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Immigrants in Maine's Schools:  Immigrants in Maine's Schools:  An Overview of Immigration Law An Overview of Immigration Law

and Other Issues Affecting and Other Issues Affecting Students and FamiliesStudents and Families

Beth Stickney, Esq.Beth Stickney, Esq.Executive Director,Executive Director,

Immigrant Legal Advocacy ProjectImmigrant Legal Advocacy Project

November 22, 2010November 22, 2010

Maine Department of Education ESL/Bilingual Programs Maine Department of Education ESL/Bilingual Programs

Professional development online webinarProfessional development online webinar

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IMMIGRATION LAW BASICSfor Educators

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ILAP is Maine’s only statewide nonprofitprovider of free & low-fee comprehensiveimmigration law and related legal aid

Office is in Portland; satellite hours inLewiston; toll-free access for Mainers farfrom Portland at 800-497-8505

Intake on Fridays 9 – 1. More informationat www.ilapmaine.org

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Who Are Maine’s Immigrants?

Each year, ILAP serves immigrants fromover 100 countries of origin, now living inall 16 Maine counties

Refugees are a small percentage of allimmigrants in Maine

Maine likely has more Latin Americansthan Africans

Census 2010 numbers will likely greatlyundercount Maine’s immigrants

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In 2008, 3.0 percent of Maine's total population were foreign-born (or immigrants), compared to 2.9 percent in 2000 and 3.0 percent in 1990.

At the national level, the foreign-born population represented 12.5 percent of the total population in 2008, compared to 11.1 percent in 2000 and 7.9 percent in 1990.

Between 2000 and 2008, the foreign-born population (or immigrants) of Maine changed from 36,691 to 39,378, an increase of 7.3 percent. In comparison, between 1990 and 2000, the foreign-born population changed from 36,296 to 36,691, an increase of 1.1 percent.

At the national level, between 1990 and 2000 the foreign-born population increased by 57.4 percent, and between 2000 and 2008 increased by 22.0 percent.

56.7% of immigrants (or 22,315 people) in Maine were naturalized U.S. citizens in 2008—meaning that they are eligible to vote. More than four in five (or 84%) of children in Maine’s immigrant families were U.S. citizens in 2007.

Migration Policy Institute/MPI Data Hub: MAINE Social & Demographic Characteristicshttp://www.migrationinformation.org/datahub/state.cfm?ID=ME

Immigration Policy Center / American Immigration Councilhttp://www.immigrationpolicy.org/just-facts/new-americans-pine-tree-state

Maine’s immigrant population - 2008

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What Legal Statuses do Immigrantsin Maine have?

There are dozens upon dozens of immigration statuses

All children have the Constitutionalright to attend K-12 public schools,regardless of immigration status

Just a few of the myriad immigrationstatuses will be described here

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Immigration Statuses Undocumented (no visa, or violated visa) Nonimmigrant (temporary visa) Temporary Protected Status (TPS) Application for permanent status pending

(may have or be eligible for a “work permit”) Petition for residency pending (no work permit) Refugee or Asylee Parolee Permanent resident (2 or 10 year “green

card”- residency card) Naturalized U.S. citizen

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Undocumented Includes persons who entered without a visa, with a

fraudulent document, or with a nonimmigrant visa butthen stayed too long, or otherwise didn’t complyw/visa. May or may not be in removal proceedings.Often in “mixed status” households – spouse isresident or citizen, has US citizen children, etc.

Concerns: How to get legal status / a work permit Worry about being detected by Immigration

Authorities (ICE/CBP) Worry about getting employers, household members

in trouble If have children, worry that signing children up for

benefits the children are entitled to will causeimmigration problems (detection/denial of residency)

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Nonimmigrants

Includes tourists, students, temporaryworkers. Concerns include:

How to extend their stay How to get a work permit (unrestricted) How to get permanent residency F-1 students in public schools – can only attend one

year, and must pay tuition. If host family takesguardianship so that student can attend w/o paying,student will be barred for 5 years from extending orreceiving another visa (so could not, for example, get F-1to attend US university for 5 years)

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TPS Holders

TPS allows certain people to stay and work in theU.S. due to natural or civil crises in their homecountries. Usually have work permits. Concerns include: How to get family here How to get permanent residency Will receiving government benefits affect their

ability to become permanent residents Currently in Maine, many Hondurans,

Salvadorans, and some Haitians, Somalis andSudanese have TPS

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Applicants for permanent status

Includes persons applying for asylum, personsapplying for permanent residency. May be inremoval proceedings. Concerns include:

Whether their cases will be denied Whether they have enough income to be

approved for residency Whether they are putting their US citizen or

resident family members at risk Whether their family members abroad are

safe, and whether and when they’ll be able tobe together again

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Petitions pending for residency

Includes spouses and children of permanent residents,married or over 21 year old children, and siblings ofU.S. citizens. Also sometimes employees petitionedfor by their employers.

Concerns include: Can they get work permit Will they be found and deported before they can

immigrate Whether they are putting their US citizen or resident

family members at risk Will they have complications once they are eligible to

start the final paperwork to immigrate – including,does their family earn enough money – must earn125% of the federal poverty guidelines.

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Refugees and Asylees

Refugees apply for protection from outside theU.S. Asylees do so from inside the U.S.Concerns include:

For refugees and asylees: how to be reunitedwith/safety of, family members abroad

For asylees: can they get work permit For asylees: will their application be denied For both: how to get residency For both: how to be reunited w/ spouses,

children, other family members For asylees: what happens if there’s divorce

before residency granted

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Parolees

“Parolees” are people who don’t qualify for othervisas but are let in for humanitarian or nationalinterest reasons. Parolees in Maine sometimeshave status similar to refugees, or another statusaltogether, but in any case can stay here as longas parole status is unexpired and no other lawsare violated. Concerns include:

how to get residency concerns for family members left behind public benefits eligibility (some are paroled in for

medical treatment, but need to survive betweentreatments)

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Permanent residents

May have gained residency through a variety ofways. Concerns include:

How to get other immediate family membershere

Will public benefits affect ability to help familyimmigrate, or to become a US citizen

How to become a citizen If permanent resident through marriage to a

US citizen, what impact will separation ordivorce have on status (especially immigrantsin domestic violence situations)

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Naturalized U.S. citizens

Generally, a person is eligible to apply fornaturalization to U.S. citizenship if s/he:

Is over 18 has had residency for 5 years has good moral character can speak, read and write English can pass a test of understanding of US history

and civics some exceptions are available for the

English/history requirement.

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How do people immigrate?There are 4 general ways that people canimmigrate (get permanent residency) to the U.S.: Through a grant of refugee or asylee status Through immediate family members (residents can

filefor spouses and unmarried offspring; citizens canadditionally file for married offspring, parents andsiblings) – long waiting lists apply for most relatives

Through employers (professional level employment) Through the “Visa Lottery” – 50,000 visas each year

available to individuals with at least a high schooleducation or skilled trade – one computerized entryallowed each year.

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Barriers to immigration Endless background checks Law is biased against low-income people

(threshold income must be proven by U.S.citizens or residents who want theirspouses/children etc. to immigrate)

Lack of documents to prove relationships (forexample, no birth certificates are available fromSomalia to prove a parent/child relationship)

Lack of money to pay for air fare to bring familyfrom abroad

Many others

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Global Concerns for Immigrant Families

Family reunification Jobs, school, living conditions, money,

supporting family abroad etc. Impact of contact with the criminal justice

system on immigration status (especiallyparents concerned about their childrengetting into trouble)

Domestic violence issues Public benefits eligibility – accessing benefits

during hard times; not being cut off due towelfare reform laws

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Special Concerns for Immigrant Students

If undocumented: How attend college? (legal status notrequired to attend, but can’t qualify for federal financialaid if undocumented)

Racial profiling: In Maine, people of color are frequentlystopped by police and asked for their immigration papers

Students should be encouraged to take charge of theirown immigration status – if they are in a status thatleads to citizenship eligibility, usually much easier forthem to become citizens than their parents because theylearn English more quickly etc. (but should NOT fileanything with Immigration if they’ve ever been hadcontact with Police, until they’ve consulted animmigration lawyer)

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Tips for K-12 Educators

Never ask for immigration status (unless

there’s a grant that requires it) Never exclude an immigrant child from

school based on concern about

immigration status (unconstitutional) Cont’d…

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Tips for K-12 Educators, cont’d If a host family of a foreign exchange student asks whether the

student could attend for free if they take legal guardianship of thestudent, advise them to consult with an experienced immigrationlawyer immediately (they could seriously prejudice the student bydoing this)

Do not fill out immigration forms for immigrant parents or students,even if you have become close to a family. Immigration applicationsare far more complicated than just the questions on the formsthemselves.

Refer families with immigration issues or questions to ILAP (ourservices are free or low-fee depending on income). If a family isabove ILAP’s income guidelines, we can refer to competentattorneys. See www.ilapmaine.org for our intake hours.

If a family wants you to talk to us about them, have them sign arelease giving us permission to talk with you about them. We willneed you to fax this to us for our records.

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CONTACT

with any questions about immigration orrelated issues

ILAP www.ilapmaine.org309 Cumberland Avenue, Suite 201PO Box 17917, Portland, ME 04112780-1593 or 800-947-8505

Intake of new clients: Fridays 9:00-1:00,In-person or by phone.

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Thank you

www.maine.gov/education/esl/webinars/index.html