No Human Being Is Illegal

Many local and national legal aid groups have prepared fact sheets and brochures about what to do in different situations if you are an immigrant approached by the police or immigration. Some of these are included below as well as links to news and other resources about Immigrant Rights, and local contacts for consultations on immigrant law and for defending immigrants whose rights have been violated. Creciendo Juntos maintains a neutral position with respect to the immigration debate to avoid distractions from its primary focus of assisting service providers improve services to the local Latino population.

Please send an email to peterl@piedmonthousing.org to contribute a reference to this page.

CONTENTS

Fact Sheets and Brochures

Stay Informed

Reporting a Problem/Local Consultations

Detentions: Local Policy

Latino Parents & Children

Other Information

FACT SHEETS AND BROCHURES

Living in the United States: A Guide for Immigrant Youth

This Immigrant Legal Resource Center guide, published in November 2007, is presently only available in English. It covers legal status (what rights you have if you are a US citizen, a permanent resident, or illegal), how to become a citizen, how to get legal papers, deportation issues, adoption issues, Selective Service, voting, taxes, college, etc. Although aimed at older kids, it provides a concise overview of a number of issues that are probably of interest to folks who work with these families, like who qualifies as a special immigrant and what the rules are on joining the military, paying taxes, voting, getting public assistance, etc. http://www.ilrc.org/resources/sijs/Youth%20Handbook.pdf

Preparing for Immigration Reform

In anticipation of immigration reform, this brochure, prepared by Eddie Summers of the Charlottesville Immigration Law Center and available in English and Spanish, advises immigrants of documents they need to be compiling to take advantage both of Immigration Reform and services provided in the community. Click here for Spanish version; click here for English version.

Undocumented Immigrant Youth: Guide for Advocates and Service Providers

This November 2006 policy brief from the National Collaboration for Youth and National Juvenile Network aims to provide advocates and youth service agencies the background necessary to enhance collaboration to serve foreign-born children living in the U.S. without authorization. The brief also recommends policies and actions that immigration advocates, youth advocates, and service providers could adopt to improve the safety and well-being of immigrant youth.
http://www.nassembly.org/ncy/documents/ImmigrationBrief.pdf

Know Your Rights if questioned by police, FBI or immigration agents

ACLU (English)
http://www.aclu.org/kyr/kyr_english.pdf

ACLU (Spanish)
http://www.aclu.org/kyr/kyr_spanish.pdf

Brochures: adapted to include the phone number of the Legal Aid Justice Center here in Charlottesville:

English: http://www.cj-network.org/cjimmrights/KYRbroIIEB.doc

Spanish: http://www.cj-network.org/cjimmrights/IIEB_KYR_5Sus_Derechos_span_final_complete.doc

What to do in the case of an immigration raid

Legal Aid Justice Center (English): Click Here

Legal Aid Justice Center (Spanish): Click Here

Immigrant Protests - What Every Worker Should Know

National Immigration Law Center in California (English)
http://www.nilc.org/ce/nilc/protests_what_every_worker_should_know.pdf (off-site)

National Immigration Law Center in California (Spanish)
http://www.nilc.org/ce/nilc/protests_what_every_worker_should_know_sp.pdf

STAY INFORMED!

VACOLA Clipping Service
A daily clipping service on legal issues relating to the Virginia Latino population is provided by the Virginia Coalition of Latino Organizations (VACOLA), an alliance among organizations in Virginia that serve or support the interests of the Latino/Hispanic community to empower the community and secure equal treatment, equal opportunity, and equal representation for Latinos/Hispanics. Location: http://groups.yahoo.com/group/VACOLAO

This Week in Immigration
This weekly clipping service is operated by the Center for Immigration Studies which “is animated by a pro-immigrant, low-immigration vision which seeks fewer immigrants but a warmer welcome for those admitted.”
http://www.cis.org/immigrationnews.html

Immigration Policy Center Blog
A blog, began in fall 2008, containing interesting articles.
http://immigrationimpact.com

Navigating the Immigration Debate: A Guide for State & Local Policymakers and Advocates (February 2008)
Fed by a daily drumbeat of inflammatory rhetoric on cable television and talk radio, public frustration with our broken immigration system and federal inaction is now hyper-charged. It has transformed immigration policy from an inside-the-beltway debate into a political flashpoint jolting state houses and town halls across the country. State and local legislators feeling heat from angry constituents have introduced a dizzying array of bills and ordinances. At their best, these measures are a legitimate expression of local frustration targeting specific policy concerns resulting from an influx of migrants; at worst, they are cheap political haymakers that divide communities and wreak havoc on local economies. In response, the American Immigration Lawyer’s Association (AILA) has developed a state and local resource guide to provide policymakers and advocates a roadmap to use as they steer through the policy minefields created by this trend. Organized around seven hot-button issues, the guide is designed to provide a basic orientation to the issues and an introduction to critical resources. Download the guide, released this week, at: http://aila.org/content/default.aspx?docid=24681

Online Database of Virginia Immigration Legislation.
Legislative advocate, Claire Gastanaga, created an online database of proposed Virginia immigration legislation in January 2008. “Several are focused on using drivers license and unlicensed driving violations to give police the authority to arrest (and then report, detain) persons not here lawfully and also to pressure "blended" families by calling for mandatory impound and/or seizure of vehicles being driven by persons who are not licensed. Others seek to deny access to higher education for undocumented students. Some increase penalties for and enforcement of overcrowding violations. And, we're starting to see bills to pressure employers as well.” Visit the database at: http://www.richmondsunlight.com/photosynthesis/7mlxg/ For more information, contact Claire Gastanaga: cg2@cg2consulting.com

Legislative Advocacy for Community-Based Organizations: An National Council of La Raza Tool Kit (November 2007). This tool kit provides community-based organizations with information and materials needed to get involved in legislative advocacy. It contains rules for nonprofit lobbying, a guide for developing a legislative advocacy campaign, information on the federal legislative and budget process, and links to additional resources. The appendix contains sample letters and emails to members of Congress, sample fact sheets, action alerts, tips for coalition-building, and letters to the editor.
http://www.nclr.org/content/publications/detail/49474

We Can Stop the Hate
The National Council of La Raza (NCLR) launched this campaign to address the surge of hate and violence in the immigration debate. Extremists are defining the issue of immigration—and the portrayal of Hispanic Americans—at every level. The time has come to take hate out of the debate. Immigration is a serious issue requiring a reasoned and thoughtful discussion. http://www.wecanstopthehate.org/

Immigration Pro/Con
A new website providing summaries of arguments related to a range of issues raised in the debates about legal and illegal immigration. One comment about the site is: “Not exhaustive but a handy source for quick access to some helpful material.”
http://www.immigrationprocon.org

National Immigration Forum
Operates a search engine by date and topic.
http://immigrationforum.org/DesktopDefault.aspx?tabid=42

National Conference of State Legislatures
Compiles information on immigration policy proposals.
http://www.ncsl.org/programs/immig

National Immigration Law Center
News, laws and other resources.
http://www.nilc.org

Catholic Legal Immigration Network, Inc. (CLINIC)
Pro immigrant resource site: contains many brochures
http://cliniclegal.org/Legalization.html

Preparing for a Future Benefits Program: A guide for individuals and organizations (2006). A discussion and list of documents, prepared by the Charlottesville Immigration Law Center, about what documents Latinos and other immigrants should obtain to be eligible for benefits.
Location: http://cvilc.com/outreach.html

National Council of La Raza
Web site for the largest national Hispanic civil rights and advocacy organization in the U.S.
http://www.nclr.org

ACLU
Immigration news and resources page.
http://www.aclu.org/immigrants/index.html

National Network for Immigrant and Refugee Rights (NNIRR)
Publications page.
http://www.nnirr.org/news/news_index.html

National Immigrant Solidarity Network
Bulletin board of upcoming actions, news and other resources.
http://www.immigrantsolidarity.org

Opportunity and Exclusion: A Brief History of U.S. Immigration Policy (November 25, 2008) Read this report to learn about how the laws governing immigration have changed constantly--and often arbitrarily. http://www.immigrationpolicy.org/images/File/factcheck/OpportunityExclusion11-25-08.pdf

De-Romanticizing Our Immigrant Past: Why Claiming "My Family Came Legally" Is Often a Myth (November 25, 2008) A fact sheet on how the definition of who came to the country "legally" and "illegally" has changed with the evolution of immigration laws. http://www.immigrationpolicy.org/images/File/factcheck/DeRomanticizing11-25-08.pdf

REPORTING A PROBLEM/LOCAL CONSULTATIONS

The following provide legal assistance to immigrants with immigration problems:

Legal Aid Justice Center
Address: 1000 Preston Avenue, Suite A, Charlottesville 22902
Telephone: (434) 977-0553
Contact: Tim Freilich, Extension 111
Contact: Doug Ford, Extension 136
These two bilingual (English/Spanish) lawyers help qualified immigrants who have been unjustly taken into custody by the police or immigration and who confront a language barrier when trying to access services from government offices, hospitals, and other agencies. Also, they encourage reports about local immigration raids.

Charlottesville Immigration Law Center / Braverman & Lin, P.C.
Address: 226 Douglas Ave., Charlottesville, VA 22902
Telephone: (434) 220-2799
Web Site: http://cvilc.com
Contact: Eddie Summers
The Center provides services covering the full range of immigration issues from filing of applications through representation before the immigration and federal courts. It not only helps individuals but provides services to employers of immigrants and has an informative web page about the documents immigrants should be obtaining in order to qualify for future benefit programs (http://cvilc.com/outreach.html). Mr. Summers is bilingual (English/Spanish).

There are increasing reports of discriminatory housing violations, like requiring ID or other documents from Latinos but not from other populations.

Reports about suspicious housing policies should be made to John Conover or Erin Trodden (bilingual), Legal Aid Justice Center: 434/977-0553, john@justice4all.org, erin@justice4all.org

Loretta White is responsible for managing Piedmont Housing Alliance’s Fair Housing Program, including coordinating the public awareness advertising campaign and community education initiatives. Loretta may be consulted about housing discrimination policy. While she is not bilingual, other PHA staff are available to speak with Latinos. Contact: 434/817-2436 ext, 112, lorettaw@piedmonthousing.org

DETENTIONS: LOCAL POLICY

Albemarle Police Department
Policy: Rights of Foreign Nationals / Diplomatic Immunity / Immigration Detainer
Click here.

LATINO PARENTS & CHILDREN

Since September 1, 2008, there have been increasing immigration detentions of Latinos in the Charlottesville area.

As with all immigration detentions and raids, Latino children are often negatively affected. The purpose of this section is to provide tools to understand this problem; to help service providers encourage and help Latino parents prepare for an immigration detention; and to respond to the needs of their children, who are typically US born citizens.

Soon, we hope to provide bilingual power of attorney and guardianship documents and, among other references, a checklist of suggested preparations. Meanwhile, legal questions should be directed to Eddie Summers, Immigration attorney, at: (434) 220-2799.

Creciendo Juntos (CJ): Immigrant Detentions and Latino Children
A reference sheet from the CJ October 2008 panel: Immigration Detentions and Children

Immigration raids impact local families. A Cville weekly report that includes coverage of the CJ October 2008 panel.

Group Urges Latino Immigrants to Prepare
This two minute NBC29 video report and transcript is about the CJ October 2008 panel urging local service providers to urge undocumented Latino parents to prepare for detention.

How Can I Find the Parent?
A directory of immigration detention centers.
Many Charlottesville detainees are first held at the Regional Jail (434)977-6981.

Who Do I Call at Albemarle County Schools?
If you know of a Latino child who attends an Albemarle School and whose parents have been detained, please call Courtney Stewart, or her secretary Nancy Lam, at Albemarle County Schools: (434)296-6517

Paying the Price: The Impact of Immigration Raids on America's Children. Since 2007, Immigration and Customs Enforcement has intensified immigration enforcement activities by conducting several large-scale worksite raids across the country. From an in-depth study of three communities—Greeley, CO, Grand Island, NE and New Bedford, MA—this Urban Institute report (October 2007) details the impact of these worksite raids on the well-being of children. The report provides detailed recommendations to a variety of stakeholders to help mitigate the harmful effects of worksite raids on children. http://www.urban.org/publications/411566.html

The Traumatic Nature of Separation. Presentation of Charlottesville mental health therapist Michael Garcia during the CJ Panel (October 2008), Immigration Detentions & Latino Children.

What Mental Health Services Are Available for Latino Parents and Children?
Michel Garcia, a Charlottesville bilingual and bicultural therapist, has experience working with parents and children who may be fearful of a potential detention or dealing with the burdens of an actual detention. He can be reached at (434) 981-7249. Other bilingual therapists working with Latinos can be found in the CJ Mental Health Directory at: http://www.cj-network.org/cjloclatfocusedin/Bilingual_Mental_Health_Providers2.doc

English: Living in the United States: A Guide for Immigrant Youth (August 2008)

Spanish: Living in the United States: A Guide for Immigrant Youth (July 2008)

OTHER INFORMATION

Immigration Advocates Network (2008)
This is a new collaboration of leading immigrants' rights organizations designed to increase access to justice for low income immigrants by providing easily accessible and comprehensive online resources in a password-protected website for legal service providers and public interest advocates to enhance collective advocacy efforts, share information, and support the work and visibility of its members. To join, go to www.immigrationadvocates.org and click "register." Membership is free. Contact: info@immigrationadvocates.org . IAN Partners include: the ACLU Immigrants' Rights Project, ABA Commission on Immigration, American Immigration Lawyers Association (AILA), American Immigration Law Foundation (AILF), Catholic Legal Immigration Network, Inc. (CLINIC), Immigrant Legal Resource Center (ILRC), Lutheran Immigration and Refugee Service National Immigration Law Center, National Immigration Project of the National Lawyers Guild Pro Bono Net, The Advocates for Human Rights. IAN Supporters include the Carnegie Corporation of New York, the Jeht Foundation, and Morrison & Foerster.

Take Action to Support Immigrant Rights (2008)
Tim Freilich, Legal Aid Justice Center, wants people to know that they can take action on behalf of immigrants via Internet. Go to www.justice4all.org/get_involved and look for the tab that says "Take Action to Support Immigrants' Rights." “Click on your favorite issue, and follow the simple instructions to send an e-mail. A copy of your letter will be sent to the Committee or individual that has been targeted. Usually, you'll never hear back from anyone. Sometimes you'll get an automatic response, or a response from the legislator's aide. You should never be afraid to contact an elected official. Elected officials work for us, and it's our job to tell them what to do.”

Citizenship Toolkit (2008)
Eddy Summer, Charlottesville Immigration Law Center, suggested this resource that contains videos, workbooks, flashcards, etc. for helping people learn the civics and history needed to pass the citizenship exam. It can be purchased from the Government Printing Office. In addition, USCIS is giving away a number of them for free to agencies that work with immigrants. The press release about the toolkit is http://www.uscis.gov/files/pressrelease/toolkit_20fe08.pdf The page to sign up for a free copy is http://www.citizenshiptoolkit.gov/ The page to purchase a copy is http://bookstore.gpo.gov/actions/GetPublication.do?stocknumber=027-002-00541

Video: Codewords of Hate (2008)
In this 2008 video produced by the National Council of La Raza, ADL’s Stacy Burdett discusses the how some media commentators, pundits and others have fueled the scapegoating and demonizing of immigrants, and particularly Hispanics, as part of the national debate over immigration reform. The video can be viewed at http://www.adl.org/Civil_Rights/immigration.asp This webpage belongs to the Anti-Defamation League (ADL) which has joined the immigration dialogue. They are specifically concerned with the anti-immigrant rhetoric. Eddy Summer, Charlottesville Immigration Law Center, suggested the video and webpage which also includes reports and other resources on immigration.

Cultural Senstitivy Trainings: Immigration And The Immigration Debate.
The Immigrant Solidarity Network, a group of Latino immigrants and their supporters, are preparing a presentation to give to groups interested in learning more about the immigration debate and putting a human face on immigration. The length of the presentation is flexible and can be tailored to fit the interests of your particular group. The presentation can include showing of a brief documentary, hearing personal stories from immigrants, addressing myths about immigration, and ample time for discussion, questions and answers. If your agency, organization, service group, church, etc. would like to learn more about the issue, contact Rhonda Miska at rhonda@incarnationparish.org

Tips from Doug Ford, Immigration Attorney (2007)
Typically, when people are detained because of prior deport orders, there is little legal work to be done other than navigating a bureaucracy to find out where the person is and what the process is for that person to be deported.

Washington District ICE (Immigration and Customs Enforcement)
To find out where a detained person is call: 703/285-6200

CAIR [Capital Area Immigrants' Rights] Coalition
Under their detention program, CAIR visits the Virginia jails contracting with ICE to hold immigrant detainees. CAIR can see if a detainee is in one of these facilities and if so, relay info and messages in and out. CAIR can also screen to see if there is any chance to fight deportation. Sara Edelstein is the Detention Project coordinator: 202/331-3320

Many people who have "papers" that are a NTA and/or Order of Release on Recognizance probably have deport orders. NTA is Notice to appear, essentially the immigration charging document saying they have to appear in Immigration Court to say why s/he should not be deported. This is often accompanied by an Order of Release which lets the person out of custody, say if caught at the border. This was the "catch and release" system that ICE had supposedly ended. If the person never went to the court hearing, in all likelihood the person was given a deport order in absentia. Immigrants with these documents have said they had "papers" as if they had some status. What these papers indicate, if the person didn't go to court, is that the person has a deport order and also is in the category of people more likely to be deported.