Immigration 101 (for the Professionals)

1. Immigration 101 (for the Professionals) Welcome

2. Overview • Ways to become a U.S. citizen • Main categories of immigrants • Ways to get a green card • Process of naturalization • Ways to assist your students • On-Campus Safety

3. TERMS TO BE COVERED • Asylee • Citizen • Green card • Immigrant • Lawful Permanent Resident • Undocumented • Naturalization • Visa • Non-immigrant • Refugee

4. WHY IS IT IMPORTANT TO STAY INFORMED ABOUT IMMIGRATION? • To approach a front-page issue sensitively and with accuracy • To create a more inclusive classroom • To establish dialogue and connections between diverse groups • To effectively advocate for immigrants and refugees in the community • To encourage positive understanding about immigrants clipartreview.com

5. THERE ARE WAYS TO BE A CITIZEN: 4 • You are BORN in the U.S. • You are born to a U.S. citizen parent or your parent became a citizen before you turned 18 • You are adopted by a U.S. citizen (Child Citizenship Act of 2000) • You are naturalized (more about this process later)

6. Someone In the U.S. Who is Not a Citizen is Either An Immigrant or a Non-immigrant

7. NON-IMMIGRANTS • Students • Temporary workers • Visitors • Otherswho are in the U.S. temporarily, where their visas only allow them to stay for a limited amount of time.

8. IMMIGRANTS Immigrants settle in a country intending to stay there permanently and become citizens. Two categories of immigrants are:

9. 1 - LAWFUL PERMANENT RESIDENTS • Have permission to remain in the U.S. for as long as they choose, if they remain crime free.* • Must renew their green cardevery 10 years. *NOTE: Is not really “permanent”….

10. 2 - REFUGEES / ASYLEES Refugees and asylees leave their countries because of war or fear of being killed or hurt because of their nationality, race, religion, political opinion or membership in a group.

11. WHAT IS THE DIFFERENCE BETWEEN A REFUGEE AND AN ASYLEE? • A refugee receives permission to come to the U.S. from outside of the country. • Refugees are resettled with the help of a refugee resettlement agency. • These people already have refugee status by the time they arrive in the USA. They are legally allowed to remain. • An asylee is already in the U.S. when s/he applies for protection. • Asylees have to prove that they have reason to fear persecution in their home country. • (these people are seeking “asylum” in the United States.

14. REGION OF BIRTH FOR ALL FOREIGN-BORN IN THE U.S. (INCLUDING REFUGEES) Total foreign-born in U.S. as of 2013: 40 million (13% of population)

15. WHY DOES ALL THIS INFORMATION MATTER? • Knowing where people come from • Knowing their plights to get here/to be here • Understanding their family backgrounds • Understanding their struggle • Help educate/inform with the negative rhetoric in the media….

16. WHAT IS MIXED-STATUS FAMILY ? A “mixed-status family” is a family whose members include people with different citizenship or immigration statuses. One example of a mixed-status family is one in which the parents are undocumented and the children are U.S.-born citizens

17. UNDOCUMENTED IMMIGRANTS • May have entered the U.S. without showing a visa or green card. • May be here with expired papers. • (BCC has 72 hrs expiration) • Do not have documents that allow them to stay in the U.S.

18. Can anyone who wants to become a citizen become one? BECOMING A U.S. CITIZEN No, first somebody has to have a green card. Then how do you get a green card? Only a few ways, and not everybody is eligible for one. Here are the main ways to obtain a green card…

19. FAMILY • A majority of immigrants come to be reunited with family. • U.S. citizen adults can sponsor their spouse, parent, child or sibling. • Lawful Permanent Residents can sponsor their spouse and any unmarried children.

20. A NOTE ABOUT FAMILY REUNIFICATION - The WAIT • The length of the wait will depend on: • Whether the sponsor is a citizen or Lawful Permanent Resident • What country the relative is from • Type of relationship (ex: spouse comes sooner than a brother) Example 1: A lawful permanent resident who wants to bring her husband and 2-year-old daughter from Mexico will have to wait approximately 20 months Example 2: A U.S. citizen who wants to bring his brother from the Philippines will have to wait approximately 23 years.

21. WHO COMES IN AND WHO STAYS OUT? Immediate Relatives: • Spouses of USC • Children under 21 of USC • Parents of USC ONLY …… • EVERYONE ELSE WILL HAVE TO WAIT IN LINE…..

22. VISA BULLETIN FOR JANUARY 2017 F1: Unmarried son/daughter of USC F2A: Spouses & Unmarried, under 21 years old children of LPR F2B: Unmarried son/daughter (21 years of age or older) of LPR F3: Married son/daughter of USC F4: Siblings of USCs

23. Now you know why so many cannot wait their turn in line……… This is one reason why we have 11 million undocumented people living in the United States….

24. EMPLOYMENT • Some immigrants come to fill positions where there is a shortage of U.S. workers (ex: nurses, computer engineers). • Every year there are some visas that are given to professionals with advanced degrees and skilled workers. The employer must prove that they can’t find a worker domestically. (65,000 per year) • There are very few visas offered to unskilled workers, though there are many businesses that have a shortage of these workers. Available jobs without available visas cause a rise in undocumented immigration.

25. FLEEING PERSECUTION • Some immigrants come as refugees fleeing persecution. • The U.S. accepts refugees and asylees who are fleeing persecution based on race, ethnicity, nationality, religion, gender, political opinion or membership in a social group.

26. DIVERSITY VISA LOTTERY • Each year, there is a green card lottery to welcome immigrants from countries from which the U.S. receives immigrants at lower rates. • The applicant must have a high school diploma or have a specific ability/trade. Their immediate family can come too. • There will be 50,000 visas given out. • Countries not eligible: Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom, and Vietnam. The chance of winning is: 0.8%

27. LAWFUL PERMANENT RESIDENTS MAY BECOME U.S. CITIZENS Eligible immigrants may choose to go through the process of to become a U.S. citizen. naturalization

28. TO BECOME A NATURALIZED CITIZEN, ONE MUST: • Have a green card for either 3 or 5 years based on your particular situation. • Be physically present in the U.S. for 2.5 years. • Pay an application fee of $725. • Pass the citizenship test. • Pass the interview in English. • Swear to the judge you will follow the laws of the U.S. • Be of good moral character (e.g., no serious crimes).

29. CONTRIBUTIONS OF IMMIGRANTS • Fill a labor need • Pay taxes • Add diversity • Share new ideas • Enrich the culture • Offset an aging population • Strengthen our global connections

30. THREATS OF THE NEW ADMINISTRATION… • ROUND THEM UP AND DEPORT ALL 11 MILLION • THERE ARE 2-3 MILLION CRIMINAL ALIENS • TAKE DACA AWAY • CANCEL DIVERSITY VISA • CANCEL ALL DISCRETIONARY MEMOS • VIOLATE DUE PROCESS RIGHTS

31. IMMIGRATION AGENCIES….. U.S. Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) U.S. Citizenship and Immigration Services (CIS) U.S. Immigration and Customs Enforcement (ICE) On March 1, 2003, the INS ceased to exist; the Department of Homeland Security (“DHS”) now handles immigration services and enforcement

32. WHAT IS THE AGENCIES REACH?Constitution FREE ZONE….. (66% OF THE COUNTRY LIVE HERE…)

33. HOW ARE UNDOCUMENTED IMMIGRANTS IMPACTED BY THEIR STATUS?* • Not eligible for federal financial aid programs and federally funded programs • No drivers license* (available through AB 60 effective 2015) • No SSN, therefore limited in qualifying for anything that requires this form of identification (ID) * • No work authorization, no paid internships & fellowships* • Not eligible for some careers when licensure/back ground checks are required* • Cannot travel when official ID is required* • Not eligible to work in chosen profession after graduation* *DACA issues temporary work permit & SSN; can be used for CA driver’s license

34. CONT’D… • Can pay taxes using Individual Taxpayer Identification Number (ITIN) rather than SSN • Can use ITIN, Matricula (Mexican ID), Student ID on campus (if allowed) • Eligible for state funded campus services • Can go to graduate school (with some exceptions)

35. CALIFORNIA The golden state has been leading the nation in protecting our vulnerable populations, which include our immigrant population.

36. LAWS THAT PROTECT IMMIGRANTS IN CA… Selected New California Laws • AB 60effective January 2, 2015 provides access to a driver’s license for all California residents regardless of immigration status. • AB 1660passed in 2014, makes it unlawful to discriminate against a person because he or she presents a driver’s license issued under AB 60 which passed in 2013 and became effective in 2015.

37. SELECTED NEW CALIFORNIA LAWS PASSED IN 2013 • AB 35 effective January 1, 2014, codifies that DACA approved individuals are eligible for unemployment insurance benefits • AB 1024 effective January 1, 2014, authorizes the California Supreme Court to admit to the practice of law an applicant who is not lawfully present in the USA. • AB 4 Trust Act, effective January 1, 2014, prohibits the detention of a person on the basis of immigration status after that person becomes eligible for release from criminal custody. • AB 524 effective January 1, 2014, explicitly defines extortion to include threats to report a person’s immigration status.

38. SELECTED NEW CALIFORNIA LAWS PASSED IN 2014 • AB 2000 Expands access to higher education for students who complete high school in less than three years. Allows students who have attended at least three years of elementary or secondary education in the state to qualify for in-state tuition, fee waivers, and financial aid, regardless of their immigration status. • SB 1159 Effective no later than January 1, 2016, expands immigrants’ access to professional and occupational licenses by prohibiting state licensing boards within the Department of Consumer Affairs from denying licensure to an other-wise qualified applicant because of his or her citizenship or immigration status. • AB1210 Establishes a California Dream Loan Program, which provides Loans to AB 540 students who are ineligible for federal financial aid.

39. SELECTED NEW CALIFORNIA LAWS PASSED IN 2015 SB 4 (Lara) - HEALTH CARE COVERAGE REGARDLESS OF IMMIGRATION STATUS The 2015-2016 State Budget includes investments to expand eligibility to Medi-Cal to all children and youth ages 0-19, regardless of immigration status. AB 622 (Hernández, Roger) - EMPLOYMENT: E-VERIFY AB 622 will strengthen the California Labor Code’s protections for all workers by limiting misuse of E-Verify. It codifies and clarifies existing federal standards, and creates civil penalties for abuse. AB 60 (Gonzalez) - IMMIGRATION SERVICES: ATTORNEYS This bill will protect Californians from immigration attorneys and consultants demanding an advanced payment for services exclusively related to a pending immigration reform act such as President Obama’s announcement on November 20, 2014.

40. SELECTED NEW CALIFORNIA LAWS PASSED IN 2016 More than 20 bills impacting immigrants were passed this year by the State of California… • AB 2298 (Weber) - Gang Database & Suppression - This bill requires local law enforcement to notify people when they are added to a shared gang database, enable people to inquire as to their status on a database, and have a clear process for removal. • AB 2792 (Bonta) - TRUTH Act: : Aims to create increased transparency and due process in the ways that local law enforcement cooperate and function with ICE. • AB 1850 (Garcia, Eduardo) Educational Services: remove the word “illegal” from the California Education Code, and replace the word “alien” with “foreign national” as a definition for an immigrant individual.

41. CONT’D… • AB 2364 (Holden) Concurrent Enrollment for All would exempt undocumented students, from paying nonresident tuition at the California State University and the California Community Colleges if that student is currently a California high school student enrolled in a concurrent enrollment or dual enrollment program. • SB 1242 (Lara) Misdemeanor Sentencing: Immigration Consequences would provide that all misdemeanor crimes retroactively shall have a maximum possible sentence not exceeding 364 days. This will ensure that legal residents are not deported due to discrepancies between state and federal law.

42. California Laws PROPOSED in 2017 SB54 (DELEON) – California Values Act: • State and local law enforcement agencies and school police and security departments will not engage in immigration enforcement. No state or local resources will be used to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes • State and local resources will not be used to facilitate the creation of a national registry based on religion or other protected characteristics. • State agencies will review their confidentiality policies in order to ensure that eligible individuals are not deterred from seeking services or engaging with state agencies. State agencies shall not collect or share information from individuals unless necessary to perform agency duties. • California schools, hospitals, and courthouses will remain safe and accessible to all California residents, regardless of immigration status. Each shall establish and make public policies that limit immigration enforcement on their premises to the fullest extent possible consistent with federal and state law.

43. DACA….WHAT IS THIS? • Entered the USA before turning 16. • At least 15 years of age at time of application. • Currently enrolled or finished HS (GED). • No felonies, 3 misdemeanors or a significant misdemeanor. • Present in the USA from June 15, 2007 to the time of filing the application. • Undocumented on June 15, 2012 and present in the USA.

44. STUDENTS CANNOT LEARN IF THEY ARE AFRAID…

45. WAYS WE CAN HELP…. • Respect the students’ confidentiality and never “out”a student. • Identify allies for undocumented students; establish connections between allies to build a referral system for students; educate and provide ally training for staff and faculty to be informed about the status of undocumented immigrant students and the laws that impinge upon student lives, and policies and practices that can contribute to their academic success.

46. CONT’D… • Create an accessible, visible portal for the public on the campus website. • Pay attention to language used in all aspects of the university life so that students are not stigmatized nor humiliated by unintended words. • Create opportunities for advocacy on campus and in the community.

47. CONT’D… • Create an inclusive space of all sexual preferences, sexes, religions, backgrounds, ethnicities and nationalities…. • The Latino Center is a good start....you need more – an All Inclusive Space – Dream Resource Center.

48. International Student Visa/Immigration Center...(Dream Resource Center) KNOWLEDGE IS POWER • Legal Access: create a "free legal clinic" for students to attend; at least do a basic intake assessment; not necessarily funding their cases. • Create a campus wide comprehensive program to serve the various needs of undocumented students, i.e. tuition, housing, legal, etc.. • Educate the Educators. • Civic Engagement: Provide updates on the bills in place and the laws in place to protect them.

49. TAKING ACTION NOW… • Find out total number of undocumented students on campus. • Issues are coming up with those traveling abroad - bring them back; hold off on sending new students abroad. • Do not share information with ICE/CBP; encouraging students to opt out of the school directory as the directory is public document.

50. CONT’D… • What is the policy for CSUM for "sharing" information with ICE/CBP through their on-campus police, etc... (encourage not to cooperate unless there is a warrant). • Enforce the TRUST Act. • Find out percentage of students that are locals vs. students that have families far that cannot visit them due to the travel check points to come to San Diego County.