As the new school year starts, the threats to immigrants - documented and undocumented - have many children, parents and educators concerned. This webinar will focus on challenges facing families, districts and advocates across the country and possible strategies to address them.
Our speakers for this webinar:
Corey Williams, Federal Lobbyist, National Education Association
Jackie Vimo, Policy Analyst, National Immigration Law Center
Dr. Paul Cruz, Superintendent, Austin Independent School District
Etienne Melcher, Food Research & Action Center
3. ▪ Challenges across statuses, including mixed-status families
▪ Confidentiality/Sensitive Locations Memo
▪ Public Charge + Sponsor Liability
▪ Supporting Immigrant Families
Challenges and Responses to Support Immigrants
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9. ▪ Public charge: Within immigration law, a public charge determination
is based on if someone is, or is likely to become, dependent on the
government for basic subsistence
▪ A public charge assessment is made when a person applies to enter
the U.S. or applies to adjust status to become a lawful permanent
resident (LPR), NOT when applying to become a U.S. citizen
▪ Deportation based on public charge is rare
▪ Determination is based on assessment of all relevant factors, and only
two types of benefits are currently considered in public charge
determination:
1.Cash assistance for income maintenance
2.Institutionalization for long-term care
Background: Public Charge
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10. ▪ US citizens and LPRs can sign an affidavit of support to become the
sponsor of a person, usually a relative, who is applying for a green
card
▪ Family-based immigrants are required to have a sponsor
▪ Sponsor liability: Affidavit of support authorizes the government to
pursue reimbursement from the sponsor if the immigrant uses certain
federal benefits while it is in effect
▪ Currently only SSI, TANF, SNAP, Non-emergency Medicaid, and CHIP
give rise to potential sponsor liability
▪ In practice, government agencies have not pursued sponsors
Background: Sponsor Liability
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12. ▪ Agencies can develop confidentiality
policies
→ Ex: New York City Health +
Hospitals Corporation:
www.nychealthandhospitals.org/pressrelease/n
yc-health-hospitals-renews-commitment-to-
keep-patient-immigration-status-private
▪ Agencies can publish messages for
consumers
→ Ex: San Francisco Department of
Human Services:
www.sfhsa.org/asset/Home/Human_Services_
Agency_Post_Election_FAQ_March_2017.pdf
Responding to Threats at State/Local Level
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13. ▪ Draft state laws or policies that help ensure that people feel
comfortable seeking services for which they or their family members
are eligible
→ Limiting inquiries
→ Collection and recording of information: Ensuring any information is used
and disclosed only for the purpose of administering the program
▪ Public education about existing federal, state, and laws and
regulations that continue to protect the confidentiality of benefit
applicants/recipients
▪ Document the harm to individuals, communities, and institutions
when people are afraid to seek critical services
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Responding to Threats (continued…)
14. National Immigration Law Center
www.nilc.org
Questions or to share stories, contact:
publiccharge@nilc.org
Resources
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19. What can you do?
Advocate ...with administrators and school board members for
policies that protect students
▪ Establish a procedure(s) that refers Immigration and Customs
Enforcement (ICE) officers to the Superintendentʼs office for
clearance
▪ Require school staff to contact parents if ICE questions
students
▪ Provide public information about students' and parents' legal
rights and resources if they are contacted by ICE
Your Students and Immigration Raids: What You Can Do (doc)
➢ http://www.nea.org/assets/docs/ice-raids-fact-sheet-1.pdf
20. Know Your Rights - Resources
National Immigration Law Center
• Immigration Raids Alert – Prepare for Raids and Protect
Yourself!
• Everyone has certain basic rights, no matter who is
president
• Rights when encountering law enforcement
United We DREAM
• What If ICE Comes To Your Door?
21. • LEAs may not request that applicants provide information regarding
citizenship.
• USDA has determined that the Child Nutrition Programs are not subject to
title IV of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, which restricts certain welfare and public benefits for
undocumented individuals.
• United States citizenship or immigration status is not a condition of
eligibility for free and reduced price benefits. LEAs must apply the same
eligibility criteria for citizens and non-citizens.
• For more information, see: SP 50-2011, CACFP 27-2011, SFSP 20-2011: Free
and Reduced Price Meal Applications – Requests for Additional Information
Citizenship and legal status is not a
condition of eligibility for school meals
22. Promising Practices for Ensuring Access to School
Meals for Limited English Proficient Families
23. USDA Guidance and Q&As
and Translated Applications
Meaningful Access for
Persons with Limited
English Proficiency in the
School Meal Programs:
Guidance and Q&As
Translated applications
and other resources
24. Identifying LEP Households
Crucial times to identify LEP households:
1) school enrollment;
2) when school meals applications are distributed; &
3) when there are additional communications
related to eligibility (e.g. verification)
25. Providing Access to School Meals
Information
Ways schools can provide meaningful
access to school meals information:
• Written translations
• Oral Language Assistance
Many school districts are also providing
access to school meals information on their
website.
26. Questions?
Contact Information:
Jackie Vimo
National Immigration Law Center
vimo@nilc.org
Corey Williams
National Education Association
cwilliams@nea.org
Etienne Melcher
Food Research & Action Center
emelcher@frac.org