Project HOPE-VA Youth Summit Older Youth Experiencing Homelessness June 2013 Patricia Julianelle, NAEHCY Legal Director [email protected] 1.

Project HOPE-VA Youth SummitOlder Youth Experiencing Homelessness

June 2013

Patricia Julianelle, NAEHCY Legal Director [email protected]

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Children without lawful status living with family 1.1 million undocumented children in U.S. (2009)

Unaccompanied youth Over 8,000 placed in U.S. custody each year (and rising) Children under 18 who come to the US without a parent or

legal guardian and have no parent or legal guardian, or are separated from family when they cross the border

Some may be in immigration proceedings, others may not Fleeing human rights abuses, poverty, natural disasters

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The same right to attend public school as citizens. Plyler v. Doe (Supreme Court, 1982)

Schools cannot require immigration documents or social security numbers for enrollment.

Schools cannot ask any immigration questions or “chill” enrollment.

So far, none of the recent state laws on immigration changes these requirements!

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Do not call immigration authorities.Do not tell others at school or in the community.Do support them as you would support other

families and youth.Do offer information about immigration

advocacy and service providers.Do not interfere with an active immigration

investigation.

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Undocumented immigrants can apply to public colleges and universities, except for those in AL, GA and SC.

CA, CO, CT, IL, KS, MD, MN, NE, NM, NY, OK, OR, TX, UT, WA, and RI (if attended 3 years of HS in the state) provide in-state tuition for resident undocumented immigrants.

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Federal and most state (except NM and TX) financial aid require immigration documentation.

Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented. However, if the student or parents supply a fake or

stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.

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Many, if not most, unaccompanied youth are eligible for legal status.

It’s important for youth to start early- age is a factor!It’s important to work with reputable immigration

advocates and attorneys! Lots of scams “Rookie mistakes” can lead to deportation Resources at the end

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Violence Against Women Act (VAWA) – Youth has been battered or subject to extreme cruelty by an LPR or USC parent or step-parent.

Child can also be included as beneficiary on parent’s application when the parent is married to and abused by an LPR or USC.

No fee Grants deferred action and work permitPathway to LPR status and citizenship

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Special Immigrant Juvenile Status (SIJS) — Child’s reunification with one or both parents is not

viable due to abuse, neglect, or abandonment Not in best interests to return to country of origin Determination is made by a state “juvenile” court

upon which the child has been declared dependent Unmarried & under 21; subject to state law age limits Pathway to LPR status and citizenship No fee or fee waiver

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U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help).

DV and sexual abuse are designated crimesGrants deferred action and work permit; no feePathway to LPR status and citizenship

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Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 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 purposes of subjection to involuntary servitude, debt bondage or slavery.

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Asylum– People who have suffered persecution, or face a reasonable possibility of persecution, in their home country, on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

Pathway to LPR status and citizenshipNo fee to apply

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DHS policy allowing certain young people to request protection against deportation for a two-year period and a work permit

Discretionary, decided on a case by case basisIt is not law. It is not the Dream Act.It does not lead to legal status.Fee is $465; may apply for fee exemption before

requesting DACA if under 18 and homeless/in foster care/otherwise lacking any familial support

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Eligibility requirements: Under age 31 and physically present in US on 6/15/12 15 years or older at time of request

(unless previously removed or in removal proceedings) Came to US before 16th birthday Resided in US continuously since 6/15/2007

(brief departure may be okay, but not if removed) Currently in school or completed high school or GED; or

honorably discharged from the military No felonies, limited misdemeanors, not a security threat

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Immigration and Schools: Supporting Success for Undocumented Unaccompanied Homeless Youth http://www.naehcy.org/dl/immig.pdf

ACLU’s Immigrant Services Directory: Public Resources for Intake Referrals http://www.aclu.org/immigrants-rights/immigrant-

services-directory-public-resource-intake-referrals

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Papers: Stories of Undocumented Youthhttp://www.papersthemovie.com/Legal Issues for School Districts Related to the

Education of Undocumented Children (National School Boards Association and National Education Association, 2009)

http://www.nea.org/assets/docs/HE/09undocumentedchildren.pdf

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Kids in Need of Defense (KIND) www.supportkind.org

Catholic Legal Immigration Network (CLINIC) www.cliniclegal.org

U.S. Citizenship and Immigration Service www.uscis.gov/childhoodarrivalsImmigrant Legal Resource Center (ILRC)

http://www.ilrc.org/files/youth_handbook_english.pdf17

The College Boardhttp://professionals.collegeboard.com/guidance/financial-

aid/undocumented-studentshttp://professionals.collegeboard.com/profdownload/

young-lives-on-hold-college-board.pdfThe Dream Act Portal

http://dreamact.info/Dream Activist

http://www.dreamactivist.org/

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