there are not that many people with criminal records

Will likely also target those with no criminal records

DACA is most vulnerable program since it’s by executive order and program can be ended with a stroke of a pen

There is real fear in the community, even for those who are documented, particularly those from mixed-status householdsSlide6

Immigrant Rights – Everyone has certain rights regardless of status

Right to remain silent

Can refuse to speak to ICE agent until you speak to

atty

Right to demand warrant

Can demand warrant before letting someone enter home

If they say they have a warrant, ask them to slip it under the door and the

warrant should be signed by a judge

Right to make a phone call

If detained, there is a right to one phone call – make sure to carry phone number of immigration

atty

Right to refuse to sign anything before talking to an attorney

DO NOT SIGN ANYTHING! Could result in person being deported immediately without a hearing or chance to speak to attorney.

Right to refuse to show any documents before speaking with an attorneySlide7

What Immigrant Families Should Do Now

Talk to immigration services provider about immigration options

Even if you do not have immigration status, you might still be eligible to get a visa or work permit

If you have a criminal arrest or conviction, find out how it might affect your case, or if there is a way to erase it from record

Figure out what documents to bring or not bring with you

DO carry phone number of immigration

atty

, advocate, or legal services

DO carry valid work permit or green card, if any

DO carry red card to exercise right to remain silent in case you are stopped or interrogated by ICE agent

DO NOT carry any documentation about country of origin

DO NOT carry any false documents or ID

Make a child care and family preparedness planSlide8

Family Preparedness Plan

Make sure all information and emergency contacts are up to date at child(

ren

)’s school(s), including who can and cannot pick up

Create emergency contact sheet and file of important documents and put somewhere that you, your family or emergency contact can easily access

Talk to your friends and family members to figure out who will take care of the child(

ren

) in case something happens

We DO NOT advise people to do a Power of Attorney to make financial, legal, or child care decisions for child(

ren

) because child welfare concerns is one factor immigration judge considers in determining whether to deport a person

YOU SHOULD HAVE AN INFORMAL PLAN IN PLACE THOUGHSlide9

Deferred Action for

Childhood Arrivals (DACA)

What is DACA?

Policy under Obama Administration that provides administrative relief from deportation for specific individuals who apply for and receive DACA status – since June 15, 2012

It is not a law or even a regulation so it can be ended easily by incoming administration

Does not grant legal status or pathway to permanent residency or citizenship but does offer protection against deportation

Eligibility for DACA

Have been physically present in US on June 15, 2012

Have been under age 31 as of June 15, 2012

Have come to US before reaching 16

th

birthday

Have continuously resided in US since June 15, 2007

Currently in school, have graduated from high school, obtained GED, or have been honorably discharged from armed forces

Have not been convicted of felony, significant misdemeanor or 3 or more other misdemeanors and do not otherwise pose threat to national security or public safetySlide10

Future of DACA

Trump has repeatedly said that he intends on ending this program, but it unclear when or how he will do it.

There has never been large-scale immigration enforcement against undocumented individuals in colleges or universities and it is unclear whether Trump administration will target, include or exclude current DACA students

Currently, ICE’s own Sensitive Locations Policy provides that it should avoid enforcement in sensitive locations, which includes “post-secondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools.”

However, this policy could be modified by new administrationSlide11

What would the end of

DACA look like?

One possibility is gradual phase out by not accepting new applications and not renewing DACA for those currently in DACA status (need to be renewed every 2 years)

New administration could go one step further and revoke current employment authorization for those currently in DACA status

DACA recipients could be ordered to be appear in federal immigration court to face deportation proceedings

Currently, there is a USCIS internal policy that DACA data will not be disclosed to ICE, but that could changeSlide12

Helpful Tips for DACA

DO apply for DACA renewal if within 180 days of the end of status period and eligible for renewal – application fee is $495 as of December 23, 2016

DO talk to immigration

atty

about other possible immigration relief

DO NOT travel out of the country – if DACA is rescinded while out of the country then there’s no way to return

DO NOT apply for DACA if you have never done so – we do not know if this data will be shared with ICE in the future