“…one day, my fears were realized. I came home from school to an empty house. Lights were on and dinner had been started, but my family wasn’t there.”

‘Orange is the New Black’ actress: My parents were deportedBy DIANE GUERRERO

In “Orange Is the New Black,” I play Maritza Ramos, a tough Latina from the ‘hood. In “Jane the Virgin,” I play Lina, Jane’s best friend and a funny know-it-all who is quick to offer advice. I love both parts, but they’re fiction. My real story is this: I am the citizen daughter of immigrant parents who were deported when I was 14. My older brother was also deported.

My parents came here from Colombia during a time of great instability there. Escaping a dire economic situation at home, they moved to New Jersey, where they had friends and family, seeking a better life, and then moved to Boston after I was born. Throughout my childhood I watched my parents try to become legal but to no avail. They lost their money to people they believed to be attorneys, but who ultimately never helped. That meant my childhood was haunted by the fear that they would be deported. If I didn’t see anyone when I walked in the door after school, I panicked. And then one day, my fears were realized. I came home from school to an empty house. Lights were on and dinner had been started, but my family

wasn’t there. Neighbors broke the news that my parents had been taken away by immigration officers, and just like that, my stable family life was over. Not a single person at any level of government took any note of me. No one checked to see if I had a place to live or food to eat, and at 14, I found myself basically on my own.

Immigrant AdvocateWinter 2014

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Advocating for Unaccompanied Immigrant ChildrenIn FY 2014 alone, approximately 60,000 unaccompanied immigrant children fled Central America in the hopes of escaping violence in their home countries, even at the risk of further danger in their journey to the United States. Approximately 5,000 of these children now reside in California and are in accelerated deportation proceedings.

Recognizing this as a humanitarian crisis, the ILRC is helping immigrant children access legal services. Unaccompanied Minor Law Fellow, Rachel Prandini, joins ILRC with the specialized expertise to aid us in better serving the immigrant child population. Through collaborations with allies, we are increasing awareness of the legal options available to help immigrant children, many of whom qualify for Special Immigrant Juvenile Status (SIJS). SIJS is a pathway to lawful permanent residency for youth who cannot reunify with one or both parents due to abuse, neglect, or abandonment.

This fall, ILRC partnered with U.S. Citizenship & Immigration Services to educate county stakeholders such as juvenile court judges and attorneys on the state court’s role in allowing children to access legal relief via SIJS. State court judges often have limited experience with immigration law; our efforts provide information on the availability of humanitarian legal relief options and their role in assisting immigrant children in accessing them.

The Immigrant Legal Resource Center works to mitigate the risk of deportation by engaging various individuals and systems advocating on behalf of children. Through our efforts, we aim to prevent children from being lost in the system after already suffering unimaginable traumas. To further assist immigrant youth, ILRC reached out to stakeholders outside of the legal realm, including:

• “First responders,” such as educators, social workers, law enforcement, and hospital workers who may have initial contact with immigrant youth, even before an immigration attorney; and

In Memory of Dick Odgers The Immigrant Legal Resource Center (ILRC), along with the legal community and social justice advocates, mourn the passing of our dear colleague, Dick Odgers. We had the privilege of his support and service on our Board of Directors since 2002. Not only was he key to the success of the ILRC, he was, in the words and spirit of Dr. Martin Luther King, Jr., “a drum major for justice.” He was passionate in his support of immigrants and civil liberties, and cared deeply about the quality of legal services available to low-income people and others who are new to our country. He matched his passion with a keen strategic sense of how to get things done, and was indefatigable and inspiring in his work with his fellow board members and ILRC staff to help us turn our goals into reality. We will always remember him for his profound dedication to improving the lives of low-income, marginalized, and disenfranchised individuals and communities. The family has requested donations in his memory be made to multiple organizations including the Immigrant Legal Resource Center. Join us in remembering Dick Odgers and make a memorial gift in his honor. Please include in the comment field: “In Memory of Dick Odgers” when making a gift online.

Welcoming New ILRC Board MembersMichelle Mercer Michelle is passionate about organizations devoted to conflict resolution, immigrant and refugee rights, and women’s rights. In addition to the ILRC Board of Directors, she serves on three other nonprofit boards: Seeds of Peace, the Green Music Center at Sonoma State University, and a residential building association in San Francisco. Michelle graduated with honors from Stanford University in 1981 and from Stanford Law School in 1986. Her work history includes Legislative Aide to State Senator and Democratic Majority Leader Barry Keene, federal law clerk for US District Court Judge Thelton Henderson, and Development Director for the Coalition for Immigrant, Refugee, Rights and Services (CIRRS).

Michelle had a Rotary Scholarship which took her to Lima, Peru and has also lived in Hong Kong and London. She currently resides in San Francisco and Healdsburg, California with her husband Bruce Golden. Michelle and Bruce are co-owners of M-G Vineyards LLC in Sonoma County, California where they make wine and olive oil. They have two adult children.

Alan Tafapolsky Mr. Tafapolsky co-founded Tafapolsky & Smith after more than seven years of experience as an immigration attorney specializing in business immigration law. Prior to establishing Tafapolsky & Smith, Mr. Tafapolsky worked for five years as a Senior Immigration Associate in the law firm of Cooley Godward LLP in San Francisco, where he represented emerging growth companies and multinational corporations in the field of immigration law. Before relocating to California, Mr. Tafapolsky practiced immigration law at the firm of Carliner & Remes LLP in Washington, D.C.

Mr. Tafapolsky has post-baccalaureate degrees in Law, Employment Law, and Law and Diplomacy gained from the University of Wisconsin Law School, Georgetown University, and Tufts University Fletcher School of Law Diplomacy, respectively. He also possesses a Certification in Dispute Resolution from the Harvard Program on Negotiation. Mr. Tafapolsky is admitted to practice in five states, including California, and is a noted author in the field of business immigration law. Mr. Tafapolsky’s firm is committed to providing pro bono legal services to low income clients and to public service organizations.

Mawuena Tendar Mawuena holds a double Masters degree in Communication and Intercultural Management from the University of Paris La Sorbonne – CELSA, after completing undergraduate studies in Human Sciences and Philosophy. Before joining FABERNOVEL San Francisco in 2012, Mawuena worked as a strategic planner at Young & Rubicam. While there, she focused on developing marketing strategies and defining consumer trends for international brands.

In her current role as Senior Analyst, she works on strategic recommendations, analysis of behavioral trends and emerging technologies. She helps clients design new user-centric experiences and services. Over the last year, she has been working closely with The Knight Foundation, envisioning and designing a new service that eases the American naturalization process for low-income immigrants.

Retiring ILRC Board MembersThe ILRC would like to extend their deepest appreciation to Lee Zeigler and Larry Miao for their outstanding leadership and service. Your dedication to immigrant rights has assisted ILRC in growing our programs and increasing our services to the immigrant community. Thank you for your inspirational commitment and dedication, you have been instrumental in advancing the civil rights of all immigrants.

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“…a child who desperately feared returning to his home country would now be allowed to stay in the United States...”

Rachel Prandini ILRC Unaccompanied Minor Law Fellow

Borders never made sense to me. As a child growing up in rural California, I remember asking my dad about the family friend who worked in our apple orchard. “Where is Joaquin, Dad?” “He went to be with his family in Mexico. He’ll be back in a few months,” my father responded. Like any inquisitive child, I wanted to know: “Why does Joaquin’s family live in Mexico if he lives here?” In this way, the seeds of my lifelong journey with immigration law were planted.

Decades later, I was very fortunate to attend a law school that prioritized immigrants’ rights as civil rights. In 2008, during my second year of law school, I was introduced to the population of children that the media now refers to as “unaccompanied immigrant children.” I worked with youth detained by immigration authorities in Yolo County Juvenile Hall and was appalled to learn how our nation treats immigrant children. This is true both for children that have been brought to the U.S. at a young age and know no other home, as well as

those who have recently arrived to the U.S., traumatized and fleeing gang violence or other harms. In those early days, I was struck by the resilience of this population. I thought of my own childhood: how I had been protected and cared for and how my first solo journey took place at sixteen years old when I was first allowed to drive myself to school, whereas many of these children had already traveled across several international borders alone by that age. And though I saw traces of trauma in these children’s eyes, I also saw the strength of their spirits that propelled them to escape bad situations, to fight to stay in the United States where they knew they might survive and flourish, and even to laugh along the way.

When the opportunity later arose to work with unaccompanied children again, I felt incredibly lucky to be able to call these children my clients. I quickly realized these were the best clients I’d ever have. When my clients would call to tell me how things were going at home, I’d be reminded of the joys of lawyering – getting to be a part of someone’s life for a time, to share their story and to advocate on their behalf.

One particular day, I recall coming out of a long, complex hearing in court for a client whose case had just been granted. As usual, I was reviewing with him his new rights and responsibilities as a green card holder. When I had concluded my speech, I asked: “Do you have any questions?” thinking he might want to ask about how long it would take to get his green card, if he would have to come back to court, or other practicalities. Instead he replied, “Can I give you a hug?” His simple question brought me back from lawyer-land to reality:

a child who desperately feared returning to his home country would now be allowed to stay in the United States, where he was safe and properly cared for.

I carry these memories with me in my work at the ILRC every day. As I help to train, support, and assist attorneys representing unaccompanied children and other professionals working with this population, I remember the many stories I’ve heard in children’s detention centers, the faces of my former clients, and my childhood friend Joaquin, separated from his wife and children by thousands of miles and an international border. At the ILRC, I again find myself feeling very thankful to be working with immigrant children. I am also grateful to be at an organization whose work I have admired since I was a law student, one that so clearly lives out its organizational values of regarding all persons with dignity. In my fellowship position, I am fortunate to see the big picture issues that affect this population as I assist individual practitioners on specific cases. This bird’s eye view is incredibly important as we seek systems-level changes and push ahead to advance the rights of this vulnerable yet resilient population.

• Child welfare agencies, to assist them in better serving unaccompanied minors who may enter their systems. We hope that our work in northern California will serve as a model for child welfare agencies across the country.

ILRC’s 35 years of legal expertise and ability to provide written resources, as well as technical assistance in individual cases, increases access to legal relief for unaccompanied immigrant youth. We strive to provide those who directly serve the unaccompanied minor population the resources, relationships, and tools necessary to ensure that these children thrive in the United States. Through our policy and advocacy efforts, ILRC helps address the complex needs of this population and afford due process. For more information, visit our section on Remedies for Immigrant Children and Youth at www.ilrc.org.

Advocating for Unaccompanied Immigrant Children continued from front page...

Message from ILRC Unaccompanied Minor Law Fellow, Rachel Prandini

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The complexity and ever-changing nature of the federal immigration system limits understanding of immigration laws and procedures for social workers, dependency attorneys, and judges in the child welfare system. This can profoundly affect the decisions made about a child welfare case. Special immigration relief options are available to assist undocumented children and families who have suffered abuse, neglect, or other victimization to get lawful immigration status. Child welfare system stakeholders are often the first and only resource who can identify and help eligible immigrant children and families. If an immigration relief option is not identified early on, the child may forever lose the chance to obtain legal immigration status in the U.S.

SB 1064 is the first state law in the country to address the problems encountered when immigration enforcement and the child welfare system intersect. The law prioritizes keeping children with their families and out of the child welfare system whenever possible and ensures that separated families receive appropriate care and due process. SB 1064 prohibits considering a parent or guardian’s immigration status as a factor when deciding whether that person should be awarded custody; facilitates participation in child welfare proceedings by parents in immigration detention center or court proceedings; and requires that the California Department of Social Services provide guidance to social workers on referring children eligible for different forms of immigration relief. SB 1064 was signed in 2012, and with the recent influx of immigrant children in recent years, this legislation is now even more critical for the community.

The Immigrant Legal Resource Center (ILRC) is working to address the needs of immigrant children and families within the child welfare system in California. We are improving and augmenting the child welfare system’s immigration related policies, practices, and services to immigrant children and families while ensuring that SB 1064 is successfully implemented. Piloted in Fresno and Santa Clara County, the program serves as a model to extend into other counties. The project includes assessing current immigration policies, procedures, and cases; providing training, technical assistance, and resources, such as fact sheets and flyers on the law’s requirements as well as immigration options for youth; and drafting model policies. We additionally engage at the statewide level with the California Department of Social Services through their Latino Practice Advisory Council

and the Administrative Office of the Courts to ensure robust implementation of SB 1064 across California.

ILRC provides local and statewide trainings on the intersection between the child welfare and immigration systems in California to judges, law enforcement officials, dependency attorneys, Court Appointed Special Advocates, and social workers. Our Attorney of the Day program provides legal technical assistance accessible to social workers, dependency attorneys, and judges. ILRC serves as a community liaison with ICE in Northern California, facilitating relationships between stakeholders and the local ICE office. We have worked with several child welfare departments to create immigration protocols and policies and provide training and technical assistance to best serve immigrant children and families.

We are working with child welfare system stakeholders to ensure the best interests of children and their families are taken into account. Our outreach efforts will help system stakeholders understand the full spectrum of immigration relief options, particularly for undocumented foster youth to ensure legal status where eligible. ILRC’s network of immigrant advocates and plethora of resources will provide possible options for locating parents and providing resources to help keep families together. We are committed to improving the safety, permanence, and well-being for immigrant youth and increase chances of reunification for immigrant parents and children.

ILRC is among only a few organizations to publish resources on child immigrant issues. Some of our resources include: Immigrant Juvenile Status and Other Immigration Options

for Children and Youth (3rd Edition ILRC), Immigration Benchbook for Juvenile and Family Court Judges (2010 ILRC) and Living in the United States: A Guide for Immigrant Youth. In 2011, the ILRC partnered with the National Council of Juvenile and Family Court Judges to write, Special Immigrant Juvenile Status: Relief for Neglected, Abused, and Abandoned Undocumented Children for their Juvenile & Family Court Journal, Special Issue – Immigration Issues in the Juvenile and Family Courts, Volume 63, No. 1, Winter 2012. Most recently, ILRC attorney Angie Junck collaborated with the Annie E. Casey Foundation and Legal Services for Children to coauthor Noncitizen Youth in the Juvenile Justice System: A Practice Guide to Juvenile Detention Reform (2014).

The Reuniting Immigrant Families Act (SB 1064)

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“Though novel, the SIJS process may quite literally mean the difference between life and death for some children facing deportation.”

The number of unaccompanied minors arriving at the US southern border in 2014 has been unprecedented, with California receiving a large number of these children. The California legislature made great strides in assisting these vulnerable children through the passage of SB 873, which will give them greater access to justice in both federal immigration and state courts. California attorneys have opportunities to leverage this new law in at least five specific ways.

California’s new law, SB 873 (Stats 2014, ch 685, SB 873 effective September 27, 2014), appropriates $3 million to provide legal representation for unaccompanied minors in removal (deportation) proceedings, because children otherwise have no right to government-funded representation in immigration court.

The law also includes provisions on consideration of Special Immigrant Juvenile Status (SIJS) petitions by state courts. SIJS is a path towards legal status for children who have been abandoned, abused, or neglected by a parent; these petitions are unique in that children must have findings from a state court before they can even apply for SIJS with the federal government.

SB 873 can be a powerful tool in the work to help unaccompanied minors. For those who work in this area regularly, and for the many more who are stepping up in this crisis, here are five tips to help you leverage SB 873 to improve practice in state court for SIJS petitions:

1. Cite the law to establish family court jurisdiction. Because the new law now squarely identifies family courts as one type of court with jurisdiction to make SIJS findings, practitioners can cite to this statutory language instead of making extensive arguments about jurisdiction.

2. Push for state court findings. Practitioners can leverage the statutory language imposing an affirmative duty on state courts to enter SIJS findings to argue that courts must make these findings when sufficient evidence exists.

5 Ways to Leverage California’s New Unaccompanied Minors Law

This material is reproduced from the CEBblog™ entry, 5 Ways to Leverage California’s New Unaccompanied Minors Law, (http://blog.ceb.com/2014/11/19/5-ways-to-leverage-californias-new-unaccompanied-minors-law/) copyright 2014 by the Regents of the University of California. Reproduced with permission of Continuing Education of the Bar - California. (For information about CEB publications, telephone toll free 1-800-CEB-3444 or visit our Web site, CEB.com).

Posted on November 19, 2014 by CEB

The following is a guest blog post by Rachel K. Prandini, Unaccompanied Minor Law Fellow/Attorney at the Immigrant Legal Resource Center in San Francisco.

3. Argue that the child’s declaration is enough. When judges are requesting additional evidence of abandonment, abuse, or neglect that isn’t available, practitioners can cite to the language of SB 873 to argue that a declaration from a child should be sufficient.

4. Keep the child’s immigration status confidential. In proceedings that aren’t otherwise confidential (e.g., guardianship), practitioners can now rely on SB 873 to object to the release of confidential information on a child’s immigration status in their SIJS petitions. Moreover, records relating to a child’s immigration status or SIJS petition that aren’t otherwise confidential under state law may now be sealed.

5. Remind state court judges of their role. On September 30, 2014, the Judicial Council of California published a Memorandum on “Senate Bill 873 and the Special Immigrant Juvenile Process in the Superior Court,” which was sent to all presiding judges, court executives, and appellate courts to provide additional information on current law and SB 873. Practitioners can point to positive treatment of SIJS petitions in the Judicial Council memo to remind judges that it’s within their proper role to consider and make SIJS findings.

As many more practitioners step up to address the needs of the unaccompanied minor population in California, SB 873 will be crucial to facilitating practice in state courts. Though novel, the SIJS process may quite literally mean the difference between life and death for some children facing deportation.

For more on Special Immigrant Juvenile Status, including discussion of eligibility and procedures, turn to CEB’s California Guardianship Practice §§11.27-11.40. Get practical advice on helping children who enter the California juvenile dependency system—which may happen if immigrant children are abused/abandoned after finding a sponsoring family in the US—in CEB’s California Juvenile Dependency Practice, chap 2. On enforcement of child custody and visitation matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Hague Convention on the Civil Aspects of International Child Abduction, see California Child Custody Litigation and Practice, chap 20.

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The ILRC has played a leading role in working directly with members of Congress and the Administration in advocating for immigrant rights in Washington, D.C. When a bipartisan group of Senators passed a comprehensive immigration reform bill (S.744) in 2013, the ILRC led advocacy efforts to push Congress to ensure just and fair immigration reform for all immigrants, including those with prior contact with the criminal justice system. ILRC was one of only three national organizations spearheading efforts to minimize the ineligibility bars to legalization. We helped block further expansion of mandatory deportation laws, and rolled back laws from 1996 that stripped immigration judges of their discretion. Our efforts resulted in the inclusion of provisions in S.744, defeating provisions targeting youth of color for deportation and restoring judicial discretion. These provisions allow more families to be eligible for legalization and to stay together in the United States.

ILRC also developed bilingual community educational materials detailing legislative proposals like the SAFE Act (HR 2278) which expanded the reasons why people could be subjected to mandatory detention then deportation or immediate deportation. Community based organizations used these resources to inform and organize advocates to oppose harsh immigration bills like the SAFE Act.

The ILRC vehemently urged the President to take generous executive action and provide relief from deportation to immigrants in the United States. ILRC’s efforts surrounding executive action focused on ensuring that the largest numbers of people are eligible for administrative relief, and encouraged maximum participation by those eligible for relief. We call on Congress to do what is right and pass legislation that allows immigrants to fully contribute to their communities and create a system reflecting our nation’s values of due process and justice.

Throughout 2014, the ILRC has been preparing for the announcement of administrative relief through a statewide coalition and a national partnership. We are also collaborating with other advocates across the country in developing recommendations to the Administration about the application process to ensure maximum participation by potentially-eligible people.

Ready CaliforniaThe ILRC and Catholic Legal Immigration Network, Inc. (CLINIC) are leading the first statewide immigration legal services coalition in preparation for administrative relief through Ready California. Administrative relief could impact as many as 1,214,000 undocumented immigrants, and if these immigrants receive temporary work permits, it could lead to $904 million in additional tax revenue for the state.

Advocating for Immigration Reform and Preparing for Administrative Relief

Ready California combines the experience of the ILRC with ten other established organizations at the forefront of providing immigration services. Together, we are working to prime our allies, legal service providers, and the immigrant community by:

• Identifying areas with limited resources and building the capacity of existing service providers to better serve the immigrant community;

• Creating materials and sharing effective practices for outreach, education, and service delivery; and

• Refining and developing models for effective and efficient mass service delivery.

According to a study by the Urban Institute, the ratio of undocumented immigrants to nonprofit legal service providers in California is 22,973 to 1. To combat the stark shortage of legal services, Ready California is assisting organizations in becoming Board of Immigration Appeal (BIA) recognized and accredited through e-learning courses including program management, training, support, and application assistance.

This coalition is vital to prioritizing the attention of organizations statewide to effectively implement the recently announced administrative relief program. Ready California is collaborating with stakeholders who work with or serve the immigrant community including schools (youth and adult), libraries, unions, local governments, consulates, and healthcare providers, and others. ILRC and its partners are working tirelessly to ensure communities have access to resources for administrative relief. An informational website for stakeholders will soon be available.

Committee for Immigration Reform Implementation (CIRI)ILRC’s presence in Washington, D.C. has allowed us to take a lead role in our nation’s efforts in advocating and planning for executive action through a coalition of allies across the country called the Committee for Immigration Reform Implementation (CIRI). We actively participate as a member of CIRI’s steering committee and co-chair the Technical Assistance & Training Committee and the Advocacy Committee. More than a dozen fact sheets and guides were developed by ILRC in preparation for administrative relief and materials are being continuously created as we learn additional information about the programs and process. As an integral part of these committees, ILRC offers over three decades of legal technical assistance and policy advocacy expertise in creating resources for service providers and for the immigrant community. These resources can be found at www.ilrc.org under our Policy and Advocacy section as well as at www.adminrelief.org.

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New Americans Campaign UpdateInto its fourth year, the New Americans Campaign has made tremendous strides in transforming the way aspiring citizens navigate the path to becoming new Americans. With over 100 campaign partners, ILRC is sharing best practices, promoting innovation, and forming collaborative partnerships to better serve our community.

New Americans Campaign Annual Conference

The New American Campaign’s second annual United for Citizenship conference took place May 8-9, 2014 in New York City. Following the conference was a successful large Group Processing Workshop on May 10. Unlike a typical conference with external consultants, the NAC conference is a peer-to-peer, network-building, best practices exchange. Over 150 people engaged in the conference from 21 locations across the country. Visit www.newamericanscampaign.org for more information and a video from the event.

Over $118 million in savings to LPR communities

136,000 completed applications

34,500 fees waived

2,100 events

Deferred Action for Parental Accountability (DAPA)Deferred action provides a temporary protection from deportation. Through it, a person is authorized to remain in the United States temporarily and to receive employment authorization. Being granted deferred action does not provide a path to lawful permanent resident status or U.S. citizenship. DAPA applies to an individual who:

• Is the parent of a U.S. citizen or legal permanent resident as of November 20, 2014;• Continuously resided in the United States since January 1, 2010;• Was physically present in the United States on November 20, 2014;• Had no lawful status on November 20, 2014;• Presents no other factors that would cause USCIS to deny the request in its exercise of discretion; and• Is not an enforcement priority, defined as: people suspected of terrorism, gang associations, or significant visa abusers,

recent unlawful border crossers; and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors.

Expansion of Deferred Action for Childhood Arrivals (DACA)The Deferred Action Memo makes three major modifications to the DACA program:

1. It removes the age cap. The Deferred Action Memo eliminates the requirement that an individual be under the age of 31 on June 15, 2012.

2. The start date for the continuous residence period is advanced from June 15, 2007 to January 1, 2010. Thus, under the new changes, an individual must have resided in the United States continuously from January 1, 2010 to the present.

3. Effective November 24, 2014, all first-time DACA approvals as well as all DACA renewals shall be effective for three years instead of two. U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications under the new criteria by February 18, 2015.

ILRC is making administrative relief resources available as they are ready. Visit the Policy and Advocacy section of our website at www.ilrc.org or documents that the ILRC helped draft on the CIRI website at www.adminrelief.org.

Administrative Relief: DAPA and DACAThe ILRC has advocated on behalf of DREAMers and their families for years and with the onset of administrative relief, we can now help keep even more families together. On November 20, 2014 President Obama’s announcement expanded Deferred Action for Childhood Arrivals (DACA), increasing eligibility to an estimated 300,000 additional people. Furthermore, the new policy Deferred Action for Parental Accountability (DAPA) will bring protection to approximately 3.7 million parents of U.S. citizens and legal permanent residents. ILRC is working with allies to ensure the immigrant community and advocates have the most accurate and current information to facilitate administrative relief.

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“When the ability to drive was legally revoked from undocumented immigrants in 1994, ILRC worked tirelessly to reinstate this right.”

Protecting Immigrants Against Fraud

In pursuit of the American Dream, too often immigrants fall prey to scam artists promising an easy path to legal status only to be cheated out of their hard-earned money, and often put at risk of deportation.

To combat this problem, particularly after the announcement of administrative relief, ILRC is distributing 125,000 brochures to warn immigrants about typical immigration fraud scams. ILRC’s newest brochure: “Protect Yourself! Learn How to Get the Best Available Immigration Help,” is currently available in Spanish and English educating immigrants on how to find the best legal service provider.

On January 1, 2015, an estimated 1.4 million undocumented immigrants will be eligible for a California driver’s license. When the ability to drive was legally revoked from undocumented immigrants in 1994, ILRC worked tirelessly to reinstate this right. Finally, after almost two decades of community advocacy, Governor Brown signed into law the Safe and Responsible Driver Act (AB 60) last year. Lauded as a victory, it grants driver’s licenses to immigrants regardless of legal status.

As a member of the Drive California coalition, ILRC has participated in statewide advocacy on issues including confidentiality, driver’s license design, discrimination, and accessibility. AB 60 licenses serve as permission to drive and as state identification. However, a person cannot use an AB 60 license in the same manner as a regular driver’s license, such as showing proof when voting, working as an employee, or entering restricted areas of a federal building. Nevertheless, the importance of this victory cannot be overstated. Undocumented families in California will now be able to drive to work, daycare, and the grocery store without the fear of being pulled over for driving without a license and then being referred to immigration authorities for deportation. Running errands and other daily tedium we take for granted could cause severe repercussions for someone without a license, such as the substantial cost of an impounded car or even a deportation, but in January this will finally change. Providing licenses regardless of immigration status will keep Californians safe, ensuring all drivers have passed the written and driving tests, possess licenses, and carry insurance.

The California Department of Motor Vehicles (DMV) has collaborated with immigrant advocates to ensure accessibility.

The DMV has added appointment times and even opened satellite offices to account for the influx of expectant drivers. To help identify eligible applicants, on November 17th the DMV passed emergency regulations effective for 180 days. These regulations expand documents required as proof of identity for undocumented immigrants, potentially reducing costs that might otherwise be a deterrent to applying for a license.

ILRC has partnered with community leaders and organizers to create resources and ensure the community is well-informed. With Drive California, ILRC conducted presentations and related methods of gathering documents and conducting background checks. Recently, ILRC co-sponsored a seven-series driver’s license study group with community organizer Silvia Ramirez in preparation for the transition. Approximately

100 attendees met weekly to hear from the ILRC, DMV personnel, and local law enforcement to understand AB 60 and address pressing issues in the immigrant community. Organizers tackled questions regarding fraud, administrative relief, the written driver’s test, options for proving identity, and the risks of continuing to drive without a license. The ILRC additionally broadcasted a Spanish radio announcement to the Bay Area explaining AB 60 to community members to make appointments to get their licenses.

California is making tremendous progress in this domain, while neighboring states are moving in the opposite direction. ILRC will continue monitoring AB 60, helping to keep California safe for all.

AB 60: Keeping California Families Safe

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ILRC is dedicated to advancing the rights of all immigrants, and our ongoing fellowship assists in spreading rebellious lawyering to empower and engage the immigrant community.

Support ILRCYour gift provides crucial assistance to unaccompanied immigrant children and the lawyers, advocates, and other allies working on their behalf. With your help, we will continue to fight to protect this vulnerable population.

Support immigrant children and ILRC today by:• Making a gift at www.ilrc.org/donate.• Including ILRC in your estate plans.• Volunteering your time.

This season, your gift will be matched 1-to-1 up to $50,000 to protect immigrant children. Double the impact of your gift today!

Thank you for your commitment to our work and to immigrant children.

Contact Edith Hong, Director of Development at ehong@ilrc.org or (415) 321-8536 for more information.

Social change lawyering is at the heart of ILRC’s practice in developing the expertise of immigrant advocates and attorneys. We firmly believe in empowering immigrants to work as problem-solving partners in their own cases. Clients are intimately familiar with the facts of their cases and contribute in meaningful ways that not even their lawyers can, as client collaboration is crucial to successful outcomes. Through working directly with attorneys as partners, immigrants learn skills—from framing problems to finding solutions—applicable to all other areas of their lives including their jobs, families, and communities.

In collaboration with immigrants, the ILRC learns firsthand how specific laws and practices affect families, and then uses that information to shape our advocacy efforts. Our work is infused with the spirit of empowering immigrants through voicing their concerns, developing strategies, and leading efforts to address their own needs.

In 2010, the ILRC created the Defending Immigrants Law Fellowship, focusing on the intersection between immigration law and criminal law. Our objective: to seed the field with exceptional practitioners embodying social change lawyering or “rebellious lawyering.” The fellowship recruits rising stars to ILRC for a two year rigorous practice in specialized areas of law. They subsequently re-enter the legal arena as experts in defending immigrants accused of crimes.

ILRC is dedicated to advancing the rights of all immigrants, and our ongoing fellowship assists in spreading rebellious lawyering to empower and engage the immigrant community. Our first Defending Immigrants Law Fellow, Su Yon Yi, developed her expertise in criminal defense of immigrants while integrating the methods of social change lawyering. A graduate of our fellowship, Su Yon is now practicing as an attorney at the Queens Law Associates, one of two public defender organizations in Queens, New York, fulfilling ILRC’s vision of the Defending Immigrants Fellowship.

Grisel Ruiz joined the ILRC in 2012 as the second Defending Immigrants Law Fellow. Her focus has been on local and statewide efforts to combat immigration enforcement and the intersection between immigration law and criminal law, while adopting the ethos of social change lawyering. Recently, Cosmopolitan Latina recognized Grisel for her service with the ILRC and as an immigrant rights advocate, attracting

ILRC Fellowships: Seeding the Field with Rebellious Lawyersthe attention and support of actress Diane Guerrero whose story about her own family’s deportation made headlines last month.

As the crisis of unaccompanied minors flooding across our southern border overwhelmed legal resources earlier this year, ILRC expanded the focus of the fellowship. We welcomed Rachel Prandini in the fall of 2014 as our first Unaccompanied Minor Law Fellow. Her goals as a fellow are to continue ILRC’s vision: to share and grow one’s expertise in a specialized area of immigration law—in this case, representation for unaccompanied minors—while embracing rebellious lawyering. The dedicated resources of the Unaccompanied Minor Fellowship will support and build the field of practitioners who serve this vulnerable population while expanding the practice of social change lawyering.

The vision of our fellowships seed the nation with social change lawyering and empower immigrants. ILRC’s work is possible thanks to the unrestricted funding and individual private contributions in support of the Immigrant Legal Resource Center. We are grateful to our partners for their role in making these fellowships and rebellious lawyering possible. For more information about social change lawyering, please read the monograph, Beyond Traditional Lawyering: Promoting Immigrant Participation in American Democracy available on www.ilrc.org.

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Joining the ILRC FamilyAraceli Amezquita, Front Office Coordinator Meagan Gibeson, Development CoordinatorJosué Hernández, Publication Sales Associate

Rachel Prandini, Unaccompanied Minor Law FellowEmma Stern, Marketing Coordinator

‘Orange is the New Black’ actress: My parents were deported continued from front page...

ILRC StaffEric Cohen, Executive Director Sally Kinoshita, Deputy Director Bill Ong Hing, Founder & General CounselDonald Ungar, Of CounselAraceli Amezquita, Front Office Coordinator Anne Block, Contract Attorney Kathy Brady, Staff AttorneyAidín Castillo, Immigration Policy AttorneyPhilip Garcia, Office ManagerMeagan Gibeson, Development CoordinatorLena Graber, Staff AttorneyJosué Hernández, Publication Sales AssociateEdith Hong, Director of DevelopmentJonathan Huang, IT ManagerAngie Junck, Supervising AttorneyAlison Kamhi, Staff AttorneyShari Kurita, Assistant DirectorSarah Letson, Best Practices Manager, New Americans CampaignLourdes Martinez, Staff AttorneyLinda Mogannam, Marketing ManagerDeirdre O’Shea, Foundations Relations ManagerRachel Prandini, Unaccompanied Minor Law FellowErin Quinn, Staff AttorneyMelissa Rodgers, Director of ProgramsGrisel Ruiz, Law Fellow / AttorneyTim Sheehan, Publication & Program CoordinatorMark Silverman, Staff AttorneyByron Spicer, Finance CoordinatorEmma Stern, Marketing CoordinatorVirginia Wright, Finance Director

Board of DirectorsCynthia AlvarezRichard BoswellEva GroveBill Ong HingSallie KimLisa P. LindelefMichelle MercerGuadalupe Siordia OrtizLisa Spiegel, Board ChairReginald D. SteerAlan TafapolskyMawuena TendarHon. James L. Warren (Ret.)Allen S. WeinerRoger Wu

Advisory BoardJohn Burton, Chair, Chair, John Burton Foundation for Children Without Homes and Former President Pro Tem of the California State Senate

Nancy Pelosi, Democratic Leader, United States House of Representatives

Cruz Reynoso, Professor of Law, UC Davis School of Law and former Justice of the California Supreme Court

While awaiting deportation proceedings, my parents remained in detention near Boston, so I could visit them. They would have liked to fight deportation, but without a lawyer and an immigration system that rarely gives judges the discretion to allow families to stay together, they never had a chance. Finally, they agreed for me to continue my education at Boston Arts Academy, a performing arts high school, and the parents of friends graciously took me in. I was lucky to have good friends, but I had a rocky existence. I was always insecure about being a nuisance and losing my invitation to stay. I worked a variety of jobs in retail and at coffee shops all through high school. And, though I was surrounded by people who cared about me, part of me ached with every accomplishment, because my parents weren’t there to share my joy.

My family and I worked hard to keep our relationships strong, but too-short phone calls and the annual summer visits I made to Colombia didn’t suffice. They missed many important events in my life, including my singing recitals — they watched my senior recital on a tape I sent them instead of from the audience. And they missed my prom, my college application process and my graduations from high school and college.

My story is all too common. Every day, children who are U.S. citizens are separated from their families as a result of immigration policies that need fixing. I consider myself lucky because things turned out better for me than for most, including some of my own family members. When my brother was deported, his daughter was just a toddler. She still had her mother, but in a single-parent household, she faced a lot of challenges. My niece made the wrong friends and bad choices. Today, she is serving time in jail, living the reality that I act out on screen. I don’t believe her life would have turned out this way if her father and my parents had been here to guide and support her.

I realize the issues are complicated. But it’s not just in the interest of immigrants to fix the system: It’s in the interest of all Americans. Children who grow up separated from their families often end up in foster care, or worse, in the juvenile justice system despite having parents who love them and would like to be able to care for them.

I don’t believe it reflects our values as a country to separate children and parents in this way. Nor does it reflect our values to hold people in detention without access to good legal representation or a fair shot in a court of law. President Obama has promised to act on providing deportation relief for families across the country, and I would urge him to do so quickly. Keeping families together is a core American value. Congress needs to provide a permanent, fair legislative solution, but in the meantime families are being destroyed every day, and the president should do everything in his power to provide the broadest relief possible now. Not one more family should be separated by deportation.

Diane Guerrero is an actress and volunteers with the Immigrant Legal Resource Center, a nonprofit group that advances immigrants’ rights.

Guerrero, D. (2014, November 15). ‘Orange is the New Black’ actress: My parents were deported. LA Times. Retrieved December 9, 2014 from www.latimes.com/opinion/op-ed/la-oe-guerrero-immigration-family-separation-20141116-story.html.

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Newest Titles Now AvailableThe U Visa: Obtaining Status for Immigrant Victims of Crime, 4th EditionThe U Visa: Obtaining Status for Immigrant Victims of Crime will guide you through the entire process of handling an immigration case for a U visa applicant -- from eligibility screening for U nonimmigrant status through adjustment of status to assisting eligible family members and helping U nonimmigrants travel. In addition to providing a thorough explanation of the requirements and application process, this manual includes numerous practice pointers and sample materials to help you in handling your client’s case. These include sample checklists, cover letters, declarations, receipt notices and other correspondence you can expect to receive from USCIS, motions to submit to the immigration court, and more.

New and updated topics:

• Detailed updates on the new U conditional approval and deferred action policies and procedures.

• Updates and flowcharts for assisting U nonimmigrant clients with travel issues and consular processing.

• New information on identifying and helping workplace victims of crime and working with the Department of Labor, EEOC or California DFEH for certification.

• Updated information and developments related to U adjustment of status applications.

• The latest information on addressing removal issues including prosecutorial discretion, issues that can be appealed or waived and using U nonimmigrant status as a relief from removal or a means to terminate proceedings.

• More sample materials than ever, including applications and declarations for adjustment applications, consular processing, and outreach and explanatory materials for clients.

• Expanded sections and samples for assisting family members through the I-929 petition process.

The VAWA Manual, 6th EditionThe VAWA Manual - Immigration Relief for Abused Immigrants is a completely revised edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence. This publication includes practical tips for working with immigrant survivors of domestic violence, assembling and documenting a strong VAWA self-petition, extensive appendices of CIS policy guidance, sample applications, fee waiver requests, declarations, and more.

New and updated topics:

• VAWA self-petitioning requirements and entire process• Adjustment of status• Inadmissibility grounds and waivers• Removal proceedings and motions to reopen VAWA

• VAWA cancellation of removal• Conditional permanent residency• Consular processing

Hardship in Immigration Law: How to Prepare Winning Applications for Hardship Waivers and Cancellation of Removal, 13th EditionOne of our best-selling publications, Hardship in Immigration Law: How to Prepare Winning Applications for Hardship Waivers and Cancellation of Removal, contains a unique combination of legal analysis and practice. This self-guiding resource describes the different standards applicable in hardship law, as well as factors involved in that analysis. This publication demonstrates how to work with clients to elicit and convey information that will win a hardship claim.

New and updated topics:

• Chapter 2: Explains different hardship standards and how to meet them. Drawing on case law and regulations, this chapter discusses common hardship factors and what they may entail, with practice pointers and case examples for each.

• Chapter 3: Describes certain forms of relief from removal that require hardship, including non-LPR cancellation of removal, suspension of deportation, VAWA suspension and cancellation of removal, and NACARA suspension and cancellation of removal.

• Chapter 4: Outlines the hardship waivers in the Immigration and Nationality Act (INA), which include the § 212(h) waiver of inadmissibility for criminal offenses; the § 212(a)(9)(B)(v) waiver of the 3-year and 10-year unlawful presence bars; and the § 212(i) waiver of fraud or misrepresentation.

• Chapter 5: Provides a toolbox for how to work in partnership with your client to prepare a winning hardship case. It guides you through the process of gathering evidence for a hardship case and then presenting it in a persuasive manner.

• Chapter 6: Offers a procedural overview for filing a hardship waiver, whether in connection with an adjustment of status application filed with the USCIS, or with consular processing, or when filing a waiver while in removal proceedings in immigration court. This discussion includes a description of the process to file the Provisional Unlawful Presence Waiver, also known as the stateside waiver on Form I-601A.

Look for us at the 2015 AILA Annual Conference on Immigration Law. June 17 - 20, 2015 Gaylord National Resort National Harbor, MD (Washington, D.C. area)

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Immigrant Legal Resource Center 1663 Mission Street, Suite 602San Francisco, California 94103

NONPROFIT ORGU. S. POSTAGE

PAIDSAN FRANCISCO, CAPERMIT NO. 2314

SAVE THE DATE2015 Phillip Burton Immigration

& Civil Rights Awards

Thursday, May 28, 2015 Marines’ Memorial Club & Hotel

San Francisco, CA

Phillip Burton Advocacy Award Recipients Gaby Pacheco (2014) & Jose Antonio Vargas (2013)

The Immigrant Advocate Winter 2014

In this issue...• “My parents were deported” by

actress Diane Guerrero• Immigration Reform and Preparing

for Administrative Relief• Advocating for Unaccompanied

Immigrant Children• Seeding the Field with Rebellious

Lawyers

ILRC has been working to combat immigration enforcement to keep

families together and stop deportations. In 2011, ILRC helped pass the strongest policy halting collaboration between local

law enforcement and U.S. Immigration and Customs Enforcement (ICE) in

Santa Clara County, CA. Today, our efforts have grown to 265

counties, 31 cities, and 4 states.

ICE Detainer Update