S T A T E W I D E L E G A L A D V O C A T E S T R A I N I N G

O C T O B E R 1 1 , 2 0 1 8 , W E N A T C H E E , W A S H I N G T O N

RESPONDING TO INCREASED IMMIGRATION ENFORCEMENT

ANNA RAE GOETHE, NW IMMIGRANT RIGHTS PROJECTLINDSAY LENNOX, NW IMMIGRANT RIGHTS PROJECT

NORTHWEST IMMIGRANT RIGHTS PROJECT

• Provides comprehensive legal immigration

services for low-income people (adults and

children) in Washington State.

• Principal Focus: Direct legal representation

• Also: Creating systemic change in the practices

and public policies that affect immigrants through

high-impact litigation, public policy, and

community education.

• Four offices: Granger, Seattle, Tacoma, and

Wenatchee

• What do we help with?

• Asylum applications

• Citizenship applications

• Defense in Removal Proceedings

• Family-based visas and waivers

• VAWA, U visas, T visas, SIJS

• General Advice / Brief Services

NORTHWEST IMMIGRANT RIGHTS

PROJECT

OBJECTIVES

As a result of this training, you will:

1. Learn about unaccompanied immigrant children and

other vulnerable immigrant children populations.

2. Learn about family separation and detention at the

border

3. Learn about sanctuary cities and ICE enforcement

policies

4. Know how to advise immigrant clients of their rights

when confronted by an ICE officer

5. Learn about family safety planning

• U.S. Citizens (USC): Born, Naturalized, Acquired/Derived

• Non-Citizens: Three General Categories:

• Lawful Permanent Residents (LPR) = Green Card Holders

• Asylees / Refugees

• Temporary Legal Status: Students, Temporary Workers,

Visitors/Tourists, TPS, U visas

Undocumented: Visa Overstays/Entered w/o permission

• Why “Undocumented Immigrant”?

CITIZENS AND NON-CITIZENS

WHO IS DESIGNATED AN UNACCOMPANIED CHILD?

• No lawful status

• Under 18

• Unmarried

• No parent or legal guardian available to provide care and physical custody in US

6

HOW DO THEY GET HERE?

• Southern border

• Over 75% come from Central America

• Dangerous journey

• Violence

• Deprivation

7Image Credit: © Teaching for Change

2016

WHY DO THEY COME?

• Gang Violence & Recruitment

• Domestic Violence & Severe Abuse

• Gender-based Violence

• Violence against Street Children

• Lack of caretaker

• Trafficking

• Persecution Based on Ethnicity, Familial Ties, Political Opinion

8

Unaccompanied Child Arrivals to the U.S.

68,541

39,970

59,692

41,435

41,347

9*FY 2018 = October 2017 – July 2018 *Source: U.S. Customs and Border Protection

NO RIGHT TO APPOINTED COUNSEL

…even if the respondent is a child.

Therefore, 50% are unrepresented in

removal proceedings.

10

11

9 OUT OF 10 CHILDREN

WITHOUT ATTORNEYS ARE

ORDERED DEPORTED

UNACCOMPANIED CHILDREN IN

WASHINGTON STATE

12

Unaccompanied Children Released to

Sponsors in Washington State

• From Oct 2017- July 2018 390 children

have been directly released to

sponsors in Washington State (29,928

in entire US released)

• Many more have moved to

Washington State after being released

to other areas

• Other children meet the definition of

unaccompanied children but have not

been “designated unaccompanied”

• Bring food

• Have toys or other things to hold and play with

while they talk

• What privileges do you have?

• Are you a mandated reporter?

• Do you have confidentiality? What is

confidentiality? Explain this

• Pick up on cues

HOW TO TALK TO CHILDREN AND YOUTH

• Are there shelters in your counties?

• Is there something equivalent to Safe Place?

• Where do youth on the street turn for help?

• Teen Link 866-833-6546

• Homeless Youth Handbook:

https://www.homelessyouth.org/us/washington

YOUTH RESOURCES

FAMILY SEPARATION

What usually happens when a family comes to the

border with children?

• Released to live with general population

• Placed into deportation proceedings

• ICE Check-ins

• Ankle bracelet

• Children able to live a “normal” life as they work

their way through deportation proceedings

FAMILY SEPARATION

What happened this summer?

• New “zero-tolerance” policy of prosecuting everyone who crosses the border without permission, even if they are doing so to seek asylum• Misdemeanor to cross border -- $50 -$250 max fine and/or six month prison

sentence

• Parents were separated from children and detained separately• No effective system to track where children were, to facilitate

communication between parents and children, or plan to reunite families

• US District Court Judge order children to be reunited with their parents by end of July

• As of September, over 400 kids remain separated from their parents

• Over 400 parents were deported without their children, hundreds of parents deemed “ineligible” to be reunited with kids

• Now– administration has suspended the policy

FAMILY SEPARATION IN WASHINGTON STATE

• 206 asylum seekers were transferred to the Federal

Detention Center in SeaTac, 59 of whom were parents

separated from their children

• Individuals were sentenced to “time served” and no

longer had criminal charges pending against them, yet

remained in a detention center generally only used for

people serving criminal sentences

• NWIRP staff and volunteers screened all individuals and

provided legal assistance to as many as possible

• Eventually transferred to NWDC and most have been released

on bond or transferred to other detention centers

• Fewer than ten children who had been separated from

their parents were detained in the Tacoma area

FUTURE TRENDS: PUBLIC CHARGE

• Federal law states that people likely to “become a public charge” are inadmissible to the US• Policy behind this is to avoid admitting those who will become

primarily dependent on the gov’t for subsistence

• Under current policy, only two types of benefits may be considered when making this determination:• cash assistance for income maintenance

• institutionalization for long-term care at government expense.

• Non-cash benefits NOT considered

• When making this determination, officials must consider other factors: the intending immigrant’s age, health, education, income, assets, skills, employment, and family status, and allows consideration of other relevant factors.

• Long list of immigrants who are NOT subject to this ground of inadmissibility: asylees, U-visa applicants, T-visa applicants, SIJS applicants…

FUTURE TRENDS: PUBLIC CHARGE

• DHS plans to propose new regulations regarding application of “public charge” provision• Draft leaked in Feb 2018

• Published in Federal Register YESTERDAY 10/10/18 (60-day comment period until 12/10)

• Proposed changes (check finalized version – out 10/10):• It dramatically changes the definition of public charge to

apply to anyone who is likely to use more than a minimal amount of certain cash, health, nutrition or housing programs.

• Positive and negative factors will now be weighted differently, rather than an analysis of the whole picture

• The proposed test would weigh each of the following negatively in public charge decisions: earning less than 125% of the federal poverty level (FPL), being a child or a senior, having certain health conditions, limited English ability, less than a high school education, a poor credit history, and other factors

ICE ENFORCEMENT POLICIES

• Increased focus on anyone who interacts with criminal

justice system

• Increased enforcement near border (including northern

counties and Olympic peninsula)

• Increased “fugitive operations teams” looking for those

with prior deportation orders

• Targeting of adults who sponsor unaccompanied minors

• Workplace raids

• Eliminate use of prosecutorial discretion

• Even more immigration detention

SANCTUARY CITIES

• “Sanctuary” term generally refers to policies that prevent local jurisdiction (i.e. city) from using its own resources to help with immigration enforcement

• For instance, they may mean that local police won’t cooperate with ICE or won’t hold people in jail for ICE

• The federal government cannot force local/state authorities to enforce federal immigration policies

• However, these policies do NOT mean that ICE agents cannot, on their own, engage in enforcement activity in that jurisdiction or location

• ICE currently has policy restricting enforcement in “sensitive locations” but unclear if this will continue

• Providers

• Are you a sensitive location?

• Have a protocol

• Where to have them wait

• Who from your organization talks to them

• Valid warrant/not a valid warrant

• Call NWIRP or WA Solidarity Network 1-800-724-3737

• Get information of ICE officer

• Where is ICE allowed and what can they ask

ICE IS AT YOUR DOOR

STATE COURT

• Does your courthouse have a policy regarding ICE Officers coming into the building?

• Does the jail honor ICE holds for criminal cases?

• Safety planning with clients

• Risk factors• Prior contact with immigration (i.e. prior removal order)

• Prior criminal history

Resource to Call: Washington Defender Association Immigration Project: 206-623-4321. Sara Sluszkasara@defensenet.org; Jonathan Moore jonathan@defensenet.org

IF YOU SEE SOMEONE BEING DETAINED BY IMMIGRATION OFFICIALS

TO REPORT IMMIGRATION ACTIVITY ANYWHERE IN WASHINGTON:

DIAL 1-844-RAID-REP (1-844-724-3737)7 days a week | 6am – 9pm

The hotline allows people to report when loved ones or friends have been detained by immigration agents or other instances of problematic behavior

conduct by immigration officials. When someone calls the hotline, volunteers will ask questions about the incidents to collect as much details

as possible (including what did the agents uniforms look like? What markings were on the vehicles?) Callers will also be provided with

information regarding resources available for those individuals detained by ICE or Border Patrol agents.

KNOW YOUR RIGHTS

• All people – regardless of immigration status – have

basic rights!

• Right to remain silent

• In most instances, voluntary disclosure is how immigration

knows someone is undocumented.

• Do not hand over any foreign documents, and do not carry

false documents.

• Right to be safe in your homes

• Immigration/law enforcement generally must have a court

warrant in order to enter a home.

• ICE warrants are administrative, and are NOT judicial warrants.

Right to labor protections

• Keep the door closed

• Ask officer to identify himself

• Ask to see a warrant: ICE must show a search warrant

signed by a judge (one signed by an “officer” is NOT

sufficient) to enter your home without your permission

• Have them slip it under the door or place it against the window

• Check the information is accurate (Court issued, name,

address, date, etc.)

• If they enter, tell them: “I do not consent to you being

here, please leave.” “I do not consent to your search.”

• If you choose to speak, step outside and close the door.

WHAT TO DO IF ICE COMES TO YOUR HOME?

• Remain calm – running away can give cause for

ICE to arrest/detain you

• Ask if you are free to leave

• “voluntary” inspection versus arrest/seizure

• If yes, calmly and silently walk away

• Remain silent and do not sign any documents until

you speak with a lawyer

• You do not have to consent to search of yourself or

your belongings

WHAT IF ICE APPROACHES YOU IN THE COMMUNITY?

WHAT TO DO IF DETAINED BY ICE

• DO NOT sign documents without legal help

• Could waive important rights

• After providing your name and asking to speak to

an attorney, exercise your right to remain silent

• Name is for locating you – if you give false name, difficult for family and attorney to find you

• Contact attorney/legal services organization as

soon as possible

• Some people may be eligible to ask for release on

bond

ACLU KNOW-YOUR-RIGHTS VIDEO

• These are excellent videos produced by the ACLU

that can help you and your clients learn more

about what to do if they encounter ICE

• Available in multiple languages

• https://www.aclu.org/issues/immigrants-rights/ice-

and-border-patrol-abuses/we-have-rights

• https://www.youtube.com/watch?v=FrK8aaGxRJE

WE HAVE RIGHTS VIDEO

SAFETY PLANNING

• Individuals should get INDIVIDUALIZED immigration

advice about their situation from an experienced

immigration attorney

• Every one should get legal assistance! But especially

clients with the following red flags:

• Prior contact with immigration authorities

• Prior deportation/removal orders

• Criminal history

• Where were you born?

• How did you get here?

• ICE detained you at the border?

• Lived in a group home in the past?

• Have you ever been in court?

• Do you have an immigration case number?

• Have you ever gotten a visa?

• Have you ever gone to your consulate?

QUESTIONS TO FLAG FOR IMMIGRATION STATUS?

FAMILY SAFETY PLANNING

• Children – Designating a caregiver• Temporary Parental Consent Agreement/POA v. Nonparental

Custody• Emergency v. short/long-term• Parenting plan between parents?

• Financial – Power of Attorney• Effective date- Upon detention or out of the country

• Gathering and Securing information• medical, financial including access to money, educational,

legal

• passports, SS card, birth/marriage certificates, etc.

• Communication- proposed caregiver, family members including children, schools, etc.

• If you know of a child at risk of being left alone, encourage safety planning: • Parents should fill out safety plan, gather documents and

designate a third party to serve in parental role

• Safety planning: medical, education and travel rights

• Physical plan: where is your bag of clothes, who are you going to call and where are you going to go?

• Children under 18 left alone…• CPS should step in

• If child does not want CPS to step in, other options are: third party custody, temporary consent (safety plan)

• In King County, contact LCYC

• Other counties, may depend on age of child

WHAT IF CHILDRENARE LEFT ALONE IN THE U.S.?

• Can check to see if parent is in ICE custody through

website: https://locator.ice.gov/odls/#/index

• If parent is at Northwest Detention Center, call

NWIRP Tacoma and leave a message with name

and A# to see if they can schedule parent for LOP

workshop: 206-957-8699

• Visitation

• Contact NWDC to see days and times allowed

PARENT UNAVAILABLE

FAMILY SAFETY PLANNING RESOURCES

www.washingtonlawhelp.org --- under Immigration

• Children Safety Planning & Temporary Parental Consent Agreements- FAQ and sample form

• Durable Power of Attorney for Finances- sample form-specifically for detained parents

• Family Preparedness Plan- Tips, checklist of important documents, contact info form

• Immigrant Safety Plan for Youth and Children

• Nonparental Custody- FAQs

• Know Your Rights- when encountering immigration agents and law enforcement

OTHER RESOURCES

• Know Your Rights cards

• https://www.nwirp.org/resources/know-your-rights/

(in various languages)

• NWIRP on FACEBOOK

• Immigration 101 for service providers

REMOVAL (DEPORTATION) PROCEEDINGS

• Process to determine if an individual should be deported from the United States

• Two questions:• Is the individual deportable?

• If so, does he or she have a defense to deportation?• Asylum, cancellation, etc…

• Who is deportable?• Non-U.S. citizens with no status or expired status;

• Green card holders (LPRs), usually for criminal conviction

HOW DO PEOPLE END UP IN REMOVAL?

• Interaction with Criminal Justice System:• ICE detains an individual after he/she was in jail, or after

release at a probation office or courthouse.

• Filing an application that is denied:• USCIS refers the case to ICE, who files a Notice to

Appear with the Immigration Court

• Seeking asylum at the border:• Individual turns him/herself in at the border requesting

asylum; most are under mandatory detention

• Other interactions with ICE and Border Patrol: Stopped at the border, checkpoints, etc…

CONTRAST WITH CRIMINAL SYSTEM

IMMIGRATION COURT

• Two courts in our region:

• Seattle: For non-detained cases;

• Tacoma: Detained cases at NW Detention Center

• Important: There is NO right to an appointed

attorney in immigration court if the person cannot

afford 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!!!

TACOMA IMMIGRATION COURT

NORTHWEST DETENTION CENTER

• Operated by The Geo Group (private contractor)

• Location

• Port of Tacoma

• Size

• In late 2009, expanded from 1000 to 1575 beds

• Government agencies on site

• EOIR (Tacoma Immigration Court)

• ICE (incl. Deportation Officers and ICE Trial Attorneys)

WHO IS AT THE DETENTION CENTER?

• Asylum-seekers

• Asylees and refugees

• Undocumented immigrants

• Lawful permanent residents

• Visa overstays

• Mentally ill

• Pregnant women

• LGBTQ

• Survivors of human trafficking

• Unaccompanied Youth

• Population = ~ 88% male; from > 70 countries, but > 80% from Mexico and Central America

• Length of detention = 2 weeks to 4 years (or more)

CHALLENGES FACING DETAINEES

• No Legal Representation!

• Separation from Family and Other Support

• Language Barriers

• Lack of Services (rehabilitative, educational, etc.)

• Lack of Recreation and Jobs

• Mental Health Issues

• Seattle (Island, King, San Juan, Skagit, Snohomish, and Whatcom):• Call 206-587-4009 or 800-445-5771

• Tacoma (Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skagit, Skamania, Thurston, and Wahkiakum counties.):• Main line: (206) 816-3893 or Toll Free: (800) 493-4273• E-mail: TSUintake@nwirp.org

• Wenatchee (Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties)• 509-570-0054 or 866-271-2084

• Granger (Adams, Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Yakima, Walla Walla, and Whitman counties)• 509-854-2100 or 888-756-3641

• Tacoma – DETAINED Individuals• Email: Tacoma@nwirp.org

• Phone: 253.383.0519 or Toll Free: 877.814.6444

• If possible, specify issue: asylum, citizenship, domestic violence, removal, detention, family visa

• Must leave a message with name and phone number• We cannot take every case• NWIRP protects confidentiality

NWIRP INTAKE PROCESS

• Nonprofit Agencies: • National Immigration Legal Services Directory:

• www.immigrationadvocates.org/nonprofit/legaldirectory/

• Executive Office for Immigration Review Roster of BIA-Recognized Agencies:

• www.justice.gov/eoir/find-legal-representation

• Private Immigration Attorneys: • American Immigration Lawyers Association (AILA) Referral Service:

• www.ailalawyer.com

• Non-Immigration Legal Questions: • CLEAR Hotline: *211

• www.washingtonlawhelp.org

LEGAL RESOURCES

CONTACT INFORMATION

Anna Rae Goethe – Staff Attorney

Northwest Immigrant Rights Project – Tacoma

206-957-8661

annarae@nwirp.org

Lindsay Lennox – Staff Attorney

Northwest Immigrant Rights Project – Seattle

206-957-8626

Lindsay@nwirp.org