interfaithimmigration.org
Executive Action on immigration:
What does it mean for our communities?
Call and Webinar will begin on
Tuesday, November 25th at 12:00 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
12:00
Welcome & Overview
12: 05 David Leopold, General Counsel and Former President of the
American Immigration Lawyers Association (AILA)
12: 15 Shiu-Ming Cheer, Immigration Attorney, National Immigration Law
Center
12:25
Shaina Aber, Policy Director, Jesuit Conference and Brittney Nystrom,
Director for Advocacy, Lutheran Immigration and Refugee Service
12:35
Noel Andersen, National Grassroots Coordinator, Church World
Service
12:45
Q&A
President’s Authority to Act
• Deferred action is one of the many long-standing forms of
prosecutorial discretion available to the Executive Branch.
• Every U.S. President has used their authority to offer temporary
immigration relief to groups in need since at least 1956. George
W. Bush exercised prosecutorial discretion in the aftermath of
Hurricane Katrina for over 40 percent of the then-unauthorized
population.
• President Obama has signed fewer executive orders than any
president in 130 years.
• The President has been clear that he can’t stop all deportations or
fix the immigration system on his own, but he has also been clear
that he has some power to address immigration within existing
legal authorities – just as numerous Presidents before him have
done.
3
Deferred Action for Parents (DAP)
• Undocumented parents of U.S. citizens or lawful permanent
residents (LPRs) can apply for deferred action for a 3 year
period that can be renewed if they:
– have continuously been in the U.S. since before Jan 1, 2010
– AND have a USC or LPR child on the date of announcement
• Receive a social security number & can work and travel legally
• No path to permanent residence or citizenship
• Must pass a background check & pay $465 fees
• Completely discretionary and may be revoked any time
• DHS must identify persons in their custody who meet DAP
criteria, review pending removal cases, and refer such
individuals to USCIS.
4
Expansion of Deferred Action for
Childhood Arrivals (DACA)
• Currently DACA allows individuals under 31 who came to the
U.S. before June 15, 2007 and before they turned 16 to
apply for deferred action
• The administration is expanding eligibility for DACA by:
– removing the 31 year age cap
– permitting children under 15 years of age to apply
– moving the date of entry to Jan 1, 2010
• 3-year period that can be renewed
• Receive social security number & work and travel
authorization
• Must pass background check and pay $465 in fees
• No path to permanent residence or citizenship
• Completely discretionary and may be revoked any time
5
Improvements to 3 and 10 Year Bar Waivers
• Many undocumented immigrants who otherwise qualify
for permanent residence must leave the country first
before they can get a green card. However, when they
leave the U.S. they trigger a 3- or 10-year bar to re-entry.
• Last year, USCIS announced that the spouses and minor
children of U.S. citizens can apply for a waiver while still in
the U.S. if they demonstrate that separation would cause
“extreme hardship” to a U.S. citizen spouse or parent.
• The administration will now permit spouses and children
of LPRs and adult children of U.S. citizens to seek waivers.
• Criteria for “extreme hardship” under revision
6
How can we prepare?
• Educate communities and guard against notario fraud – no one can
apply for anything yet
• Help people gather documents that establish their identity, how
long they have lived in the U.S., and relationship to a US citizen or
greencard holder
• Direct individuals to credible legal resources and emphasize people
working with a lawyer to apply
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www.uscis.gov
AdminRelief.org
iAmerica.org
CLINIC: Catholic Legal Immigration Network
Justice for Our Neighbors immigration legal clinics
CWS refugee resettlement network
Lutheran Immigration and Refugee Service
National Immigration Law Center
American Immigration Lawyers Association
7
Enforcement Priorities &
Prosecutorial Discretion
DHS issued a memo on Nov. 20, 2014, that will take the place of the
June 2011 PD memo. The Nov. 20 memo creates new “priority”
levels:
• Priority 1:
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Suspected terrorists
National security threats
People apprehended at the border/ports of entry while attempting to enter
Certain people with felony convictions (not state/local offenses predicated on
immigration status)
– Certain gang crimes
– Aggravated felonies
8
Enforcement Priorities &
Prosecutorial Discretion
• Priority 2:
– Persons convicted of 3 or more misdemeanors (not
traffic offenses or state/local offenses predicated on
immigration status) or significant misdemeanors
– Those who entered or re-entered the country
unlawfully after Jan 1, 2014
– Those who “significantly abused visa or waiver
programs”
• Priority 3:
– Issued a final removal order on or after Jan 1, 2014
9
Enforcement Priorities &
Prosecutorial Discretion
• People in all three categories will be prioritized for
deportation unless they qualify for a way to remain in the U.S.
legally or can show that they are not a threat to public safety
or national security.
• DHS should balance positive and negative equities, including:
– eligibility for relief from removal
– extenuating circumstances involving the offense
– extended length of time since the offense
– length of time in the U.S.
– military service
– U.S. family or community ties
– status as a victim, witness, plaintiff in civil or criminal case
– compelling humanitarian factors such as poor health, age,
pregnancy, a young child, or a seriously ill relative
10
Replacement of S-Comm
• The Secure Communities (S-Comm) program mandated that
local police collaborate with Immigration and Customs
Enforcement (ICE), reducing community trust in police
• S-Comm will end and be replaced with the Priority
Enforcement Program (PEP)
• Under PEP, ICE will continue to receive fingerprint information
from all persons at the time of booking. However, ICE is
directed to take enforcement action only against persons who
have been convicted of a criminal offense that makes them a
priority for removal.
• In most cases, ICE will request notification of someone’s
release, rather than detention. It is still unclear, however, how
this will be implemented.
11
Integration & Citizenship
• White House Task Force on New Americans,
additional outreach to promote English
learning and citizenship
• Fee study to determine whether it can offer a
partial fee waiver for applicants with an
incomes slightly above the current cutoff for
fee waivers.
• Credit cards can now be used for
naturalization fees
12
More Border Enforcement Isn’t the
Answer
• The administration is planning to re-direct
funds for border enforcement, but the Border
Patrol has massive problems with corruption,
excessive use of force and lack of
accountability. Militarizing our borders and
criminalizing our community members
shouldn’t be trade-offs for relief for families.
13
God’s Love Knows No Borders
14
“Felons not Families”
• As people of faith, we know that each person
matters and is sacred. The administration
should take into account the totality of
circumstance and lead with forgiveness from
past infractions, especially if they are
immigration related.
• Push back against “Felons not Families” by
leading with a faith message that includes
redemption, grace and forgiveness
15
Family Separation will Continue to be
a part of our Immigration System
16
More work needed
• While the President has a released a broad outline of his
immigration executive actions, the details, including the application
process, have not been finalized. In other words, there is nothing to
apply for yet and potential applicants should be careful not to fall
victim to immigration scams.
• Individuals who will likely not qualify
– People living in the U.S. for less than 5 years
– People without U.S. citizen, LPR children, e.g., DREAMer parents
– People with certain infractions – illegal re-entry, past crimes – need for
redemption
• Emphasis on border enforcement
– Border resources seen as having “effectively reduced the number of
unaccompanied children crossing the border illegally this summer.”
• Access to protection for asylum seekers, including children and
families fleeing violence in Central America
• Family detention
17
Immigration Court Reforms
• The Department of Justice will issue immigration
court reforms to address the current backlog of
pending cases by working with DHS to more
quickly adjudicate cases of individuals who meet
new DHS-wide enforcement priorities and close
cases of individuals who are low priorities.
• The Department of Justice will also pursue
regulations that adopt best practices for court
systems to use limited court hearing time more
efficiently.
18
Defending Administrative Action
• Educate our communities
• Urge Congress to support this action:
1-866-940-2439
• Appropriations
• Defeat federal anti-immigrant legislation
– Bills to stop deferred action
– Rejecting additional border militarization and
detention beds
– Protecting unaccompanied children
• Defend against negative state bills that would
deny drivers licenses, IDs to DAP, DACA recipients
19
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
• Focusing on civic engagement to build power for
2016 elections, future Congressional immigration
reform
20
Sanctuary Movement Cases
21
ROSA’S NOT PART OF RELIEF
• Rosa has been part of the Tucson community since 1999 where she
and her husband have raised their two boys. Mrs. Robles is an
active member of the community- she volunteers at her church, her
sons’ school, and their baseball teams. On Rosa’s 100th day in
sanctuary, the Tucson community and more than 120 faith leaders
came together to mark the days she has spent taking refuge in the
church.
• Rosa’s order of deportation stemmed from a minor traffic violation.
Despite the fact that Rosa’s case is considered low-priority for ICEshe has no criminal record, is a caretaker of minors, and has longstanding ties in the community- ICE has refused to end her order of
deportation.
• Tucson City Council and the Pima Board of Supervisors sent memos
to the White House and Homeland Security along with 7,000 letters
of support from the community asking that Rosa’s order of removal
be rescinded. Faith leaders from across the country, community
members, and Tucson city officials have made it clear that Rosa is a
valued member of their community and that the order for her
deportation is unacceptable.
22
LUIS SHOULD MAKE IT
• On July 7, 2014, his attorney submitted a request for a stay of
removal to keep Luis in the United States with his wife and children,
but that request has been denied. Luis now lives under the threat of
immediate deportation and has sought sanctuary at University
Presbyterian Church in Phoenix, AZ.
• Luis fled from his home in Guatemala the night that a gang
cornered him and gave him an ultimatum: join, leave, or die. His
family put him on a bus headed towards Mexico just hours later. At
the young age of 16, Louis was forced to fend for himself, unable to
return to his family. He worked in different towns in Mexico, saving
up money, and finally came to the United States in 2007 where he
found a job as a night janitor at a local school where he met his
wife.
• When driving home from work one day, Luis was pulled over by
local police. Under the guise of Arizona’s SB1070, this traffic stop
soon turned into the onset of deportation proceedings for Luis.
Despite the fact that Luis could show “credible fear” of returning to
Guatemala, his petition for asylum was denied and he was given 45
days to leave the country.
23
Implementation
• Advocate for inclusive implementation process
• Community Education
• Help people gather appropriate documents they
will need to apply
• Stop Fraud- Guard against “Notarios”
• Legal Clinics and increase access to legal services
• Fundraise for application costs
24
Holy Days and Holidays
Worship resources for various faith holidays throughout the year
that highlight stories and lift up prayers regarding immigration
issues faced by our neighbors:
• Thanksgiving – “Who’s Behind the Plate,” stories and
prayers of farmworkers in the United States and the justice
issues they face.
• Advent –
“Remembering Families Awaiting Unity and
Action,” stories and prayers of those awaiting Administrative
action, due process protection, release from detention, family
unity, and those awaiting deportation relief in sanctuary.
www.interfaithimmigration.org/2014/03/04/religious-holiday-resources/
IIC Contacts by organization
• 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
• 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
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• 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
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• Mennonite Central Committee: Tammy
Alexander, TammyAlexander@mcc.org
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• Muslim Public Affairs Council: Hoda
Elshishtawy, hoda@mpac.org
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• Sisters of the Good Shepherd: Larry Couch,
lclobbyist@gsadvocacy.org
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• 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 SIKHS: Anisha Singh,
anisha.singh@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