1. Protecting and Serving Immigrant Children and Families
Emily Brock, Children’s Program Senior Staff Attorney
Rocky Mountain Immigrant Advocacy Network (RMIAN)

2. AGENDA Who is RMIAN, what can we offer immigrants and you?
What has changed for immigrants under the new administration?
How does undocumented status effect children?
What rights do immigrants have if encountered by the police or Immigration and Customs Enforcement?
What if ICE is on the perimeter of your school?
How do we encourage children and their families to feel safe?
Pathways towards lawful immigration status for immigrant children and their families
Questions?

3. CHILDREN’S PROGRAM
Serves immigrant youth and families who have suffered abuse, abandonment, neglect, trafficking or crime with free legal services:
Case screenings and assessments.
Direct legal representation.
Referral to pro bono attorneys.
Education and outreach.
DETENTION PROGRAM:
Serves adult immigrants detained at the GEO/ICE immigration detention center in Aurora, Colorado.
SOCIAL SERVICE PROJECT

4. Previous priorities for immigration enforcement under Obama Administration:
National Security Risks, Those Caught Trying to Cross Illegally, Gang Members, Convicted Felons
Convicted of Multiple or Serious Misdemeanor Crimes
Recent Final Orders of Deportation
Prosecutorial discretion for long-time residents without criminal history, deferred action for childhood arrivals (DACA), parents of US citizens (DAPA-stopped)
More deportations than any other administration (so far), increase in family detention

5. And now…
“If you’re in this country illegally and you committed a crime by entering this country, you should be uncomfortable. You should look over your shoulder, and you need to be worried,” - ICE Director Thomas Homan

6. New “Priorities” Under Trump
Department personnel should prioritize removable non-citizens who:
(I) have been convicted of any criminal offense;
(2) have been charged with any criminal offense that has not
been resolved;
(3) have committed acts which constitute a chargeable criminal
offense;
(4) have engaged in fraud or willful misrepresentation in
connection with any official matter before a governmental
agency;
(5) have abused any program related to receipt of public
benefits;
(6) are subject to a final order of removal but have not complied
with their legal obligation to depart the United States; or
(7) in the judgment of an immigration officer, otherwise pose a
risk to public safety or national security.

7. More changes under new Executive Orders
Revival of “secure communities” everyone arrested has fingerprints sent to ICE
Revival of 287(g) deputizes certain law enforcement officials to enforce immigration law, question about immigration status, issue detainers
Tripling of ICE/CBP officers
Expansion of “expedited removal” (removal without rights to a hearing) to anyone who can’t prove 2 years residence in the US
Threatens funding of “sanctuary cities”
Limits prosecutorial discretion Limits parole, INCREASES detention

8. What is ICE doing in Colorado?
No sweeps or checkpoints in Colorado confirmed so far (Operation “Mega” is rumored to resume shortly)
We have confirmed that there was been a “push” to interview sponsors of UACs regarding their involvement in a child’s journey to the United States - one arrest confirmed in Colorado in connection with that
ICE will not arrest at sensitive locations, such as schools and churches pursuant to this memo: outreach/pdf/ policy.pdf
Every arrest is a "targeted" person but maintain discretion for “collateral arrests”
(National ICE says won’t “rule out” arresting crime victims who report)
While the Obama priorities are technically gone, they are still there "in concept”
ICE still must weigh arrest against realities of lack of resources, such as detention bed space. For Denver Field Office, the priorities are still aggravated felons, sex offenders, recent DUI's, and national security

9. What is ICE doing in Colorado?
When anyone booked into jail, fingerprints sent to ICE
Jails won’t hold immigrants on detainers (“ICE Holds”) anymore, BUT will inform ICE of release date and sometimes delay release
Probation will sometimes collaborate with ICE to have person picked up at probation appointment
ICE trolling courts to pick up defendants there
Denver Mayor, City, County, and Public School Officials have called on ICE to stay out of courthouses and other sensitive locations
In August of 2017, the Denver City Council passed city ordinance restricting local law enforcement cooperation with ICE

10. How does undocumented status effect children?
Whether the children themselves are undocumented, or they are US citizen children of undocumented parents, studies have shown the following:
Children that fall in either category have a lower educational attainment
Citizen children often do not benefit from means-tested benefits for which they are qualified due to fears or lack of information on the part of the undocumented parents
Undocumented and citizen children are less likely to have regular visits to the dentist or doctor due to a lack of empowerment in the community.

11. Effects of undocumented status cont’d…
High levels of stress caused by fear of a losing a parent to deportation (or of being deported themselves), hiding the legal status of the family and living in fear of authority often manifests itself in psychological and behavioral changes such as
Anxiety
Depression
Fear
Attention Problems
Rule-breaking behaviors
Toxic Stress Syndrome

12. WHAT ARE NONCITIZENS’ RIGHTS?
WE ALL HAVE THE RIGHT TO REMAIN SILENT!
The right to refuse permission to enter or search yourself, your car or your home.
If ICE comes to the door, ask who it is, you do NOT have to open the door unless they have a warrant signed by a Judge—NOT an ICE warrant
If stopped in a car, must show license but still can remain silent and refuse search.
If stopped anywhere, Ask if you are free to go. If yes, calmly leave. If no, stay silent!
If you are arrested, you have the right to ask for a lawyer. Ask for one immediately.
You do not have to answer questions about your immigration status or country of birth!
Never sign anything without talking to a lawyer!!!
Everyone has these rights, no matter what your immigration status is!

13. What if ICE is on the perimeter of our school?
If the children are not part of the enforcement action and the parent gives consent, try to get the children into a safe space as soon as possible.
Call the Colorado Rapid Response Team at
If you feel comfortable intervening, ensure that all the rights outlined in the previous slide are being observed
Does ICE have a warrant?
If the individual wishes to remain silent, are they honoring that
Ask if the individual is free to leave and if so, escort the individual onto the premise of your “sensitive location”

14. How do I encourage children and families to feel safe at our organization?
Provide materials/information for parents in other languages
Start groups such as Spanish language coffee groups and bring in organizations like RMIAN to present on immigration issues
Train staff on issues of cultural sensitivity
Using the term “undocumented” instead of “illegal”
Understanding that undocumented parents often work more than one job, or work jobs that are difficult to request time off from, so often they will miss events, even in the evening
Children may be hesitant to provide details regarding their families for fear of enforcement against them

15. Common Pathways Towards Immigration Status
ALWAYS refer to/consult a licensed immigration attorney!

16. U Visa for Victims of Serious Crimes
Victim of qualifying crime (domestic violence, felonious assault, sexual abuse)
Can be “indirect victim” ie- parent of US citizen child victim
Crime must be reported
Cooperation with law enforcement: law- enforcement certification
Suffered substantial physical or emotional harm as a result of crime
Key= reporting crime, cooperation, not status of abuser or relationship

17. Violence Against Women Act (VAWA)
Pathway to legal permanent residence for victim of domestic violence and certain family members
Must be the spouse, parent, or child of an abusive U.S. citizen or lawful permanent resident
Immigration status of abuser and marriage are the KEY
Doesn’t matter if domestic violence ever reported (but helps)
Required to show:
Proof of abuser’s immigration status
Good faith marriage (not for immigration purposes)
Joint residence at some point with abuser
Battery or extreme cruelty (physical abuse or other power and control)
Good moral character

18. Special Immigrant Juvenile Status
Pathway to permanent residence ONLY for a child= Under 21 and unmarried
Under jurisdiction of a “Juvenile court”
Probate (guardianship),
Domestic Relations (custody/ “APR”),
Dependency & Neglect,
Delinquency,
Adoption
Cannot reunite with one or both parents due to parental abuse, abandonment, or neglect
Not in child’s best interest to return to country of origin

19. T Visa for victims of trafficking
Pathway to Permanent Residence for victims of trafficking and certain family members
Victim of a severe form of sex or labor trafficking;
Commercial sex or
labor/services through force, fraud, coercion
Is physically present in the U.S. on account of such trafficking;
Has complied with any reasonable request for assistance in the investigation or prosecution of trafficking (or under 18) ;
Would suffer extreme hardship involving unusual and severe harm in the event of removal. 19
Protections for Victims of Human Trafficking and Other Crimes

20. Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals (DACA) is an executive order signed on June 15, 2012 by Obama.
This executive order stated that to qualify an individual must:
1) Be at least 15 years old, and have been under 31 years old as of June 15, 2012 (currently under 35).
2) Arrived to U.S. under the age of 16;
3) Have continuously resided in U.S. since June 15, 2007
4) Present in U.S. on June 15, 2012
5) Are currently in school, have graduated high school, have a GED, or are honorably discharged from the Armed Forces;
6) Have not been convicted of certain criminal offenses or pose a threat to public safety or national security.

21. DACA Today…
On September 5, 2017, President Trump ordered the phase out and eventually the end of DACA over two and half years. This means that, as of September 5, 2017:
USCIS will continue to process all pending INITIAL applications ACCEPTED as of September 5, 2017but will reject all other new INITIAL applications.
USCIS will continue to process all pending RENEWAL applications that have already been filed.
USCIS will continue to accept and process RENEWAL applications until October 5, from applicants whose DACA expires between September 5, 2017 and March 5,
DACA recipients whose DACA has already expired are no longer eligible to renew.
USCIS will reject all INITIAL and RENEWAL applications received after October 5,
IMPORTANT: Anyone with a current, unexpired employment authorization card related to DACA will remain protected under DACA until the date the card expires.

22. Adjustment of Status: applying for permanent residency
(a “green card”) in the U.S. based on a family or employment relationship
 Applicant must have a visa immediately available.
 Applicant must have entered the U.S. lawfully OR be able to prove that an immigrant petition filed for him on or before April 30, 2001.
Applicant must be admissible to the U.S. or must qualify for a waiver of any inadmissibility grounds.
** “VAWA Adjustment” for victims of domestic violence: allows victim to “stand in the shoes” of an abusive partner and petition for herself.
This means USCIS has approved a visa petition based on a family or employment relationship and there are visas available in the relevant category. Immediate relatives of U.S. citizens always have visas available but in other categories there are often huge backlogs.

23. Asylum
Asylum is a form of immigration relief available to those who are unable or unwilling to return to their home country because of past persecution or a well-founded fear of future persecution on account of:
Race
Religion
Nationality
Membership in a particular social group, or
Political opinion
Typically, the applicant must apply within one year of entering the United States (exceptions for unaccompanied children, changed circumstances)
Many people from Central America currently fleeing to US to seek asylum

24. Questions? Emily B. Brock RMIAN Children’s Program
Senior Staff Attorney
(720)