ImmIgranT advocaTe - ILRC · The ImmIgranT advocaTe conTInued on page 4 teaching, interpreting and...

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The ImmIgranT advocaTe conTInued on page 4 teaching, interpreting and changing law since 1979 summer 2012 vol. 16 no. 1 conTInued on page 5 For a number of years, undocumented drivers in California have had their vehicles impounded at “DUI checkpoints” solely because they did not have a driver’s license. Their families, especially their U.S. citizen children, suffered a great deal from this policy because parents were unable to get to work or take their children to school or medical appointments. In addition to the hardship of having their cars seized, families would often have to pay $2,000 ($70 per day for “storage” fees) or more to get their vehicle back because most jurisdictions had an automatic 30 day waiting period before the vehicle can be retrieved. In a major victory for California’s immigrants and their citizen children and other family members, a new law, AB 353, which went into effect earlier this year, often prevents authorities from impounding vehicles at sobriety checkpoints if the driver’s only offense is not having a license. Immigrants have long held that they are unfairly targeted in traffic stops leading to impoundment and view DUI checkpoints, often found in communities with a higher population of unlicensed immigrant drivers, as money-making schemes that benefit towing companies. The new statewide law applies only to sobriety checkpoints, but some jurisdictions have gone further in changing their vehicle impoundment policies toward unlicensed drivers. The ILRC played a major role in working with grassroots immigrant groups who were involved in the successful efforts to obtain the passage of this law. The ILRC has been working with community-based immigration groups on the vehicle impoundment issue for years. We have helped immigrants achieve significant policy changes in San Francisco, Richmond, Oakland, San Jose, Berkeley, Los Angeles, Cathedral City, Modesto, Fresno, and several smaller towns in the San Joaquin Valley. As part of our Community Dialoguing Project, which helps immigrants build the skills to dialogue directly with their elected and appointed leaders on a variety of issues, the ILRC has worked with immigration groups throughout the Central Valley to improve community-police relations and address unfair impoundment policies. ILRC conducts trainings and holds strategy sessions with the leaders and members of Union de Ex-Braceros e Inmigrantes (UNEI) and prepares them to dialogue with local police chiefs in Avenal, Hanford, Madera, and Fresno about better policies around impounding immigrants’ vehicles. The group in Avenal successfully met with the chief of police and the city council resulting in an unwritten policy that vehicles will not be towed and impounded under most circumstances, when the only offense is driving without a license. The Avenal UNEI group was also quite successful in garnering the support of a very sympathetic city councilperson who now works closely with group members on the impoundment issue as well other important policy matters. ILRC’s trainings and strategy meetings with UNEI resulted in 19 dialoguing sessions with over 600 attending, including 33 public officials with the power to institute change. This year marks my 12th anniversary of being part of the ILRC’s staff. In 2000, after 12 years in private practice, I decided to change directions and join the ILRC because I was greatly frustrated by what had happened to immigration law and policy. It had become increasingly apparent that no matter what my talents were as an attorney, the U.S. immigration system had turned hostile toward immi- grants and made it much more difficult for me to help my clients. Therefore, I wanted to work for an organization that could advocate for change to a broken, inhumane immigration system. On April 1, 1997, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) became the prevailing immigration law of our country. Pre- IIRIRA, immigrants who were stopped at the U.S. border with questions about their visas could have a hearing before an immigration judge to determine if they were eligible to enter the U.S. When IIRIRA took effect, immigrants could be turned away or deported from the United States with no right to a hearing through a process called “expedited removal.” MESSAGE FROM ILRC SPECIAL PROJECTS ATTORNEY, NORA PRIVITERA ILRC HELPS IMMIGRANTS CHANGE HARSH VEHICLE IMPOUNDMENT POLICIES THROUGHOUT STATE ImmIgranT legal resource cenTer 1663 Mission Street, Suite 602 San Francisco, CA 94103 tel 415.255.9499 ilrc @ ilrc.org www.ilrc.org

Transcript of ImmIgranT advocaTe - ILRC · The ImmIgranT advocaTe conTInued on page 4 teaching, interpreting and...

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The ImmIgranT advocaTe

conTInued on page 4

teaching, interpreting and changing law since 1979 summer 2012 vol. 16 no. 1

conTInued on page 5

For a number of years, undocumented drivers in California have had their vehicles impounded at “DUI checkpoints” solely because they did not have a driver’s license. Their families, especially their U.S. citizen children, suffered a great deal from this policy because parents were unable to get to work or take their children to school or medical appointments. In addition to the hardship of having their cars seized, families would often have to pay $2,000 ($70 per day for “storage” fees) or more to get their vehicle back because most jurisdictions had an automatic 30 day waiting period before the vehicle can be retrieved.

In a major victory for California’s immigrants and their citizen children and other family members, a new law, AB 353, which went into effect earlier this year, often prevents authorities from impounding vehicles at sobriety checkpoints if the driver’s only offense is not having a license. Immigrants have long held that they are unfairly targeted in traffic stops leading to impoundment and view DUI checkpoints, often found in communities with a higher population of unlicensed immigrant drivers, as money-making schemes that benefit towing companies. The new statewide law applies only to sobriety checkpoints, but some jurisdictions have gone further in changing their vehicle impoundment policies toward unlicensed drivers. The ILRC played a major role in working with grassroots immigrant groups who were involved in the successful efforts to obtain the passage of this law.

The ILRC has been working with community-based immigration groups on the vehicle impoundment issue for years. We have helped immigrants achieve significant policy changes in San Francisco, Richmond, Oakland, San Jose, Berkeley, Los Angeles, Cathedral City, Modesto, Fresno, and several smaller towns in the San Joaquin Valley. As part of our Community Dialoguing Project, which helps immigrants build the skills to dialogue directly with their elected and appointed leaders on a variety of issues, the ILRC has worked with immigration groups throughout the Central Valley to improve community-police relations and address unfair impoundment policies.

ILRC conducts trainings and holds strategy sessions with the leaders and members of Union de Ex-Braceros e Inmigrantes (UNEI) and prepares them to dialogue with local police chiefs in Avenal, Hanford, Madera, and Fresno about better policies around impounding immigrants’ vehicles. The group in Avenal successfully met with the chief of police and the city council resulting in an unwritten policy that vehicles will not be towed and impounded under most circumstances, when the only offense is driving without a license. The Avenal UNEI group was also quite successful in garnering the support of a very sympathetic city councilperson who now works closely with group members on the impoundment issue as well other important policy matters. ILRC’s trainings and strategy meetings with UNEI resulted in 19 dialoguing sessions with over 600 attending, including 33 public officials with the power to institute change.

This year marks my 12th anniversary of being part of the ILRC’s staff. In 2000, after 12 years in private practice, I decided to change directions and join the ILRC because I was greatly frustrated by what had happened to immigration law and policy. It had become increasingly apparent that no matter what my talents were as an attorney, the U.S. immigration system had turned hostile toward immi-grants and made it much more difficult for me to help my clients. Therefore, I wanted to work for an organization that could advocate for change to a broken, inhumane immigration system.

On April 1, 1997, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) became the prevailing immigration law of our country. Pre-IIRIRA, immigrants who were stopped at the U.S. border with questions about their visas could have a hearing before an immigration judge to determine if they were eligible to enter the U.S. When IIRIRA took effect, immigrants could be turned away or deported from the United States with no right to a hearing through a process called “expedited removal.”

MESSAGE FROM ILRC SPECIAL PROJECTS ATTORNEY, NORA PRIVITERA

ILRC HELPS IMMIGRANTS CHANGE HARSH VEHICLE IMPOUNDMENT POLICIES THROUGHOUT STATE

ImmIgranT legal resource cenTer 1663 Mission Street, Suite 602 San Francisco, CA 94103 • tel 415.255.9499 • [email protected] • www.ilrc.org

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Each year, the Immigrant Legal Resource Center recognizes committed leaders in the struggle for immigrant rights by honoring individuals whose records exemplify the ILRC’s mission of building a society that values diversity and respects the dignity and rights of all people. Both of this year’s award winners – Dan Corsello and Amagda Pérez – have made a significant difference in the lives of countless immigrants and their families during many years of dedicated service. The ILRC was proud to recognize the commitment and leadership each honoree has shown to ensure that low income immigrants living in rural areas have access to the important legal services they need.

The 2012 Phillip Burton Immigration & Civil Rights Awards were held on Thursday, May 17th at San Francisco’s Marines’ Memorial Club & Hotel. More than 240 guests joined ILRC board members and staff to honor and celebrate this year’s Phillip Burton Award

recipients and raise money for ILRC programs. The cocktail reception provided an opportunity for guests to meet and talk with the honorees, mingle with friends and colleagues, and learn more about ILRC’s exciting work from our staff attorneys.

Judge Dana Leigh Marks, President of the

National Association of Immigration Judges, serving as the evening’s Mistress of Ceremonies, guided the crowd through an uplifting and inspiring awards program with her usual wit and talent. Students of the Creative Writing Program at Educators for Fair Consideration inspired guests by

sharing their powerful personal stories of life as undocumented students in the United States. Our special guest speaker, San Francisco Supervisor David Campos, talked about his experience as an undocumented student. The Supervisor also stressed the importance of maintaining a safe harbor for immigrants through sanctuary city

ordinances, like San Francisco’s ordinance, which prevent local authorities from enforcing federal immigration laws. The honorees graciously accepted their awards and in their remarks stressed the importance of continuing to fight for the rights of all of this nation’s hardworking, law-abiding immigrants. Eric Cohen,

paThways To power!

ILRC’s Executive Director, announced that in honor of Congresswoman Nancy Pelosi’s 25th anniversary in Congress, the ILRC has renamed the Phillip Burton Policy Award to the Nancy Pelosi Policy Award. The Nancy Pelosi Policy Award will be presented to an outstanding individual for his/her work in the area of immigration policy starting in 2013.

Finally, we are pleased to announce that we raised an additional $15,000 through a matching gift challenge issued by an anonymous ILRC donor. Thank you to everyone for your support! u

PATHWAYS TO POWER! THE 22ND PHILLIP BURTON IMMIGRATION & CIVIL RIGHTS AWARDS 2012

Left to right: Honoree Dan Corsello, Honoree Amagda Pérez, and Supervisor David Campos

Judge Dana Leigh Marks

Left to right: Daniel Galindo, Amalia Greenberg Delgado, and Supervisor David Campos.

Left to right: ILRC Board Chair Lisa Spiegel and ILRC Board Member Lisa Lindelef

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CITIzENSHIPWORkS NAMED BEST LAW SITE OF 2012 – WINS WEBBY AWARD!

The ILRC in partnership with the Immigration Advocates Network (IAN), a collaborative effort of leading immigrants’ rights organizations, and Pro Bono Net, a national nonprofit that works to increase access to justice through innovative uses of technology, developed an innovative web-based portal CitizenshipWorks to enhance the quality and efficiency of the naturalization application process. This interactive online tool is used by immigrants and advocates to determine eligibility, prepare for naturalization tests, and find free or low-cost legal help with their naturalization applications. With over eight million legal permanent residents across the United States eligible to naturalize, these innovative tools are important contributions to the field. CitizenshipWorks is already available in both English and Spanish, and will soon be available in Chinese, Korean, and Vietnamese.

Not only are legal permanent residents, legal services providers, and immigration advocates taking notice and using these tools across the

cITIzenshIpworks named besT law sITe of 2012

country, the internet developer community has taken notice as well. CitizenshipWorks won two Webby Awards – one for Best Law Site of the year and one for the Webby People’s Voice Award in the Law. The awards were bestowed at the 16th Annual Webby Awards Show in New York on May 22nd. The Webby is the leading international award honoring excellence on the Internet, and is presented by the International Academy of Digital Arts and Sciences. “The Webby Awards honors the very best of the Internet,” said David-Michel Davies, Executive Director of the Webby Awards. “CitizenshipWorks’ achievement is a testament to the skill, ingenuity, and vision of its creators.” One interesting feature of the awards ceremony is the signature five-word acceptance speech. Accepting on behalf of the collaborators, IAN Director Matthew Burnett said, “Welcome New Americans! Citizenship Works!”

CitizenshipWorks was first developed with generous support from the Silicon Valley Community Foundation and the Grove Foundation. It is receiving ongoing support to broaden its reach through the Carnegie Corporation of New York, the John S. and James L. Knight Foundation, the Open Society Foundations, The Evelyn and Walter Haas, Jr. Fund, the JPB Foundation, the Silicon Valley Community Foundation, and the Grove Foundation. u

Thank you to the following law firms, businesses, foundations, and individuals for their generous support of the ILRC’s 2012 Phillip Burton Immigration & Civil Rights Awards:

EvEnt sponsorsLisa LindelefRoger WuAndy and Eva GrovePillsbury Winthrop, LLPTafapolsky & Smith, LLPOrrick, Herrington & Sutcliffe, LLPEmerson CollectiveJackson & Hertogs, LLPUnion BankLaw Offices of Norton ToobyBingham McCutchen, LLPDuane Morris, LLPAkin, Gump, Strauss, Hauer &

Feld, LLPBerry, Appleman & Leiden, LLP

van Löben Sels/RembeRock FoundationShartsis Friese, LLPHon. James L. Warren (Ret.)Van Der Hout, Brigagliano &

Nightingale, LLPBill HingAllen WeinerLawrence MiaoDonald UngarMinami Tamaki, LLPRichard W. OdgersReginald D. SteerSchoenleber & Waltermire, PCCongresswoman Nancy PelosiSallie KimLisa SpiegelLee ZeiglerCynthia AlvarezRichard BoswellGuadalupe Siordia Ortiz

CorporAtE/BUsInEss sUpportErsAdoption Law Offices of Adams & RomerAILA – Northern California ChapterAILA – Santa Clara Valley ChapterBank of the WestBay Area Legal AidChow King & Associates E & M MayockHaleyNelson & Heilbrun, LLPInternational Institute of the Bay AreaJewell & Associates, PCKazan, McClain, Lyons, Greenwood &

Harley, PCLaw Office of Bernardo MerinoLaw Offices of Carl ShustermanLaw Offices of Robert P. GaffneyLaw Offices of Fellom & SolorioMahoney & TomlinsonWeaver, Schlenger & Mazel, LLP

paThways To power! conTInued from page 2

Left to right: Ed Kissam, Gina Silverman, Mark Silverman, and Jo Anne Intili

Left to right: Nadia Rojas, Blanca Hernandez, Vianney Gavilanes, Krsna Avila, Laura Lopez, Marissa Castaneda, and Denisse Rojas

Left to right: ILRC Board Member Reg Steer, Supervisor David Campos, and ILRC Staff Attorney Angie Junck

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message from nora prIvITera

This new system has resulted in the expulsion of countless deserving people, based on snap judgments and erroneous information. Many families have been separated, and many individuals have been treated in a prejudice manner by border officials who are abiding by the stated ‘closed door’ policies.

We have another federal law that

protects immigrant victims of

domestic violence and keeps

them from being trapped in

abusive relationships due to their

lack of lawful status.

IIRIRA also introduced new limitations on the ability of noncitizens to become permanent residents of this country. Anyone who has overstayed a visa or has come to the U.S. without the proper paper-work and has remained for more than 6 months is now barred from immigrating for 3 years if they leave the U.S. - which most are compelled to do in order to immi-grate. Anyone who has overstayed a visa or remained in the U.S. for more than a year without permission is now barred for 10 years from immigrating, even if otherwise eligible to do so, if they leave the U.S. Some exceptions to these two provisions exist, such as for those who are under 18. Though there is a waiver available for these provisions, it is very difficutl to obtain.

These examples are only a handful of the many restrictive, unforgiving provisions of IIRIRA that form arbitrary roadblocks to those trying to immigrate while at the same time making it easier to remove those already legally here. Unfortunately, IIRIRA is still with us 16 years later. Nevertheless, working at the ILRC has enabled me to be part of an organization that advocates for systemic change and that has the respect of many officials in Washington, within the Department of Homeland Security, with legislators here in California and in Con-gress, and among other immigrants’ rights organizations. And though the battle to humanize our immigration system goes on, many inroads have been made.

For example, we now have a federal law that allows victims of certain crimes who assist police and other agencies with the criminal investigation and prosecution to obtain lawful status. We have another federal law that protects immigrant victims of domestic violence and keeps them from being trapped in abusive relationships due to their lack of lawful status. We have another federal law that permits victims of trafficking, whether smuggled in for prostitution or forced labor, to obtain lawful status. These changes are signs of hope for the immigrant community. These changes are the result of the tireless, patient, persistent advocacy on the part of the ILRC and many other organizations. ILRC has long partnered with immigrant groups to assist them in finding their own voice, and advocating for their own needs, which is essential for positive change. One key result of this work is a change in Cali-fornia law that permits unlicensed drivers who are stopped at DUI checkpoints to authorize a designated licensed driver to pick up the vehicle for them, thus avoiding costly car impoundments. This law was drafted in response to numerous examples of DUI checkpoints being set up in immi-grant neighborhoods, essentially creating de facto dragnets, rather than in locations where drunk driving was prevalent. The ILRC played a key advisory role in advo-cating for this change. (See article: ILrC Helps Immigrants Change Harsh vehicle Impoundment policies throughout state, on page 1).

The ILRC has also long been instrumental in expanding the availability of low-cost, quality legal services to immigrants of limited means, as exemplified by our Attorney of the Day (AOD) program. Since coming to the ILRC, I have been the primary “Attorney of the Day,” meaning that I am responsible for answering case questions from our clients, ranging from staff of non-profit community-based orga-nizations, pro bono attorneys, public defenders and private practitioners with immigrant clients facing legal issues. Through my work as an AOD, I am able to help these practitioners understand the law and become better advocates for their clients. The questions I answer can vary from eligibility for asylum and family visas, to strategies for deportation defense in

removal proceedings and federal court liti-gation, to advising criminal defense attorneys on how to frame a plea that will avoid adverse immigration consequences to their clients. I find this work challenging, stimulating, and rewarding, since I can use my expertise to help many more clients than I could possibly represent on my own. I am constantly learning, growing, and expanding my knowledge of immigration law and of the particular issues that most concern practitioners and their clients. I am also now mentoring our two newest ILRC attorneys, Lourdes Martinez and Erin Quinn, on how to respond to questions from our diverse constituents, and I am proud that our capacity to respond to a broad range of questions, and to a wide range of organizations and individuals, continues to grow.

Working at the ILRC has enabled

me to be part of an organization

that advocates for systemic

change and that has the respect

of many officials in Washington,

within the Department of

Homeland Security, with

legislators here in California and

in Congress, and among other

immigrants’ rights organizations.

In addition to my responsibilities as AOD, I am also the author and co-author of some of ILRC’s immigration law manuals, including our perennial best seller, Hardship in Immi-gration Law. I have also headed up our anti-fraud project, in which we disseminate flyers, graphic comic books, and bus signs to warn the immigrant public against unscru-pulous practitioners who prey on immigrants, providing erroneous informa-tion, exploiting immigrants for thousands of dollars in fees, and then shattering lives and putting them on the road to deporta-tion. My work for ILRC is very satisfying, and I am grateful that I have had the oppor-tunity to put my legal skills to work for such an outstanding organization. u

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If this first-in-the-nation proposal is enacted, the bill would set strict limits on how local law enforcement agencies participate in the S-Comm program. Started in 2008, the program requires police to submit fingerprints of everyone booked into local jails to federal officials who then check for criminal convictions and against an immigration database. If a detainee matches a record in the immigration database, Homeland Security officials then issue a notice asking local police to detain individuals pending transfer to federal custody.

The ILRC has been working diligently to end programs like S-Comm, which require local enforcement of federal immigration law. ILRC attorneys are conducting outreach to Bay Area officials and law enforcement agencies asking for their support for the TRUST Act when the measure goes before the Senate Appropriations Committee later this year. ILRC attorneys are pleased to have already found support for the legislation among a few Bay Area Sheriffs. Support for the TRUST Act is also being garnered from the immigrant community and their advocates, human rights organizations, and civil rights groups as ILRC attorneys and other organizations spread the word about this important bill. Additionally, the ILRC provided technical assistance in the drafting of the bill, reviewed the final language, and provided input.

If the TRUST Act becomes law, local officials would still be required to send fingerprint data of all arrestees to a federal immigration database; however, it would allow local governments in California to limit the detention of immigrants in local jails for deportation (also known as an ICE “holds” or detainers.) This 48 hour “hold” request giving ICE agents time to get to the jail and take custody of the detainee is the cornerstone of the S-Comm program – and is clearly optional under federal law. Jurisdictions that do choose to detain people with serious convictions for deportation will develop common-sense plans to make sure others aren’t swept up. The measure ultimately seeks to restore community trust in law enforcement and ease S-Comm’s burden on local jails who are pressured to hold arrestees for extra time. The ILRC will do all it can to support the passage of the TRUST Act and will continue to fight ICE’s efforts to use local jurisdictions to enforce federal immigration laws. u

helped draft language, based on our experience with successful local policies in which we have been involved as described above. The ILRC and other supporters have been successful in getting a favorable vote in the State Assembly. The bill is now pending before the Senate. u

ILRC JOINS STATEWIDE COALITION IN SUPPORT OF TRUST ACTCalifornia Assemblyman Tom Ammiano’s revamped Transparency and Responsibility Using State Tools (TRUST Act), a bill challenging the federal immigration enforcement program known as Secure Communities (or S-Comm), is working its way through California’s State Senate. If passed, this law would prevent the horrific injustice done to immigrants like Los Angeles resident Isaura Garcia who called 9-1-1 for rescue from a violent boyfriend but ended up in deportation proceedings. Although the charges were dropped, under S-Comm, Isaura’s fingerprints were passed along to the Department of Homeland Security and checked against civil immigration databases, causing her to be identified and then detained by Immigration and Customs Enforcement. Under the TRUST Act, while Isaura’s fingerprints would still be sent along to Department of Homeland Security, the local law enforcement agency would be required to release Isaura instead of turning her over to ICE.

The TRUST Act would set a clear, minimum standard for local governments not to detain people for deportation unless the individual has a serious or violent felony conviction and would guard against profiling and wrongful detention of citizens and victims of crime. On June 12th, by a vote of 5 to 2, the Senate’s Public Safety Committee approved the TRUST Act (AB 1081.) The bill heads next to the Senate Appropriations Committee for consideration later this summer. The bill puts California at the forefront in the battle to limit S-Comm’s unfair deportation machine, which is having a detrimental impact on public safety. Police chiefs recognize that crime victims and witnesses in the immigrant community will not come forward to help with a police investigation if they risk being caught up in the S-Comm dragnet.

Congregations Building Communities (CBC), a federation of 12 congregations of faith in Stanislaus County and an affiliate member of the People Improving Communities through Organizing (PICO), asked the ILRC to provide a series of trainings and strategy sessions, related to the car impoundments issue, to prepare their leaders to dialogue with officials in Modesto, Riverbank, Oakdale, and Ceres. Over 500 people showed up for the Ceres event which included a successful dialogue with the police chief. More than 150 people participated in the dialogue event with the Mayor of Riverbank who agreed that more flexible impoundment policies are needed. The Modesto Police Chief instituted a new policy on car impoundments in September 2011 as a result of his dialoguing with CBC members. One CBC leader, trained by the ILRC and CBC, presented her own very powerful personal story to a key legislative committee then considering improved impoundment policies state-wide; the committee approved the measure, AB 353, which was passed by the General Assembly and signed into law by Governor Brown in October 2011.

In Los Angeles, the police department has begun to limit the cases in which officers impound vehicles of drivers operating without a license. Subject to some restrictions, this new policy will apply to unlicensed drivers who are stopped for a variety of minor traffic infractions, ranging from a broken tail light to speeding. If towed, these drivers can immediately collect their vehicles from impound so long as they are the registered owner, bring a licensed driver with them, and can pay the fees which amount to $266. Before the new LAPD policy, unlicensed drivers stopped for minor infractions in Los Angeles, would see their vehicle impounded and held for 30 days costing them at least $1,200 to retrieve. The LAPD hopes this new policy will improve relations with the immigrant community and encourage immigrants to cooperate with police investigations.

In 2012, at the request of San Francisco Assemblywoman Fiona Ma’s staff, ILRC attorneys helped draft language for a new bill, now designated as AB 1993, which would provide protection to undocumented unlicensed drivers against lengthy impoundments when law enforcement stops them on streets in cities or towns. The ILRC

ImpoundmenT polIcIes conTInued from page 1 Ilrc joIns sTaTewIde coalITIon In supporT of TrusT acT

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DEFERRED ACTION POLICY FOR DREAMERS PROVIDES SOME RELIEF TO UNDOCUMENTED YOUTHILRC Prepares To Provide Resources and Technical AssistanceOn June 15, 2012, President Obama announced a new Department of Homeland Security (DHS) policy that will allow some undocumented young people to avoid deportation and apply for work authorization. Those who apply and are found eligible will receive deferred action for a period of two years, with the possibility of renewal, and will be eligible to apply for work authorization. The U.S. Citizenship &

deferred acTIon polIcy for dreamers

immigrant advocacy and naturalization initiatives in both San Diego and San Francisco.

Linda Mogannam Marketing Manager

Linda Mogannam, Marketing Manager, joined the ILRC in January 2012. Linda’s focus is on increasing brand awareness of

the ILRC among immigration practitioners and reaching new target audiences. Her work involves promotion of ILRC’s wide array of practitioner manuals, live seminars, and webinar offerings. Working with the Deputy Director and other staff members, she utilizes marketing best practices to implement various online and traditional marketing campaigns. Linda holds a Bachelor of Arts degree from San Francisco State University, and is currently enrolled in the Master of Public Administration program at Notre Dame de Namur University. She brings 15-plus years of experience in the area of marketing communications from a variety of for-profit organizations in the San Francisco Bay Area. In addition to her professional experience, Linda has volunteered for a number of nonprofit organizations in the Bay Area,

providing assistance with event planning, media relations, and collateral development. She is a native San Franciscan and conversant in Arabic.

Erin Quinn staff Attorney

Erin Quinn brings to ILRC over 8 years of experience as an immigration defense attorney and holds a joint degree in law and

public policy (JD/MPP) from the University of Michigan. Prior to opening her own practice in 2007, Erin represented immigrants as an associate at the Law Office of Robert B. Jobe. Her experience in immigration law and policy includes working as a fellow for the United Nations High Commissioner for Refugees, EU headquarters in Belgium; clerking for the Immigration Court of San Francisco; and guest lecturer at CSU Eastbay. Originally from Fresno, California, Erin loves language and travel. She lived in Romania for over two years as a Peace Corps volunteer and worked in Hungary as a teacher trainer. In addition, she has traveled, studied, and taught in Central America, South Africa, and Europe. Erin is on the Advisory Council for the Northern California Chapter of the American Immigration Lawyers Association

WELCOME TO NEW STAFF

Leah Muse-orlinoff Best practices Manager

Leah Muse-Orlinoff is the Best Practices Manager for the New Americans Collabor-ation (NAC), a national initiative

comprised of dozens of organizations focused on increasing naturalization among eligible legal permanent residents for which the ILRC is the lead agency. A self-described “data geek,” Leah analyzes data about naturalization applications and events provided by national and local NAC partners and disseminates best practices in naturalization assistance to NAC partners, funders, legal advocates, and others. Prior to joining the ILRC, Leah designed and conducted research on Mexican migration to the United States at the Center for Comparative Immigration Studies at UC San Diego. Her research on immigration has appeared in publications in the United States, Mexico, Spain, and the Netherlands. Leah is working on her dissertation for a PhD in sociology, and has been active in

Immigration Service has until August 15th to create a process for people to apply for deferred action. A person may qualify for deferred action if s/he:

• was not older than thirty on June 15, 2012;

• was under the age of sixteen when entering the U.S.;

• has continuously resided in the U.S. for at least five years before June 15, 2012;

• was physically present in the U.S. on June 15, 2012;

• is currently in school, has graduated from high school, has obtained a GED, or is a honorably discharged veteran; and

• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national or public safety.

While this new policy is welcome news, deferred action is not amnesty, not permanent residency, and not a path to citizenship. Furthermore, there are certain risks to consider before applying. An application notifies DHS of the undocumented immigrant’s presence, potentially exposing him or her to future deportation proceedings. Also, an applicant denied deferred action may possibly be placed immediately into deportation proceedings. the ILRC recommends that applicants begin collecting documents that will demonstrate their eligibility under this new policy, begin saving money to apply, and be on the lookout for scam artists. For more information on deferred action, please visit the ILRC’s website at: www.ilrc.org/news-events/deferred-action-summary

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deferred acTIon polIcy for dreamers welcome To new sTaff conTInued from page 6

(AILA), in which she serves as Pro Bono Coordinator, and is a member of the California Bar. At the ILRC, Erin is one of the attorneys staffing our technical consultations line known as Attorney of the Day (AOD). She is also a contributing writer to several of our updated manuals, including Essentials of Asylum Law, and the forthcoming 18th edition of the Guide for Immigration Advocates. Additionally, Erin conducts trainings on various topics, provides support around naturalization events, and works on various programs in the Central Valley. Erin worked as a law clerk for the ILRC in 2001 while she was in law school.

Ann Block Attorney of the Day

Ann Block is certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of

Legal Specialization, and has been practicing immigration law for almost 25 years. She has chaired the State Bar Immigration & Nationality Law Advisory Commission, which writes and certifies the specialization examination for California attorneys, has taught immigration law and supervised the Immigration Clinic at McGeorge Law School, served as update editor for Immigration Laws & Crimes (West-NLG) and contributed updates for various ILRC publications. She is currently working part-time as an ILRC Attorney of the Day (AOD) providing mentoring and technical assistance for immigration and criminal defense attorneys and nonprofits nationally. She also has a solo private practice in Davis, California and spends considerable time cheering and travelling as an itinerant “soccer mom.”

sanjiv KripalaninAC project Director

Sanjiv Kripalani is the ILRC’s New Americans Collabor-ation (NAC) Project Director. NAC seeks to bring true collab-

oration and innovation in the naturalization arena to a wide group of partners thereby allowing NAC to have a significant impact

and serve a diverse client base while building capacity. Sanjiv’s background is in business transactions law. He was formerly a partner at a major U.S. law firm, the director of business development at another major U.S. law firm, and the general counsel of a Forbes Global 1000 public company. Sanjiv also used to own a House Music nightclub in Portland, Oregon, and has been a Dee Jay (DJ) at world famous nightclubs like Fabric in London, Crobar in Chicago, and Q Bar in Bangkok, and he is an avid “vinyl” fan. Sanjiv is a graduate of Stanford Law School and U.C. Berkeley.

WELCOME TO SUMMER INTERNS

Jeffrey Kleinsummer Law Intern

Jeff is currently a second year student at the University of Michigan Law School in Ann Arbor, Michigan and received

his undergraduate degree from University of California, Berkeley. While in college, Jeff was also a volunteer at the International Institute of the Bay Area where he worked on U Visa applications. Jeff spent last summer here in the Bay Area completing a judicial externship with Magistrate Judge Ryu of the U.S. District Court for the Northern District of California. Jeff is working with ILRC staff attorneys helping with practice advisories on Special Immigrant Juvenile Status and the new edition of the ILRC’s VAWA practitioner guide. Jeff enjoys contemporary fiction, cycling, and tutoring at 826 Michigan, a non-profit organization in Ann Arbor dedicated to supporting students ages six to eighteen with their creative and expository writing skills, and to helping teachers inspire their students to write.

Charles Hamelsummer Law Intern

Charles attends the Thomas M. Cooley Law School in Grand Rapids, Michigan, and is due to graduate in

September, upon completion of his externship with the ILRC. During his time in law

school, Charles volunteered with the West Michigan Chapter of Justice for Our Neighbors (JFON), an organization providing legal services and advocacy for immigrants. He is interested in the humanitarian aspects of immigration law like asylum cases and Homeland Security issues that bear on immigration, such as the Mexican Drug War. Before law school, Charles split his time between the Virgin Islands and Alaska, where he captained charter yachts and dive boats, worked as a commercial fisherman, and guided wilderness excursions in dog sledding and sea kayaking. Charles is working with ILRC staff attorneys to update ILRC practitioner guides as well as helping in the program areas of citizenship and defending immigrants. u

Thank you to the following public and private funding institutions for their

generous support of ILRC’s programs:

The California Bar Foundation The California Wellness Foundation The Carnegie Corporation of New YorkThe Firedoll Foundation The Ford Foundation Four Freedoms Fund Friedman Family FoundationThe Wallace Alexander Gerbode

Foundation The Grove Foundation The Evelyn and Walter Haas, Jr. FundThe Hewlett FoundationThe Jean E. Hide Cohen Fund

in memory of Barbara L. TristerThe James Irvine FoundationThe JPB Foundation The Dirk and Charlene Kabcenell

FoundationThe John S. and James L. Knight

FoundationOpen Society Foundations The David and Lucile Packard

FoundationThe San Francisco Foundation The Sidney Stern Memorial Trust Silicon Valley Community Foundation The Y & H Soda Foundation The State Bar of California Equal Access

Fund The State Bar of California IOLTA van Löben Sels/RembeRock FoundationThe Werner-Kohnstamm Family FundThe Zellerbach Family Foundation

summer2012 7

Page 8: ImmIgranT advocaTe - ILRC · The ImmIgranT advocaTe conTInued on page 4 teaching, interpreting and changing law since 1979 summer 2012 vol. 16 no. 1 conTInued on page 5 For a number

Eric Cohen executiveDirectorSally L. Kinoshita DeputyDirectorBill Hing generalcounselDonald Ungar ofcounselKatherine BradyAngie JunckLourdes MartinezErin QuinnMark SilvermanstaffattorneysChristopher Godwinannualgiving&eventsmanagerJonathan Huangitmanager

Sanjiv Kripalani nacprojectDirectorShari KuritaassistantDirectorAfroz MirzafrontofficecoorDinatorLinda MogannammarketingmanagerLeah Muse-OrlinoffBestpracticesmanagerDeirdre O’SheafounDationsrelationsmanagerNora PriviteraspecialprojectsattorneyTim SheehanprogramcoorDinatorByron SpicerfinanceassistantSu Yon YiDipfellow

the U visa – obtaining status for Immigrant victims of Crime

The U Visa is an important immigration option for immigrant victims of crime who have been or may be helpful in the criminal investigation or prosecution of that crime. Successful applicants may be eligible for a visa, a green card, and the ability to petition

family members to come to the United States. This manual provides a comprehensive, yet easy to understand, explanation and “road map” for helping immigrant clients apply with numerous practice pointers and sample checklists, cover letters, declarations, receipt notices, correspondence from USCIS, motions to submit to the immigration court, and more. It will guide you through the entire process of handling an immigration case for a U Visa applicant – from eligibility screening for U nonimmigrant status through adjustment of status to assisting eligible family members and helping U nonimmigrants travel.

Essentials of Asylum Law

Asylum is an important protection extended by the U.S. government to an individual whose life would be in danger should they be forced to return to their home country. Persons granted asylum are able to live and work in the U.S., petition to bring their children and spouses to join them here; and, after one

year in asylum status, they may apply for lawful permanent residence in the United States. In order to qualify for asylum, a person has to prove that that they are afraid to return to their home country because they face persecution there based on their race, nationality, religion, political opinion, or membership in a

particular social group. This manual is a comprehensive survey of the basic elements of an asylum claim and is intended for advocates who want to understand the law and are new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards. Combining up-to-date case law, cutting edge legal arguments on currently developing issues and decades of expertise from accomplished practitioners who have successfully represented clients through the years, Essentials of Asylum Law offers an expansive explanation of the legal theories and rules underpinning current asylum claims. While this publication does not cover asylum procedure, it does provide a brief introduction to the history of asylum law, defines persecution, and explains the requirements to demonstrate a

“well-founded fear” of persecution.

A Guide for Immigration Advocates – A Comprehensive Immigration practical Manual, 18th Edition

This essential tool is unique among immigration law manuals because it offers a comprehensive and detailed overview of immigration law that is both practical and easy to use. Instead of merely containing articles on immigration law

topics, the Guide is a how-to manual, containing clearly worded explanations of each subject and includes sample applications, charts, and practical advice on working with your clients to elicit the information you need in order to assist them efficiently and accurately. It contains tips and practical suggestions on how to organize your files and prepare case filings, in addition to warnings, where appropriate, to help you avoid the many potential pitfalls that can occur in the practice of immigration law.

Ilrc sTaff

Ilrc board of dIrecTors

Ilrc advIsory boardJohn Burton, Chair, John Burton Foundation for Children Without

Homes and former President Pro Tem of the California State SenateCongresswoman Nancy Pelosi, United States Representative for

CaliforniaCruz Reynoso, Professor of Law, UC Davis School of Law and

former Justice of the California Supreme Court

Cynthia AlvarezRichard BoswellEva GroveBill HingSallie KimLisa LindelefLawrence MiaoRichard W. Odgers

Guadalupe Siordia OrtizLisa SpiegelReginald SteerDonald UngarHon. James L. WarrenAllen S. WeinerRoger WuA. Lee Zeigler

ImmIgranT legal resource cenTer

1663 Mission Street, Suite 602San Francisco, California 94103

new Ilrc publIcaTIons - summer 2012

To order These and oTher Ilrc publIcaTIons, vIsIT www.Ilrc.org/publIcaTIons

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HelpilrcgogreenanDcutprogramcostsBysigningupforoure-newsletter.visitwww.ilrc.organDclickon“emaillists–suBscriBe–enewsletter”tojointoDay!

The ImmIgranT advocaTe newsleTTerChris Godwin and Shari KuritaeDitors