Tram T Nguyen Esq Greater Boston Legal Services January 12 2017 Greater Boston Legal Services GBLS provides free civil noncriminal legal assistance to lowincome people in Boston and thirtyone ID: 535537
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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