Detention of Men, Women, and Children & Florence Project Golden McCarthy Florence Immigrant & Refugee Rights Project Children’s Program

Adults v. Kids AdultsKids 250 Facilities (more or less) nation wide (Bed quota 34,000) 3,000 beds in Arizona 100 facilities (more or less) nation wide. 1,000 bed in Arizona In Arizona: 3 are run by CCA and one is owed by ICE All are non-profit organization contracted through Office of Refugee Resettlement Civil proceeding so no rights to attorney under constitution (Except in Franco cases) More rights developed under the Flores Settlement and codified under Trafficking Victims Protection Reauthorization Act of 2008 Released: Bond or win legal caseReleased: Reunification (“sponsor”) or win legal case 2016 proposed budget for DHS: $41.2 billion ICE: $5.96 billion

Housing Unit at Eloy Detention Center, Eloy, AZ Recreation area for people in Solitary Confinement at Pinal County Jail, Florence, AZ

Apprehension & Custody For Kids Department of Homeland Security Office of Refugee Resettlement - Reunification with Sponsor - LTFC - Return to Home country * Kids are placed in removal proceedings. < 72 hours -At the border -From the community

Who gets into ORR? UIC Children under the age of 18 Without lawful immigration status Parent or legal guardian : is not in the US or in unable or unwilling to provide care and physical custody. “Unaccompanied Immigrant Child“

Office of Refugee Resettlement (ORR) Must Comply with the TVPRA! Services: Education, health care, recreation, vocational training, mental health services, family reunification, case management and legal services. Ensures least restrictive placement possible: Best interest of the child placement determinations. Release to qualified sponsors and family members determined to be capable of providing for the child’s physical and mental wellbeing. Verify identity and relationship Interview Background checks Fingerprints checks of the FBI database-if non parental Ensures access to legal representation or counsel for all undocumented, unaccompanied children in custody.

Where are UICs coming from? FY 2014: Honduras: 34% Guatemala: 32% El Salvador: 29% Mexico: <2% All other countries: <3%

Why do they come? Violence in their home country (gang and drug wars, extortion, kidnapping) Forced gang recruitment Abusive family relationships Abandonment by family Extreme poverty and lack of economic opportunity Rejoining family already in the United States Victim of trafficking in their home countries of the U.S.

Why do they come? “My father would get mad at me and beat me all the time. Sometimes he would beat me with a belt every day. My mother couldn’t really defend me because he would beat her, too.” -Jose Luis, 12 “When I was 5 years old, my father tried to kill my mother with a gun. I was sitting in a corner and I watched him pull out a gun and shoot at her. The bullet missed my mother and she began to cry very hard. I will never for get this. When I was 7 years old, my father began to hit me and my siblings. My mother would stand in front of us to try to stop him but he would only hit her too.” -Gustavo, 17

Rise of Legal and Social Services Needs More Children in Removal Proceedings: representing self in court Accessing free or low-cost legal services Courts unprepared for children defending their legal cases Undocumented sponsors: resist accompanying children to court Language access: need for Spanish and Indigenous Languages Increased Needs for Social Service: Schools: barriers to enrollment and transition to US education system Trafficking and debt bondage: money owed to smugglers Working unsafe conditions: chicken factories, day laborers, farmworkers Rise of homelessness Rise of mental illness and substance abuse: result of trauma CountryFY 2009FY 2010FY 2011FY 2012FY 2013FY 2014FY 2015 El Salvador1,2211,9101,3943,3145,99016,4049,389 Guatemala1,1151,5171,5653,8358,06817,05713,589 Honduras9681, ,9976,74718,2445,409 Mexico16,11413,72411,76813,97417,24015,63411,012 Total 19,41818,16815,70124,12038,04567,33939,399

The Role of the Florence Project and other legal service providers Provide Universal Representation to ALL UICs in Arizona UICs are in removal (deportation) proceedings When Children are Detained? Know Your Rights presentations Screen for relief: SIJS, T-Visa, Asylum, etc. Refer cases to other nonprofits around the country after the kid reunified Direct Legal Representation When Children are Released to Sponsors in Arizona? Know Your Rights to Sponsors and UICs Screen for relief Direct Legal Representation

Special Immigrant Juvenile Status (SIJS) Dependent on a juvenile court (dependency, delinquency or guardianship) or committed to/placed under custody of an agency/department of a state or individual/entity appointed by a state or juvenile court; Reunification with one or both of the juvenile’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; Not in the juvenile’s interest to return to his or her home country; and Under 21 and unmarried.

Asylum Must be a victim of past persecution or have a well- founded fear of future persecution based on race, religion, political opinion, membership in a particular social group, or nationality Persecution must be on account of membership in that PSG Must be examined through a “reasonable child” standard Extra protection under the TVPRA UACs can file affirmatively before USCIS Trained asylum officer UACs (but not all kids) not subject to one-year filing bar

OJO! When a Kid Discloses…Connect kid to lawyer Possibly qualifies for Biological mom/dad is out of the picture: abandoned, incarcerated, abusive or Child is in DCS/Child Protective Services/Custody of the state SIJS Child is being cared for someone OTHER than biological mom/dadSIJS Child’s family in home country are being threatened or killedAsylum Child has been forced/coerced to preform work of any kindT visa Child committed a juvenile delinquencySIJS Child was the victim of severe abuse in home country by caretaker and now live with parents in US Asylum Child abused by parent in USSIJS or U visa Child has been victim of a crimeU Visa Child has been in US since 2007 and in school or has degreeDACA

ALSO: THIS 18 and 21 years old! Don’t let kids lose out on relief! Why does Golden get crazy about this stuff??? FY : kids who were in removal proceedings 72% with attorneys were permitted to remain in US 88% without attorneys were deported

Florence Project Representation We are our clients’ attorneys We are not GALs, we do not to a best interest analysis We assume our client, when properly advised, is capable of making decision Regardless of their age, we respect our client’s decisions We believe it is our responsibility to meet the clients where they are at: change our language, break down the information, use diagrams, pictures, timelines.

Preparing for Detention Make a Family Plan Contact numbers and legal documents in safe place Creating power of attorney or guardianships for relatives to care for children Putting away money for bond and commissary account Firrp.org/resources/prose/parentalrights Detained by ICE Initial phone call, 1 minute Family needs detainee’s A-number, facility name, and commissary number (on name tag given by ICE) If Detained in AZ: Request to speak with the Florence Project

Questions?