Adiyah Ali, Kids In Need of Defense Adiyah Ali, Kids In Need of Defense (DC)(DC)

Gabriele Ross, Homeless Liaison, Gabriele Ross, Homeless Liaison, Evergreen School District (WA)Evergreen School District (WA)

November 7, 2011November 7, 2011 1

Immigration and Schools: Supporting Success for Undocumented Unaccompanied Homeless Youth http://www.naehcy.org/dl/immig.pdf

EOIR list of Free Legal Services Providershttp://www.justice.gov/eoir/probono/states.htm

ACLU’s Immigrant Services Directory: Public Resources for Intake Referrals http://www.aclu.org/immigrants-rights/immigrant-

services-directory-public-resource-intake-referrals2

Children with families who don’t have lawful statusUnaccompanied youth

Over 8,000 placed in U.S. custody each year Children under 18 who come to the US without a parent or

legal guardian and have no parent or legal guardian in the U.S. available to provide care and physical custody

An unknown number of others come with family but are separated after they cross the border

Some may be in immigration proceedings, others may not Fleeing human rights abuses, poverty, natural disasters

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Immigrants: intend to remain indefinitelyNon-immigrants: temporary and specific

purposeLawful status: have permission to be in the US

and compliant with termsWithout status/out of status/undocumented:

Without permission and/or noncompliant

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Dept. of Homeland Security (DHS)US Citizenship and Immigration Service (USCIS) Immigration of Customs Enforcement (ICE)Customs and Border Protection (CBP)

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Dept. of Health & Human Services (HHS) Office of Refugee Resettlement (ORR)

Unaccompanied Refugee Minors Program (URM)

Division of Unaccompanied Children’s Services (DUCS)

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The same right to attend public school as citizens. Plyler v. Doe (Supreme Court, 1982)

Schools cannot require immigration documents or social security numbers for enrollment.

Schools (except in Alabama) cannot ask any immigration questions or “chill” enrollment.

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New guidance from USED: http://www2.ed.gov/about/offices/list/ocr/letters/

colleague-201101.pdf http://www2.ed.gov/about/offices/list/ocr/docs/dcl-

factsheet-201101.html"Recently, we have become aware of student

enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law.”

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Do not call immigration authorities.Do not tell others at school or in the community.Do support them as you would support other

families and youth.Do offer information about immigration

advocacy and service providers.Do not interfere with an active immigration

investigation.

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Vocational services may require social security numbers or employment authorization.

Public benefits may require immigration documentation.

States may require immigration documentation to obtain ID’s and driver's licenses.

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Undocumented immigrants can apply to public colleges and universities, except for those in AL, GA and SC.

TX, CA, NY, UT, IL, WA, NE, NM, OK, KS, MD, CT and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants.

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Federal and most state (except NM and TX) financial aid require immigration documentation.

Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented. However, if the student or parents supply a fake or

stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.

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Potential Paths to Legal StatusIt’s important for youth to start the

process early.It’s important for youth and families to seek

legal assistance!

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Asylum– People who have suffered persecution, or face a reasonable possibility of persecution, in their home country, on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

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Possible grounds for asylum for unaccompanied children in the United States: Recruitment as a gang member or child soldier Child forced into prostitution, or marriage Female genital mutilation Political activity of child or her/his parent Child targeted on basis of sexual orientation Vulnerability as a street child or victim of domestic

violence15

Special Immigrant Juvenile Status (SIJS) —For children who cannot reunify with their

parents due to abuse, abandonment or neglectDetermination by a state “juvenile” court is a

prerequisite to applying for SIJS Can lead to lawful permanent status

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Eligibility criteria Unmarried & under 21; subject to state law age limits Abuse, abandonment, neglect or similar maltreatment Not viable to reunify with parents Not in best interests to return to country of origin Dependent on juvenile court or placed in custody, in

accordance with state law

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U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help).

Being a victim of child abuse meets the first criterion, if the abuse would also be a crime.

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Violence Against Women Act (VAWA) -- Youth who are being abused by a parent or other adult who is a legal resident or citizen with whom child resides.

Extreme cruelty – can be physical, emotional or mental.

Children can also be included on an abused parent’s application.

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Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; OR

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, debt bondage or slavery.

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1. Share information about the rights of students who are undocumented and those who are homeless.

Collaborate with immigrant-serving agencies in your community.

Help youth navigate higher education admissions and financial aid.

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2.Do not assume that all youth have lawful immigration status.

Keep in mind that some youth may not have immigration documents when planning activities, such as voter registration events, vocational opportunities, or field trips requiring identification.

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3.Never push for information about a youth’s or family’s immigration status.

It’s illegal for schools.However, staff should remain open to

talking about immigration issues if youth disclose their status.

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4.If you become aware that a youth is undocumented, encourage him or her to seek legal help immediately.

Inform the youth that, most likely, it will be easier to obtain legal immigration status before turning 18 years old.

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If requested, assist youth in connecting with a reputable legal services agency.

Assure the youth that legal services agencies are required to maintain confidentiality.

Assist attorneys in building a relationship and trust with the youth.

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5.Support youth through the immigration process.

Help compile documents the youth will need.

Provide a mailing address for immigration notices.

Remind youth about immigration-related appointments and support their attendance.

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Papers: Stories of Undocumented Youthhttp://www.papersthemovie.com/Legal Issues for School Districts Related to the

Education of Undocumented Children (National School Boards Association and National Education Association, 2009)

http://www.nea.org/assets/docs/09undocumentedchildren.pdf

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Kids in Need of Defense (KIND) www.supportkind.org202-824-8680info@supportKIND.org

Local Catholic Charities offices, other legal services organizations in your community

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The College Boardhttp://professionals.collegeboard.com/guidance/financial-

aid/undocumented-studentshttp://professionals.collegeboard.com/profdownload/

young-lives-on-hold-college-board.pdfThe Dream Act Portal

http://dreamact.info/Dream Activist

http://www.dreamactivist.org/

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Scholarships for undocumented students http://maldef.org/leadership/scholarships/resources http://www.getreadyforcollege.org/pdfGR/

ScholarshipsUndocumented.pdf http://www.migrant.net/migrant/scholarships.htm

Educators for Fair Consideration http://www.e4fc.org/

Information for federal financial aid for unaccompanied youth with lawful statushttp://www.naehcy.org/higher_ed.html

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NAEHCY http://www.naehcy.org/

NCHE http://center.serve.org/nche/

Runaway Switchboardhttp://www.1800runaway.org

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