Successfully reported this slideshow.

Reuniting immigrant families act

1,680 views

Published on

  • Be the first to comment

  • Be the first to like this

Reuniting immigrant families act

  1. 1. The Reuniting Immigrant Families Act:A Case Study on California’sSenate Bill 1064SPARC Webinar/First FocusTuesday, May 28, 2012
  2. 2. State Policy and Reform Center (SPARC)2SPARC (May 28, 2013)First Focus is proud to coordinate SPARC, a projectdesigned to help state child welfare advocates makean even bigger impact, and supported by the Annie E.Casey Foundation and Jim Casey Youth OpportunitiesInitiative.Sign up for email updates at http://childwelfaresparc.com/Policy Briefs and Webinars available at the SPARC website
  3. 3. Workshop Overview1. INTRODUCTIONS of presenters2. REVIEW SB1064 legislation3. FEDERAL OVERVIEW of comprehensiveimmigration reform and legislation impactingchildren and family4. AN INSIDER’S PERSPECTIVE of developing statelegislatino in partnership with communitypartners5. PROTECTING FAMILY UNITY, an update fromArizona3SPARC (May 28, 2013)
  4. 4. Presenter Background4Yali Lincroft is a Children’s Policy Consultantfor First Focus Campaign for Children. She isa founding member of the Migration andChild Welfare National Network and authorof numerous publications focused on theintersection of immigration and child welfareincluding “When A Parent is Incarcerated: APrimer for Social Workers” for the Annie E.Casey Foundation and “A Social Worker’sToolkit for Working with Immigrant Families.”She is the primary author of SB1064.CONTACT: yalil@firstfocus.netSPARC (May 28, 2013)
  5. 5. Presenter Background5Wendy Cervantes is the Vice President ofImmigration and Child Rights Policy for FirstFocus Campaign for Children. Before joiningFirst Focus, she worked at the Annie E. CaseyFoundation, was the Director of Programs at LaPlaza, an adult ESL instructor, and atransnational community organizer. She is anadvisory member of the We Belong TogetherCampaign. She has written policy briefs onComprehensive Immigration Reformamendments, DREAM Act, HELP bill, and otherimmigration/child welfare legislation.CONTACT:wendyc@firstfocus.netSPARC (May 28, 2013)
  6. 6. Presenter Background6SPARC (May 28, 2013)Alexandra Salgado is a Legislative Aide forSenator Kevin de León (D-22). She managedSB 1064 by developing the policy, buildingsupport coalitions, and advocating for themeasure. Currently, she staffsSenator DeLeón on public safety, governmentalorganization, immigration, foster care andjudiciary issues. She received a bachelor’sdegree in Political Science from StanfordUniversity, where she was active in varioussociopolitical groups focused on immigrantand worker rights.CONTACT:Alexandra.Salgado@sen.ca.gov
  7. 7. Presenter Background7SPARC (May 28, 2013)Laurie Melrood, is an Arizona consultant onchild and family welfare. Formerly a CASACoordinator and adoptions director for thePima County Juvenile Court, she was mostrecently the founding director of KARE FamilyCenter, a nationally recognized multi-servicecenter for grandparents and relatives raisingchildren. She has developed resources,provided workshops,and borderland toursemphasizing social work best practice forfamilies involved in arrest, detention, anddeportation.CONTACT: lamidbar@gmail.com
  8. 8. About SB1064 (de León)• Bill signed by California Governor Brown onSeptember 30, 2012.• Became first law in the country to address familyseparation issues as a consequence of the currentimmigration enforcement system.• The goal of the bill is to keep children with theirfamilies and out of the public child welfaresystem whenever possible, and help separatedfamilies receive appropriate care and dueprocess.8SPARC (May 28, 2013)
  9. 9. Summary of SB10641. Authorize the court to provide an extension in thefamily reunification period2. Prohibit the use of immigration status as adisqualifying factor in evaluating placement of achild with a relative. Authorize use of a relative’sforeign consulate id card or passport to be used toinitiate criminal records or fingerprint clearance9SPARC (May 28, 2013)
  10. 10. Summary of SB10643. Require the California Department of SocialServices (CDSS) to provide guidance to socialworkers on referring children eligible forimmigration relief options like Special ImmigrantJuvenile Status to receive assistance in acquiringprotective status4. Require CDSS to provide guidance to counties toestablish MOUs with appropriate foreign consulatesin child custody cases10SPARC (May 28, 2013)
  11. 11. http://childwelfaresparc.com/http://sb1064.orgWebsite with California legislative history,testimony, media, etc.http://s4185.orgWebsite with New York legislative history11SPARC (May 28, 2013)For More Information
  12. 12. The Reuniting immigrant Families ActWendy Cervantes, Vice President ofImmigration and Child Rights PolicyMay 28, 2013
  13. 13. National contextWhy the increase in family separations?• Shift from worksite raids to partnership with local lawenforcement• No guidelines for protecting parents and childrenimpacted by enforcement actions under 25 people• Failure of prosecutorial discretion policy/ mandatorydetention laws
  14. 14. Challenges for detained ordeported parents with childrenin the child welfare system• Lack of coordination between local ICE and child welfare agencies,including lack of universal policies across the two systems• Inability for parents to visit with their child, meet child welfare case planrequirements, or participate in family court proceedings• Bias among child welfare staff & family court judges against detained ordeported parents and undocumented caregivers• Strict child welfare timelines that can result in the inappropriate terminationof parental rights• Difficulty in coordinating reunification at the time of a parent’s release,removal, or after removal
  15. 15. Federal Legislative Efforts• HELP Separated Children Act ( Franken S.1399/ Woolsey H.R. 2607, 112thCongress)• Help Separated Families Act (Roybal-Allard H.R. 6128, 112th Congress)• Foster Children Opportunity Act (O’Rourke H.R. 2036, 113th Congress)• Border Security, Economic Opportunity, and Immigration Modernization Act(S.744, 113th Congress)• Includes provisions to promote family for kids with detained or deportedparents in child welfare system• Includes provisions to promote family for kids with detained or deportedparents in child welfare system• Help Separated Children Act amendment (Franken 7) passed byunanimous SJC vote• Discretion for Immigration Judges• Pending House Immigration Reform Bill
  16. 16. Federal Administrative Reforms• Detainee Locator• Risk Assessment Tool• Transfer Policy• Pending Parental Rights Directive
  17. 17. www.firstfocus.netThank Youwww.ffcampaignforchildren.orgwendyc@firstfocus.net
  18. 18. SB 1064 (DE LEÓN)REUNITINGIMMIGRANTFAMILIESACT
  19. 19. Developing Policy• Senator De Leon’s interest in the issue:• Devastating impact of Secure Communities, an information sharingprogram designed to identify immigrants in U.S. jails who aredeportable under US immigration law.• Arrests can lead to deportation if Immigration and CustomsEnforcement (ICE) places a hold on immigrant, regardless of thecharge and even if not convicted.• “Shattered Families” (Nov. 2011) report by Applied ResearchCenter: provided a comprehensive analysis of the impact of theimmigration system on families in the child welfare system.
  20. 20. State Perspective• How can we improve our state child welfare system in theabsence of federal action?• Clear that the most impactful improvements needed to happen withICE, which had failed to develop practices to protect children.• Role of local law enforcement• Role of child protective services and social workers
  21. 21. Research• From a state perspective, the only real solution was toimprove how the child welfare system interacts withimmigrant parents.• Understanding child welfare system in California• Decentralized structure: Counties have a lot of flexibility and controlin determining regulations and practices.• County limitations: Many rural counties do not have the samestaffing capabilities as the larger urban counties.• Evaluating best practices• Looked to counties that had immigrant specific approaches,specifically LA County and Santa Clara County.
  22. 22. Building Coalitions• The most helpful approach was getting strong supportfrom both child advocacy groups and immigrant rightsorganization.• In order to create a broad coalition, we targeted leadgroups from both issue areas that were willing to makeSB 1064 a priority bill.• First Focus Campaign for Children• Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)• California Immigrant Policy Center (CIPC)
  23. 23. Framing the Issue• Important to make child welfare the central focus.• Many state representatives have difficultyunderstanding how the immigration system works andwhy families get separated in the first place.• Highlighting stories:• Focus on children, not why the parent was arrested
  24. 24. Negotiating with Interested Parties• Addressing California Department of Social Service’sconcerns:• Recognizing Department’s limitations, especially in an era ofbudget restraints.• Pushing the envelope: Support from child welfare experts(including County Welfare DirectorsAssociation of California)allowed us to understand what were reasonable expectations.• Amendments to secure the Governor’s signature:• Extending deadlines• Conforming bill language to existing law and regulations
  25. 25. For more information…Please feel free to contact me for SB 1064 factsheets andany additional information:Alexandra SalgadoOffice of Senator Kevin de LeónPhone: 916-651-4022Email: alexandra.salgado@sen.ca.gov
  26. 26. PROTECTING IMMIGRANT FAMILY UNITY:UPDATE FROM ARIZONALaurie Melrood, LMSWAdvocacy & Consult ing LLCTucson, Arizonalm elrood@gm ail.comMay 28, 2013THE REUNITING IMMIGRANTFAMILIES ACT
  27. 27. FEDERAL & STATE ENFORCEMENT POLICIESAFFECTING IMMIGRANT FAMILIES IN ARIZONAICE ACCESS program s -- Agreem ent s of Cooperat ion inCom m unit ies t o Enhance Saf et y and Securit y, anum brella enf orcem ent st rat egy 287-G Agreem ent s Secure Com m unit ies (S-Com m ) Crim inal Alien Program Nat ional Fugit ive Operat ions Program (N-FOP) Arizona SB 1070 (Support Our Law Enf orcem ent & Saf eNeighborhoods Act ) 2010 Arizona Taxpayer & Cit izen Prot ect ion Act , 2010
  28. 28. COLLABORATIVE RESPONSES TO ENHANCEIMMIGRANT FAMILY UNITY Press Conf erence on “Shat t ered Fam ilies” ASUSchool of Social Work, 20 SponsoringOrganizat ions Int er-regional Im m igrant Parent and ChildWelf are Com m it t ee -- Juvenile Court s, ICE, AG,CPS, Legal Organizat ions, Child Advocat es SB 1303 and SB 1307 -- St at e Sen.Lopez, ChildAdvocat es, Im m igrat ion law yers, Girl Scout s,Grandparent s Raising Grandchildren Fam ily Unit y Manual -- U of Arizona LawSchool, FIRRP, St ept oe & Johnson (DC)
  29. 29. FUTURE TRENDS: SUPPORTING IMMIGRATIONREFORM WITHCHANGES FROM THE BOTTOM UP The Im m igrant Parent & Child Welf are Com m it t ee,rshelley@court s.az.gov “Shat t ered” -docum ent ary by Jaim e Gonzalez and Lat inoPolicy Coalit ion, w w w .lat inopolicycoalit ion.org “Le Prix des Enf ant s” -- docum ent ary on separat edf am ilies, Spanish w / French subt it les, France, ARTE-TV, Fall2013, lugones.robert o@gm ail.com Com m unit ies of Prot ect ion/Redes de Prot eccion --Fam ilies Organizing t o Prot ect Parent al Right s,nom oreborders@gm ail.com Com m unit y Educat ion: Border Social Service Tourslm elrood@gm ail.com , May and Oct ober, 2013COME VISIT!

×