Immigration Issues & Shelters

1. Immigration Issues & Shelters May 3, 2017

2. Presenters Lisa Tepper Bates Executive Director, Connecticut Coalition to End HomelessnessGiovanna Shay Litigation & Advocacy Director, Greater Hartford Legal Aid Alicia Kinsman Director and Managing Attorney, International Institute of Connecticut Sarah Chess Training & Communications Coordinator, Connecticut Coalition to End Homelessness

3. House Keeping Because this is a webinar, attendees are muted Please type any questions you have into the Questions or Chat Box We are recording this webinar and will send out the link to everyone who registered later today

4. Preparing for Immigration Enforcement Activities Alicia Kinsman Director and Managing Attorney International Institute of Connecticut

5. Who Can Be Deported? Under current immigration laws, people at risk of deportation generally include: — People w/o lawful immigration status: People who are undocumented do not have authorization from the federal government to be in the U.S. and can be deported at any time for this reason. This includes people who entered without permission and those who entered lawfully—for example, with a tourist visa—but overstayed or otherwise lost status. — People w/ lawful immigration status (e.g. Lawful Permanent Residents or refugees) who have criminal convictions: People with legal status can be deported based on criminal convictions or other violations of their status. Criminal convictions can result in deportation even if the conviction is decades old, if the person did not serve any time in jail, if the case was considered minor or a misdemeanor, if the person has had status for a long time, and/or the person has other family members who are U.S. citizens.

6. Who Are Priorities for Deportation? Below are some of the common categories that have been used by DHS to criminalize a broad range of people and classify immigrants as key targets for deportation: • “Criminal Alien” • “Convicted criminal” • “Suspected Gang Member” • “Other Removable Alien” or “Important Federal Interest”

7. Would ICE Enforcement Happen Here? The Department of Homeland Security does specify “Sensitive Locations” within which ICE must meet a higher degree of legal proof before they are empowered to enter, question, detain, or remove someone. These include schools, hospitals, churches, and more. Shelters are NOT specifically mentioned.

9. Would ICE Enforcement Happen Here? Ctd. This is not an exhaustive list—ICE also required to exercise caution at organizations assisting children, pregnant women, victims of domestic abuse or individuals with significant mental or physical disabilities. If your location could constitute a “sensitive location” under these policies, your staff should be trained to make this clear to immigration agents and/or their supervisor if they do show up to the location.

10. Would ICE Enforcement Happen Here? Ctd. In any event, the risk that an immigration agent from either Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) would come to a nonprofit agency or social service provider is relatively low. It is more likely that they would be targeting aliens at their homes or in more public spaces. Still, it is important for everyone to be prepared for this situation.

11. What Can You Do to Prepare? • Develop ICE Protocol: • Appoint people on staff to interact with ICE agents should they arrive, and train them on how to be cooperative without putting staff or clients at risk. They’ll be in charge of keeping ICE officers in a location where they won’t interact with customers and employees. • In addition, the selected point people should be familiar with the chain of command for supervisor contact and also know how to contact the company’s human resources and legal departments as well as outside counsel (if applicable) immediately. • Staff are not required to turn over documents or information without a subpoena or judicial warrant. • Provide ICE Protocol to all staff and ensure front-line staff are familiar with relevant policies

12. Potential Protocol Provisions • Development of policies and protocols to ensure client safety and confidentiality are key. Here are some suggested guidelines: • Nonprofits should not allow immigration agents access to non-public areas of their building and facilities unless the agents have a judicial search warrant (signed by a judge or magistrate within the past fourteen days) granting them that access to search for the listed items. **Note that immigration agents sometimes have “administrative” arrest warrants (signed by an immigration officer) but these do NOT grant them permission to enter areas that are not open to the public.

13. Potential Protocol Provisions • Nonprofits should not release information about their clients to immigration agencies unless those agencies have a judicial warrant (or subpoena) specifically requiring the release of that information or unless the client has consented. • **In many cases, nonprofit agencies may actually be prohibited from such release of information as a matter of law, policy or regulation.

14. Potential Protocol Provisions Nonprofits should train staff (front-line staff particularly) on how to respond if immigration agents do come to their location and set up a written action plan that might include the following actions: • Staff should inform immigration agents that they do not have permission to enter non-public areas of the building and facility unless they have a judicial warrant. • If agents have warrant, staff direct to supervisor to review documents/follow up with legal counsel • Staff should advise any clients who are nearby that they have the right to remain silent and do not have to answer any questions posed by immigration agents. **Staff should be careful, however, not to direct clients not to speak to the agents as this might be interpreted as interference.

15. Potential Protocol Provisions Nonprofits should train staff (front-line staff particularly) on how to respond if immigration agents do come to their location and set up a written action plan that might include the following actions: (Continued) • If possible, others should be moved to a private location of facility until situation is resolved. • Staff and clients should be informed that if they are engaged in questioning by immigration agents, they can ask the agents if they are free to go. If the agent says yes, they are of course free to leave. If the agent says the person is not free to go, they should explain that they would like the opportunity to consult with an attorney and otherwise remain silent. • If staff is asked questions by immigration agents, they should direct them to a supervisor.

16. Potential Protocol Provisions Nonprofits should train staff (front-line staff particularly) on how to respond if immigration agents do come to their location and set up a written action plan that might include the following actions: (Continued) • Staff should not lie to immigration officers. For instance, if immigration agents are asking about an individual who is actually in the building, staff should not say the person is not there but should simply decline to answer questions about that individual and consult with a supervisor. • Staff should document the name/contact information of agents and the supervisor of the agents. • Staff should not take any action to hide/conceal any person, or aid in their escape from premises.

17. Anything else? Other Pro-active client-focused strategies: • Encourage families to attend community “Know Your Rights” trainings • Review emergency contacts in your contact database systems. • Include reminders to families regarding updating emergency contacts, plans etc.

18. Family Preparedness Planningfor Immigrant Parents Giovanna Shay Litigation & Advocacy Director Greater Hartford Legal Aid 999 Asylum Ave. 3rd Floor (860) 541-5000

19. Make a Plan • Parents feel calmer if they have a plan to care for their children in the event of an emergency. • Immigrant parents should have a plan for their children in the event a parent is detained or deported. • Shelter staff can encourage parents to make a plan, and direct them to legal resources and help.

20. Planning Checklist for Parents • Arrange for a trusted adult to pick up or care for your child in an emergency. • Memorize important phone numbers. • Copy important legal documents (e.g., birth certificates, passports) and tell your family where they are kept. • Get passports for all countries in which your child is a citizen. • Consider naming a standby guardian for your child.

21. Standby Guardian A standby guardian is a trusted person whom you designate to take custody of your child and make decisions for your child if a specific condition takes place that makes you unavailable to care for them (e.g., you are detained or deported). You need to choose someone trustworthy and reliable, who is capable of caring for your child, and who has the room and resources to do so.

22. What does a Standby Guardian Do? A standby guardian could: • Pick up your child from school or daycare, so that your child will not be in DCF custody if you are not available to care for them. • Enroll your child in school. • Seek medical attention for your child. • If appropriate, and allowed by law, apply for public benefits for your child.

23. How Do I Set Up a Standby Guardianship? • In order to designate a standby guardian, a parent needs to fill out a legal form. • If the child’s second parent is alive, their rights have not been terminated, and they have not been removed as a guardian, the second parent must sign that they consent to the designation. • Both parents’ signatures must be witnessed by two people.

24. What About My Child’s Other Parent? • If your child’s other parent is alive, their rights have not been terminated, and they have not been removed as a guardian, they must consent to the designation of the standby guardian you name. • If the condition occurs, and you are unavailable, but your child’s second parent is still available, the standby guardian and your child’s second parent would act as co-guardians. • Two parents who agree about the standby guardian for their child might each choose to execute a separate form designating the same standby guardian.

25. FAQ Do I need to go to court to set up the standby guardianship? No. Is there a cost or fee for setting up the standby guardianship? No. When does the standby guardianship take effect? As soon as the condition that you named takes place (e.g., you are detained or deported). How long does it last? One year or whenever you take charge of your child, whichever comes first.

26. Does the Form Need to Be Notarized? • The standby guardianship form does not need to be notarized to be recognized by Connecticut authorities (e.g., the police, schools, DCF, hospitals). • Some countries require notarized consent letters if a standby guardian is travelling internationally with a child. Check with your country of origin for specific requirements if international travel is a part of your plan for your child.

27. Where Can I Get the Forms? • Parents who are interested in standby guardianship can contact a legal services office and an attorney will help if you are financially eligible. All inquiries are confidential. • The legal services programs also have placed the standby guardianship forms online at CTLawHelpat www.ctlawhelp.org/immigration.

28. Governor’s Family Preparedness Planning Toolkit The Governor’s Office has released a guide to help immigrant families with family preparedness planning. It includes the standby guardianship forms and also other useful information to help parents plan for their children. The Governor’s toolkit is online at http://portal.ct.gov/FamilyPreparedness.

29. Confidential Help is Available Hartford County – Greater Hartford Legal Aid (860) 541-5000 Ask for Janet or Luz New Haven County – New Haven Legal Assistance (203) 946-4811 The rest of the State – Connecticut Legal Services Immigration Hotline (800) 798-0671 International Institute of Connecticut -Bridgeport 203 336 0141 International Institute of Connecticut - Stamford 203 965 7190 International Institute of Connecticut - Hartford 860 692 3085 All inquiries and requests for help are confidential.

30. Avoid Unlicensed “Notarios”! If you seek legal assistance, go to a licensed attorney or a Bureau of Immigration Appeals (BIA) recognized advocate, like one of the legal services programs, IICONN, the American Place at Hartford Public Library, a law school clinic, or a reputable immigration attorney. Beware of unlicensed immigration “notarios” who charge money to execute standby guardianships. The forms are free. There is no filing fee. Free and low cost help is available.

31. Plans Make Parents Calmer We all hope that emergencies will not happen, but sometimes they do. Parents feel calmer when they have a plan. Shelter staff can spread the word about what parents can do, and direct them to legal resources and help.

32. Executive Order 13768 and Federal Funding Lisa Tepper Bates CCEH Executive Director

33. Executive Order 13768 • On January 25, President Trump signed Executive Order No. 13768, “Enhancing Public Safety in the Interior of the United States.” • Little is known about its interpretation or any accompanying guidance. • Section 9 of the order could restrict federal funding to sanctuary jurisdictions and impact their efforts to serve people experiencing homelessness.

34. What is a sanctuary jurisdiction? • A city, town, county, or state that has a policy of protecting undocumented immigrants by not prosecuting them for violations of federal immigration laws. • There is no agreed upon definition of a sanctuary jurisdiction. • While E.O. 13768 does not define a sanctuary jurisdiction, it states that any jurisdiction that does not comply with 8 USC 1371 is not eligible to receive federal grant funding.

35. CT and Sanctuary • Governor Dannel Malloy has issued a memo to law enforcement noting that “State and local law enforcement agencies are not required to engage in the enforcement of federal immigration law.” • Under CT state law, there are specific requirements regarding when state or local police or the Department of Correction can hold someone in custody solely based on a request from ICE.

36. What does the EO Mean for Sanctuary Jurisdictions? • If narrowly interpreted, the order could be limited to making sanctuary jurisdictions ineligible for funding from the Departments of Justice and Homeland Security. • The broadest interpretation of the executive order could impact other federal funding, which could include funding to address homelessness.

37. Immediate Funding Impact Unlikely • The Executive Order is unlikely to have an immediate impact on funding to homeless services providers. • On April 25, a United States District Court judge in San Francisco issued an injunction blocking implementation of the E.O. • The judge’s order temporarily stops new restrictions on federal funding if the White House does not go through Congress. • it does not keep the Administration from enforcing existing rules on grants: the Justice Department warned that several current federal grants could be in jeopardy.

38. Resources • You can find these resources at cceh.org: • Governor Malloy’s memo to superintendents of schools (February 22, 2017) • Governor Malloy’s memo to CT law enforcement (February 22, 2017) • National Alliance to End Homelessness brief for sanctuary jurisdictions, guidance for homeless providers

39. Questions?