Northwest Immigrant Rights Project

Northwest Immigrant Rights Project

NWIRP provides comprehensive immigration legal services for low-income people in Washington StateFocus primarily on direct legal servicesAlso engage in: impact litigation, systemic advocacy, community educationFour offices: Seattle, Granger, Wenatchee, Tacoma

Types of Immigration Status

US Citizen

US National

LPR

Asylee

Refugee

AOS Applicant

Deferred Action

Approved I-360

ABC Class Member

A-1, A-2,

A-3

B-1 Business

B-2 Tourist

Visa Waiver Program

C-1, 2, 3,

4

Transit

D-1,2

Crewmen

E-1,2 Treaty

F-1,2 Student

G-1-5

Int’l Org

H-1B Specialty

H-1C

Nurses

H-2A Ag Worker

H-2B

Temp Worker

H-3, 4

I

- Media

J-1, 2 Exchange

K-1,2,3,4

Fiance

(e)

L-1A,1B,2 Corp

M-1,2 Vocational

N-8,9 – Special

Imm

.

NATO –

1-7

O-1,2,3

Extraord

.

P

– 1-4 Athletes/

Entr

Q-1,2,3 Exchange

R-1,2 Religious

S-5,6 Informant

T – 1-4 Trafficking

TN, TD – Trade

TWOV – Transit

U – 1-4 Victims

V – 1-3 LPR Family

Humanitarian Parole

TPS

Derivative

245(

i

)

I-730

NACARA

EWI

Conditional Resident

Approved I-130

DACA

Diversity

Visa

Overstay

Sig Public Interest Parole

SIJS

Withholding

CAT

Deferred Action

Cuban Adjustment

Lautenberg Amend.

And many more…

How to Get a Green Card (LPR)?

Eligible for Petition?

Waitlist?

In the U.S.

Outside

U.S.

Eligible to “adjust”?

Process at

US Consulate

Bars?

Application / Interview in US

No

Yes

Consulate

Interview

Green

Card

Leave US?

How Do People End Up in Removal?

Interaction with Criminal Justice System:

ICE detains an individual after he/she was in jail or contact with probation officer

Filing an application that is denied:

USCIS refers the case to ICE

Other interactions with ICE and Border Patrol:

Stopped at the border, checkpoints, etc…

P

ost-election, we might see other ways (more later)

People in removal proceedings may be detained or not

detained

Immigration Court

There is NO right to an appointed attorney in immigration court if the person cannot afford a private attorney.Many people are forced to represent themselves:Approximately 35 % of removal cases in Seattle and 92% of those completed in Tacoma were unrepresented!!!

Who is at the detention center?

Asylum-seekersAsylees and refugeesUndocumented immigrantsLawful permanent residentsVisa overstaysMentally illPregnant womenLGBTQSurvivors of human traffickingUnaccompanied YouthPopulation = ~ 88% male; from > 70 countries, but > 80% from Mexico and Central AmericaLength of detention = 2 weeks – 4 years (or more)

IMMIGRATION Landscape Today

Interior Enforcement Executive Order (Jan. 25, 2017)

Sweeping Enforcement Priorities:

A

nyone

charged with

any

criminal

offense or

Who “has committed acts” that constitute a crime (no requirement for a conviction), or

Who is, “in the judgment of an immigration officer,” a public safety risk

Fines for “those who facilitate” the presence of undocumented people in the U.S.

10,000 additional immigration officers with no funding for more IJs

Increased state enforcement of immigration law

Revoking federal funding and other penalties for “sanctuary jurisdictions”

Border Security Executive Order (Jan. 25, 2017)

Describes asylum-seekers as dangerous

Build a wall along the southern border

Ramp up construction of detention centers—including private for-profit facilities—near border

Increase number of people (especially asylum-seekers) detained

5,000 more Border Patrol Agents (no more IJs)

Removal proceedings from Mexico

More state-federal enforcement agreements

Potential for removal without a hearing for individuals who have been in the U.S. up to two years

“National Security” Executive Order (Jan. 27, 2017)

President Trump signed an executive order which:

Suspended entry for 90 days for individuals from seven countries (Yemen, Iraq, Iran, Somalia, Sudan, Libya, Syria)

Barring any refugees from being admitted into the U.S. for 120 days

Indefinitely barring the entry of Syrian refugees

Immediate + confusing implementation, to refugees, visa holders and green-card holders

Pending

litigation

Department of Justice Appeal to US Supreme Court

Changes to Immigration Enforcement

Increased focus on anyone who interacts with criminal justice systemIncreased enforcement near border (including northern counties and Olympic peninsula)Increased “fugitive operations teams” looking for those with prior deportation ordersWorkplace raidsEliminate use of prosecutorial discretionEven more immigration detention

What Might Change and When

Quickest Changes: More Executive Actionsi.e. DACA, Enforcement PrioritiesWorkplace RaidsNot As Quick But No Congressional Action RequiredRegulations: i.e. Provisional Waiver processMay Take More Time: Congressional Action Required:Budget: More Agents/Detention, More Immigration CourtsChanges to Immigration Law:Mandatory E-VerifyTougher penalties for immigration violation

What Will Happen to DACA?

Numbers (as of June 2016):

National: 741,000+ DACA recipients

WA: 16,987 DACA recipients

Possible scenarios:

DACA and all work permits eliminated immediately

DACA

ended people allowed to keep work permits until they

expire

No new DACAs but those who have it can keep and continue to

renew

DACA continues as

before

Changes to Other Forms of Protection?

Most forms of protections are written in law, so President can’t change them:

i.e. U visas, VAWA protections, asylum, SIJS

However:

There may be increased risk if applications are denied (i.e. placed in deportation proceedings)

Immigration agencies may well become tougher on using discretion

President could decide not to extend some protections (i.e. TPS)

Congress could modify some of these protections in future

What Are We Doing to Respond?

Direct Representation!Community Education Legislative Advocacy Impact Litigation Muslim BanCease and Desist Raid Response TeamHotline – 1-844-724-3737 (1-844-RAID-REP)