PostElection Immigration Update TRAM T NGUYEN ESQ GREATER

Post-Election Immigration Update TRAM T. NGUYEN, ESQ. GREATER BOSTON LEGAL SERVICES JANUARY 12, 2017

Greater Boston Legal Services GBLS provides free civil (non-criminal) legal assistance to low-income people in Boston and thirty-one add’l cities and towns. GBLS attorneys and paralegals provide direct legal services and engage in systemic advocacy Eligibility: Legal issue is civil, non-criminal Income does not exceed 125% of the Federal Income Guidelines (Elder clients, over 60 y. o. and Medicare beneficiaries are not subject to the income guidelines. ) Lives in Boston or of the surrounding cities that are considered a part of Greater Boston

Asian Outreach Unit AOU provides free legal assistance to low-income people of Asian heritage, who because of language and cultural barriers, have difficulties accessing the mainstream legal services Areas of Law: Domestic Violence/Family law Housing Immigration Employment Public Benefits

AOU Community Intakes Viet. AID 42 Charles Street, Suite E Dorchester, MA 02122 Tuesdays: 2: 00 – 4: 00 p. m. South Cove Community Health Center 885 Washington STreet, Boston, MA Tuesdays: 10: 00 – 12: 00 p. m. (closed for January 2017) Chinese Progressive Association 28 Ash Street Boston, MA Mondays: 1: 30 – 4: 30 p. m.

Immigration under Trump Administration Inauguration: January 20, 2017 Vows to deport 2 -3 million undocumented people from the country Focuses on those with criminal records but data show that there are not that many people with criminal records Will likely also target those with no criminal records DACA is most vulnerable program since it’s by executive order and program can be ended with a stroke of a pen There is real fear in the community, even for those who are documented, particularly those from mixed-status households

Immigrant Rights – Everyone has certain rights regardless of status Right to remain silent Can refuse to speak to ICE agent until you speak to atty Right to demand warrant Can demand warrant before letting someone enter home If they say they have a warrant, ask them to slip it under the door and the warrant should be signed by a judge Right to make a phone call If detained, there is a right to one phone call – make sure to carry phone number of immigration atty Right to refuse to sign anything before talking to an attorney DO NOT SIGN ANYTHING! Could result in person being deported immediately without a hearing or chance to speak to attorney. Right to refuse to show any documents before speaking with an attorney

What Immigrant Families Should Do Now Talk to immigration services provider about immigration options Even if you do not have immigration status, you might still be eligible to get a visa or work permit If you have a criminal arrest or conviction, find out how it might affect your case, or if there is a way to erase it from record Figure out what documents to bring or not bring with you DO carry phone number of immigration atty, advocate, or legal services DO carry valid work permit or green card, if any DO carry red card to exercise right to remain silent in case you are stopped or interrogated by ICE agent DO NOT carry any documentation about country of origin DO NOT carry any false documents or ID Make a child care and family preparedness plan

Family Preparedness Plan Make sure all information and emergency contacts are up to date at child(ren)’s school(s), including who can and cannot pick up Create emergency contact sheet and file of important documents and put somewhere that you, your family or emergency contact can easily access Talk to your friends and family members to figure out who will take care of the child(ren) in case something happens We DO NOT advise people to do a Power of Attorney to make financial, legal, or child care decisions for child(ren) because child welfare concerns is one factor immigration judge considers in determining whether to deport a person YOU SHOULD HAVE AN INFORMAL PLAN IN PLACE THOUGH

Deferred Action for Childhood Arrivals (DACA) What is DACA? Policy under Obama Administration that provides administrative relief from deportation for specific individuals who apply for and receive DACA status – since June 15, 2012 It is not a law or even a regulation so it can be ended easily by incoming administration Does not grant legal status or pathway to permanent residency or citizenship but does offer protection against deportation Eligibility for DACA Have been physically present in US on June 15, 2012 Have been under age 31 as of June 15, 2012 Have come to US before reaching 16 th birthday Have continuously resided in US since June 15, 2007 Currently in school, have graduated from high school, obtained GED, or have been honorably discharged from armed forces Have not been convicted of felony, significant misdemeanor or 3 or more other misdemeanors and do not otherwise pose threat to national security or public safety

Future of DACA Trump has repeatedly said that he intends on ending this program, but it unclear when or how he will do it. There has never been large-scale immigration enforcement against undocumented individuals in colleges or universities and it is unclear whether Trump administration will target, include or exclude current DACA students Currently, ICE’s own Sensitive Locations Policy provides that it should avoid enforcement in sensitive locations, which includes “post-secondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools. ” However, this policy could be modified by new administration

What would the end of DACA look like? One possibility is gradual phase out by not accepting new applications and not renewing DACA for those currently in DACA status (need to be renewed every 2 years) New administration could go one step further and revoke current employment authorization for those currently in DACA status DACA recipients could be ordered to be appear in federal immigration court to face deportation proceedings Currently, there is a USCIS internal policy that DACA data will not be disclosed to ICE, but that could change

Helpful Tips for DACA DO apply for DACA renewal if within 180 days of the end of status period and eligible for renewal – application fee is $495 as of December 23, 2016 DO talk to immigration atty about other possible immigration relief DO NOT travel out of the country – if DACA is rescinded while out of the country then there’s no way to return DO NOT apply for DACA if you have never done so – we do not know if this data will be shared with ICE in the future