Immigration 2015 at the State and Local Level
Join the Immigration and Refugee Policy webinar starting on January 12th at 4 p.m. EST. Explore state and local policies in 2015, trust act models, sanctuary city ordinances, DHS appropriations, and the Aderholt Bill. Learn about current challenges and ways to support immigrant communities.
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interfaithimmigration.org Immigration 2015 at the State and Local Level Call and Webinar will begin on Monday, January 12th at 4 p.m. EST For audio, please dial 805-399-1000 and enter access code 104402 Audio Visual Link is at http://join.me/faith4immigration
AGENDA 4:00 4:05 Immigration and Refugee Policy Welcome & Overview State of Play on Immigration- Jen Smyers, CWS Associate Director 4:10 Center- Senior Staff Attorney State and Local Policies in 2015- Tanya Broder, National Immigration Law 4:20 Policy Director and Senior Staff Attorney, Criminal Justice Reform Program Asian Americans Advancing Justice Asian Law Caucus Model Policies on TRUST Act- Detainer Policies- Angela Chan, 4:30 Legis. Affairs, National Day Labor Organizing Network Organizing for Not1More and PEPCOMM- Salvador Sarmiento, Director for 4:40 Sanctuary City Ordinances, Rev. Noel Andersen, CWS National Grassroots Coordinator 4:40 Q&A/ Discussion
National State of Play Educate our communities Urge Congress to defend Deferred Action: 1-866-940- 2439 State legislation Appropriations Defeating federal anti-immigrant legislation Bills to stop deferred action Rejecting additional border militarization and detention beds Protecting unaccompanied children Thinking creatively about real solutions that impact immigrant communities, like municipal IDs Focusing on civic engagement to build power for 2016 elections, future Congressional immigration reform3
DHS Appropriations Strategy of House leadership to hold up DHS appropriations and threaten government shutdown over Executive Action Exec Action = Fee funded, no appropriations Both parties in Senate opposed, Veto threat Still need show strong opposition to reduce repeat attempts Opportunity showcase where most DHS funding goes enforcement, detention and how should reduce these costs 4
Aderholt Bill H.R. 191 and S. 129 Repeal Executive Amnesty Act of 2015 Executive Action: Undo DACA, DAPA, Morton memos, stops funding DHS, hiring freeze on USCIS until the President rescinds his actions. Parole: Narrows the definition of Humanitarian and Public Interest Parole, denies parolees living U.S. work authorization, any benefits, and the ability to adjust status. Those denied refugee status would also be ineligible for parole. Unaccompanied Children: Roll back protections in the Trafficking Victims Protection Reauthorization Act (TVPRA) so that children would be unsafetly returned to their home country without proper screenings; extend detention for children; target undocumented care takers of UACs; narrow the definition of a UAC to only children who have no family members over the age of 18 that could care for them in the United States. Immigrants and Healthcare: Limit access to healthcare benefits through the ACA and other health programs. Eligibility criteria would exclude lawfully present immigrants such as parolees, and would place a five-year bar for permanent residents to access to some healthcare programs. Enforcement: Mandate that states and local law enforcement agencies comply with the Secure Communities (SCOM) program and enforce immigration laws or be penalized with less funding. They expand the definition of undocumented criminal alien and the detainer process. Asylum Seekers and Temporary Protection Status (TPS): Deny access to government funded legal counsel to asylum seekers or anyone in deportation proceedings and puts more requirements on the credible fear interview for asylum seekers, making it more difficult to be granted protection in the United States. Those in the United States under TPS would be at risk for removal. Sponsored by Rep. Robert Aderholt (R-AL-4); co-sponsors include 24 members of congress. The similar piece of legislation in the Senate is sponsored by Sen. Ron Johnson (R-W). Summaries of bad bills: www.interfaithimmigration.org/2015/01/11/legislation-opposing-executive-action-on-immigration/ 5
Family Separation will Continue to be a part of our Immigration System 6
Local and State Initiatives The next congress is not expected to move immigration legislation that the President could actually sign. Immigration policy will move to the local and state levels in protecting administrative action and the ability to get a license with deferred action Push forward with state driver s license, equitable tuition, municipal IDs, local detainer policies, Sanctuary City Ordinances and more 7
State and Local Campaigns for 2015 Access to Immigration Relief Driver s Licenses and Municipal IDs Tuition Equity, Scholarships, Loans, Financial Aid Health Care expansions Professional Licenses Workers rights Anti-racial profiling, community policing, and criminal justice reforms Right to counsel 8
Investing in Immigration Relief State or Local Office of New Americans Access to Legal Services Loan Loss Reserves and Giving Circles Support in Documenting Eligibility (continuous residence, relationships to children, identity) Education for childhood entrants (GED classes, improving access to existing services) Community Education and Outreach 9
State Laws & Policies on Drivers Licenses for Immigrants | January 2015 ME WA VT MI MN NH MT Alaska ND MA NY OR WI RI CT MI SD ID NJ PA WY DE OH IA MD NE NV IN IL DC WV VA UT CA CO KY MO KS NC TN OK SC AR NM AZ AL GA MS Hawaii TX LA FL PR KEY KEY States that offer access to driver s license or card, regardless of immigration status. States that deny driver s licenses to youth granted DACA.
Current State Laws & Policies on Access to Higher Education for Immigrants | January 2015 ME WA VT MI MN Alaska NH MT ND MA NY CT OR WI RI MI SD ID NJ PA WY DE OH IA MD NE NV IN IL WV VA UT CA CO KY MO KS NC TN OK SC AR NM AZ AL GA MS Hawaii TX LA FL Legend Legend States with tuition equity laws States with tuition equity policies at major institutions States with tuition equity laws and scholarships States with tuition equity laws or policies, and some state financial aid States that ban enrollment to undocumented students States where some college systems deny enrollment
Defending Against Restrictive Bills Driver s License Restrictions: GA, KS, AZ (marked); NM (undocumented) Higher Education Restrictions: TX, CT (tuition equity); MO, NV (scholarships); VA (in-state tuition for DACA/DAPA/TPS) More proposed Restrictions: TX anti-sanctuary, e-verify, human smuggling, Executive can t interfere with state rights, no community supervision, seek federal reimbursement for costs; SC omnibus (K-12 check, hospital denials, benefits restrictions, crime of human smuggling, contracting) and prohibiting state and local actions/expenditures relating to AR grantees. Make the case for economic and social benefits of AR and other integration measures to states and localities 12
Sample Resources Grantmakers Concerned with Immigrants and Refugees (DACA) https://www.gcir.org/about/special_initiatives/deferred_action NILC Toolkit: Access to Driver s Licenses for Immigrants http://www.nilc.org/DLaccesstoolkit1.html#contents NILC Toolkit: Improving Access to Postsecondary Education for Immigrant Students http://www.nilc.org/eduaccesstoolkit.html NILC: Immigrants and Health Care; Executive Action http://www.nilc.org/health.html; http://www.nilc.org/relief.html CA Immigrant Policy Center www.caimmigrant.org Make the Road New York http://www.maketheroad.org National Domestic Workers Alliance Campaigns http://www.domesticworkers.org/campaigns 13
Replacing S-Comm with PEP-Comm On Nov. 20, 2014, DHS announced that the Secure Communities (S-Comm) will be replaced with the Priority Enforcement Program (PEP-Comm) Under PEP, ICE will continue to receive fingerprint information from all persons at the time of booking. However, ICE is supposed to take enforcement action only against persons who have been certain criminal convictions and prior removal histories that makes them a priority for removal. This includes significant misdemeanors. Except for in special circumstances, ICE will request notification of an individual s release from local jail, rather than detention. It is still unclear, when and how PEP-Comm will be implemented. 15
PEP-Comm FBI State Identification Bureau State Criminal Background Check Local Law Enforcement (CJIS Database) Federal criminal background check DHS No Match (IDENT Database) S-Comm Civil Immigration Background Check ICE Notification Match: Undocumented or LPR 16
Model TRUST Policies No ICE holds No ICE notification No access to ICE to local jail No access to ICE to jail computers, databases, and inmate logs No interrogations about immigration status Review and signing of U visa certification requests 17
How to organize against police/ICE entanglement 1. Send letter to local sheriff and police chief on concerns with PEP see model letter example 2. Meet with your local sheriff and police chief 3. Share stories about the impact of police/ICE entanglement on separating families 4. Explain concerns about due process, racial profiling, community trust, and the broken immigration system 5. Ask sheriff/police chief to adopt model policy 6. Follow up and make sure policy has been adopted 18
Dismantling PEP-Comm & Poli-Migra Organize from the Bottom-up An Order: sheriff, chief, mayor Local ordinance: city council Members of Congress Regional ICE field directors Building alliances, building consensus Public defenders, bar associations Hold the line: Not One More In 2015 - #EndItDontMendIt 20
Sanctuary Movement and Sanctuary Cities 21
Building off Sanctuary City Ordinances/Resolutions Many cities may already have a Sanctuary City or an Immigrant Welcoming Resolution These can sometimes be more symbolic resolutions, often times lacking concrete policies that truly affect impacted populations What can it look like to use Sanctuary or Immigrant Welcoming platforms to help launch new local policies 22
Carry on the Sanctuary Tradition We demonstrated this with our landmark 1989 sanctuary city ordinance and reaffirmed it with recent programs such as my Pathways to Citizenship and DreamSF initiatives to help immigrants in our city to a path to legal status or citizenship. Mayor Ed Lee San Francisco, Los Angeles and many other counties stopped honoring ICE Holds after Federal Court found Oregon County Liable 23
Building Power through Local Organizing Local Organizing work helps us build power from the bottom upward Gives people a sense of their own power Builds our base Creates incremental wins to move welcoming policy initiatives at the state and national level 24
IIC Contacts by organization HIAS: Liza Lieberman, liza.lieberman@hias.org Interfaith Worker Justice: Michael Livingston, mlivingston@iwj.org Irish Apostolate USA: Geri Garvey, administrator@usairish.org Islamic Information Center: (currently no contact available) Jesuit Refugee Service/USA, Mary Small, msmall@jesuit.org Jewish Council for Public Affairs: Jill Borak, jborak@thejcpa.org Leadership Conference of Women Religious: Ann Scholz, SSND ascholz@lcwr.org Lutheran Immigration and Refugee Service: Brittney Nystrom, Bnystrom@lirs.org Maryknoll Office for Global Concerns: Judy Coode, jcoode@maryknoll.org Mennonite Central Committee: Tammy Alexander, TammyAlexander@mcc.org Muslim Public Affairs Council: Hoda Elshishtawy, hoda@mpac.org Sisters of the Good Shepherd: Larry Couch, lclobbyist@gsadvocacy.org National Council of Churches: Russell Meyer, rmeyer@floridachurches.org National Council of Jewish Women: Madeline Shepherd, madeline@ncjwdc.org NETWORK: Ashley Wilson, awilson@networklobby.org Pax Christi: Anne-Louise Nadeau, anadeau@paxchristiusa.org PICO: Gordon Whitman, gwhitman@piconetwork.org Presbyterian Church, USA: Teresa Waggener, Teresa.Waggener@pcusa.org Sisters of Mercy of the Americas: Ryan Murphy, rmurphy@sistersofmercy.org Sojourners: Ivone Guillen, iguillen@sojo.net 3P Human Security: Tom Brenneman, cooperativebydesign@gmail.com T ruah: The Rabbinic Call for Human Rights, Rabbi Rachel Kahn-Troster rkahntroster@truah.org Union for Reform Judaism: Charlie Arnowitz, carnowitz@rac.org Unitarian Universalist Association: Jen Toth, JToth@uua.org United Church of Christ: Rev. Mari Castellanos, castellm@ucc.org United Methodist Church: Bill Mefford, bmefford@umc-gbcs.org UNITED SIHKS: Mejindarpal Kaur, Pushmeet.kaur@unitedsikhs.org U.S. Conference of Catholic Bishops: Kevin Appleby, kappleby@usccb.org U.S. Jesuit Conference, Shaina Aber, saber@jesuit.org World Relief: Jenny Hwang, jhwang@worldrelief.org African American Ministers in Action: Leslie Malachi, lmalachi@pfaw.org American Baptist Home Mission Societies of the American Baptist Churches, USA: Aundreia Alexander, Aundreia.Alexander@abhms.org American Friends Service Committee: Lia Lindsey, llindsey@afsc.org American Jewish Committee: Chelsea Hanson, hansonc@ajc.org Bread for the World Institute: Andrew Wainer, awainer@bread.org Christian Church (Disciples of Christ): Sharon Stanley, sstanley@dhm.disciples.org Church of the Brethren: Nate Hosler, nhosler@brethren.org Church World Service: Jen Smyers, jsmyers@cwsglobal.org Columban Center for Advocacy and Outreach: Chloe Schwabe, cschwabe@columban.org Conference of Major Superiors of Men: Eli McCarthy emccarthy@cmsm.org Daughters of Charity: Mary Ellen Lacey, Maryellen.lacy@doc.org Episcopal Church: Katie Conway, kconway@episcopalchurch.org Franciscan Action Network: Marie Lucey, lucey@franciscanaction.org Friends Committee on National Legislation: Ruth Flower, flower@fcnl.org
