Immigration & Unaccompanied children Immigration Advocacy in Alabama Joshua Medina Equal Justice Works, University of Alabama Law School Clinics
Immigration enforcement policies The 287(g) Program Section 287(g) of the Immigration and Nationality Act (INA); became law as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). State and local police officers collaborate with the federal government to enforce federal immigration laws using three models: Task force: Question alleged noncitizens and arrest those believed to be undocumented. Jail Enforcement: Interrogate alleged noncitizens who have been arrested; may place immigration detainers on those thought to be subject to removal Hybrid: combines elements of both models The 287(g) program shown unable to focus on serious criminals, and has harmed the relationship between police and local communities. Secure Communities (S-Comm) Linked local law enforcement booking systems (primarily finger printing system) with Homeland Security Began as a pilot program under George W. Bush Expanded under Obama before being rewritten due to failure to prioritize immigrants with severe crimes Priority Enforcement Program (PEP) Started in 2014, ended Secure Communities and introduced 3 priority levels: Noncitizens convicted of a felony, those engaged in terrorism or gang activity, or those apprehended at the border while attempting to enter unlawfully; Noncitizens convicted of three or more misdemeanor offenses, one “significant misdemeanor,” or those who recently entered the U.S. without authorization; and Noncitizens who have been issued a final order of removal. Detainers required probable cause that immigrant was removable Secure Communities Reinstatement S-Comm reintroduced in early 2017, with the threat of withholding federal funding to jurisdictions that refuse to cooperate.
immigration policy in Alabama HB-56: Affected areas including: Education; Ally Actions; Law Enforcement; and Equal Protection. Immigrant communities must decide between: Self-Advocacy Self-Preservation
Intersection of Immigration & abuse Vulnerability & Control Power dynamics make it safer to stay than to leave Lack of Immigration Status as a Mechanism for Control Domestic Violence Human Trafficking
Systemic abuses Predatory Lending Extortion Notario Fraud Institutions
Pertinent Federal agencies
Unaccompanied children “Unaccompanied alien child” (UAC) is a technical term defined by law as a child who: Has no lawful immigration status in the United States; Has not attained 18 years of age; and With respect to whom There is no parent or legal guardian in the United States; or No parent or legal guardian in the United States is available to provide care and physical custody.” Due to their vulnerability, these young migrants receive certain protections under U.S. law. The immigration laws do not define the term “accompanied” children, but children arriving in the United States with a parent or guardian are considered accompanied.
T visa You may be eligible for a T visa if you: Are or were a victim of severe trafficking, as defined by law Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking· Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma) Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States Are admissible to the United States. If not admissible, you may apply for a waiver Congress has defined "severe form of trafficking in persons" as comprising either of two different acts: Sex trafficking in which: A commercial sex act is induced by force, fraud, or coercion, or In which the person induced to perform the act is not yet 18 years of age; or The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery
Special immigrant juvenile status Special Immigrant Juvenile Status (SIJS) is an avenue for undocumented children to obtain legal status when they cannot be reunified with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law, and it is not in their best interest to return to their home country. (8 U.S.C. § 1101(a)(27)(J).) Youth who are successful in obtaining a special immigrant juvenile visa become immediately eligible to apply for a green card. However, before a youth may apply for the special visa, the process for SIJS begins in state court. To be eligible to apply to U.S. Citizenship & Immigration Services (USCIS) for SIJS classification, a child must first obtain three findings from a state court: The child has been declared dependent on a juvenile court or legally committed to or placed under the custody of a state agency or department or an individual or entity appointed by a state or juvenile court; Reunification with one or both of the child’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and It is not in the child’s best interest to be returned to his or her country of nationality or last habitual residence.
Abandonment, neglect or abuse Abandonment: AL Code § 13A-13-5 (2012) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it. Neglect: AL Code § 26-16-2-6 (2012) Harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A. Abuse: AL Code § 26-16-2-2 (2012) Harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
Multi-level, collaborative advocacy The Attorney’s Role Recognizing the unique experience of working with a vulnerable population Levels Community Members Grassroots Leaders Attorneys Alabama-Based Organizations Regional/National Organizations Systemic Change
Thank you Joshua Medina Equal Justice Works, University of Alabama Law School Clinics jmedina@law.ua.edu