Immigrant Issues in Child Welfare

1. Immigrant Issues in Child Welfare • Overview of Immigration Status • Definition of Terms • Assessment of Immigration Status

2. HOMELAND SECURITY ACT OF 2002 DEPARTMENT OF HOMELAND SECURITY (DHS) Directorate of Border and Transportation Security Customs and Border Protection Immigration and Customs Enforcement United States Citizenship and Immigration Services

3. U.S. Citizenship and Immigration Services (USCIS) • Governs all aspects of immigration and citizenship issues • Replaced the responsibilities of the Immigration and Naturalization Service (INS) www.uscis.gov

4. An “Alien” Is: • Any person who is not a citizen of the United States • Any person who is present in the United States without the legal right to be here (undocumented alien) • Any non-citizen legally present in the United States as either an immigrant or a nonimmigrant visa holder

5. Proof of Legal Status • Birth certificate • Naturalization documents • Alien Registration card – aka a “green card” • Passport – if foreign it will have a current visa stamp identifying type of non-immigrant status

6. Immigrant vs. Non-Immigrant • Immigrant status allows permanent residence in the United States – you can live and work here indefinitely • Non-immigrant status allows temporary and conditional presence in the United States – you can visit, study, sometimes work but you do not intend to stay permanently • www.thenyic.org

7. Family-Sponsored Immigration • Who can petition? • US citizens – can petition for spouses, children, parents, siblings • LPRs – can petition for spouses and unmarried children • Annual ceilings and caps apply limiting the total number of immigrants based on family sponsorship

8. Other Common Immigrant Statuses • Parolees – Individuals granted permission to stay in the US until their status is determined. • Refugees – Status conferred by UN; recognized by US; capped immigration • Asylees – Individuals fleeing persecution • Cuban/Haitian Entrants • Amerasians • Victims of Trafficking or Torture • Undocumented Minors in Federal Custody

9. Unaccompanied Alien Children • Minors (under the age of 18) who are apprehended attempting to cross the border or already in the U.S. • Under certain circumstances they are eligible for services under the Department of Health and Human Services – Office of Refugee Resettlement through the Division of Unaccompanied Children’s program (DUCS) • DUCS shelters are federally run group residences; 39 across the country • Stay until disposition of immigration proceedings; sometimes until reunification with family

10. Unaccompanied Alien Children • Eligibility for ORR services: • www.acf.hhs.gov/programs/orr/programs/index.htm • www.acf.hhs.gov/programs/orr/geninfo/index.htm

11. Resources • Information about Refugees, Asylees, Trafficking Victims and Undocumented Minors in Federal Custody • Refugees/asylees: www.immigrationforum.org/pubs/articles/refugeesasylees.htm • Trafficking victims: • Call: ORR: 202-401-4631 • Undocumented Minor: • Call: ORR: 202-401-5709

12. Undocumented Persons • Individuals who have overstayed their visa OR • EWI – Entered Without Inspection – they crossed the border without being stopped by customs officials or border patrol officers

13. PRUCOL • Person Residing Under Color of Law • An individual who lacks lawful immigration status • USCIS is aware of their presence • USCIS has not made an effort to deport them • They may be entitled to some public benefits if they can prove their status • Note: This is a VERY grey area of the law; always refer such an individual to qualified immigration experts for assistance and advice

14. Assessing Immigration Status • Is not simply a matter of “legal” vs. “illegal” • USCIS is responsible to determine whether someone is here legally or not • Status affects access to entitlements, services and benefits

15. Assessing Immigration Status • LPRs, Refugees and asylees – usually know their status and can tell you; they may be involved with an ORR-contracted agency • Documents – familiarity with what they look like and what to look for • Living conditions, work, presence of relatives • Confidentiality • Referral to legal resources

16. 1996 PRWORA • Established restrictions on eligibility of legal immigrants to federally funded programs • Created categories of “Qualified Alien” and “Unqualified Alien” • Five year bar for legal immigrants’ access to certain programs (SSI, Food Stamps, Medicaid, TANF) • Allowed states broader flexibility in setting public benefit eligibility rules to both federal and state programs

17. 1996 IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act) • Established requirement for proof of citizenship for federal benefits • Provided for verification of immigration status • Allowed denial of entry to those who are deemed potentially a ‘public charge’ • Exempted illegal aliens who are DV victims from being denied public benefits • Exempted nonprofit organizations from verifying immigration status for eligibility for services

18. 1996 AEDPA (Antiterrorism and Effective Death Penalty Act) • Expedited procedures for removal of those deemed “alien terrorists” • Established procedures to exclude those deemed members of terrorist organizations from entry into the US • Expedited asylum proceedings

19. Immigration Status Affects Individuals in Many Ways: It can: • Create fear of deportation • Instill fear of separation from children/spouses • Subject individuals to job exploitation • Allow for substantard or dangerous housing • Force individuals to stay in abusive relationships • Prevent individuals from seeking help when they need it • Prevent individuals from reporting criminal activities

20. Immigration Status and Children Involved with Child Welfare • Foster care: eligible for all services; if undocumented may be eligible for SIJS • Adoption: adoption does not automatically change immigration status; must be addressed separately • Preventive Services: eligible for services that are not federally funded if undocumented • Protective Services: eligible for all services regardless of immigration status