Human Trafficking: A Hidden Crime

 According to the U.S. State Department, 600,000 to 800,000 people are trafficked across international borders each year. Despite it affecting around 20 million people worldwide, the issue still seems remote and difficult to grasp. The reality is the victims are closer to us than we think. They are in our stores, local businesses, and residential communities. But can we identify them and ensure that they receive protection?

 The Immigration Legal Assistance Program at Lutheran Social Services (ILAP) provides comprehensive legal and social services to trafficking survivors. ILAP receives referrals from a variety of sources, including law enforcement, social service providers, and the general public. The stories of survivors take many forms. For example, Maria (her name has been changed to maintain her confidentiality) was a struggling single mother who was hired in Brazil by a Brazilian couple. She was promised an opportunity of moving to the United States to work as a full time nanny. She came into the country legally as a domestic worker.

At first, if you met Maria, you would see no red flags. She cared for two children and kept up with the housework. But in reality, she worked in precarious conditions living in a flooded basement of the employer’s house. She worked long hours at very little pay. She was threatened constantly by her employers who said they would call immigration if she disobeyed. Her passport was taken from her, and she had limited contact with the outside world. Many of the people who she encountered were naïve to the facts of her exploitation. Eventually, she sought a way out, and LSS helped her to apply for a T visa for victims of human trafficking. Now, she has legal status and is in the process of reuniting with her daughter.

 How Maria was identified

 There was a neighbor who thought it was strange that Maria was always working in the house and never seemed to leave. The neighbor managed to find a Portuguese speaker to find out more about her life and her work at the house. Although she was suspicious, the neighbor never directly asked her if she needed help or offered to help.

There was also an employee from the moving company who came into the employer’s house. He saw something was wrong when he went down to the flooded basement and saw the soaking wet mattress she slept in. As other people had previously told her, he said that she should quit her job and seek help. She wanted to leave, but it was difficult because she did not speak English and was completely dependent on her employer.

Maria didn’t feel safe asking for help. She was afraid to talk about her work conditions because she feared that her employers would find out. She didn’t understand her rights in the United States as an immigrant. She came across many people who didn’t know how to orient her and guide her to where she should find help. It wasn’t until she came across a person who offered to bring her to the Brazilian Immigrant Center that she received the help that she needed and learned that the law was on her side.

Maria was eventually introduced to the Metrowest Worker Center and referred to our office. LSS helped Maria to apply for a T visa. As a client, she received assistance from a caseworker and an immigration attorney and was finally able to achieve her American dream – to thrive as a new member of the community. LSS is also assisting Maria to reunite with her daughter. Today, Maria is working as a hair dresser, taking ESL classes, and attending regular therapy sessions to recover from her trauma.

How you can identify a victim of labor trafficking?

Look for signs: 

¨       Housing may be provided by employers;

¨       The worker does not have identification or a passport;

¨       The worker(s) are always accompanied by employer;

¨       The worker is afraid to talk to strangers;

¨       The worker is less than 18 years old; and/or

¨       There was fraud in the employment contract.

Please keep in mind that labor trafficking takes a variety of forms. If you are not sure whether a situation is labor trafficking, please feel free to contact LSS at (508) 754-1121, ext. 408.

 What questions might be helpful to determine if the individual is a victim of trafficking:

• Can you find another job if you wanted to?
• Can you come and go as you please?
• Do you feel pressured at work?
• Have you been hurt or threatened by employers?
• Has your employer threatened to deport you?
• Where do you sleep and eat?
• Are you in debt to your employer?

How to help?

After hearing about the horrors of human trafficking, it’s imperative to be alert to situations that look suspicious to assess the situation by asking questions and to offer to help. No government alone can end human trafficking, but individually we can help to raise awareness about this crime and demand protection for the survivors. To find out more information about human trafficking or to report something suspicious, please call the National Human Trafficking Resource Center at (888) 428-7851.

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Blog post by Caroline Dacosta, Legal Assistant at Lutheran Social Services of New England.

Pro Bono Attorney Profile: Sheila Corkhill

In the fall of 2013, Sheila Corkhill, a graduate of Boston College and Seton Hall University School of Law and a former immigration attorney at Catholic Charities, became a member of the pro bono panel at the Immigration Legal Assistance Program at Lutheran Social Services (LSS) of New England. Throughout the past nine months, Attorney Corkhill has represented an unaccompanied minor child in his claim for Special Immigrant Juvenile (SIJ) Status. I sat down with Attorney Corkhill to learn more about what drew her to volunteer with our organization and to get a sense of her experience working on that case.

Christina Borysthen-Tkacz: How did you first become interested in immigration law?

Sheila Corkhill: Before I went to law school, I traveled to Honduras for one month on a Catholic service trip and stayed with families who were living in extreme poverty – a transformative experience. After that, I felt drawn to help and knew that when I went to law school I would make an effort to represent immigrants and refugees.

Christina Borysthen-Tkacz: What drew you to working with immigrant children in particular?

Sheila Corkhill: Well, I was a board member at an academic scholarship program that helps educationally disadvantaged children go to college. We found out that one of our students our organization was helping was undocumented and desperately needed legal assistance. I contacted my friend Amy Wax, an immigration attorney in the Boston area, who along with Attorney Jay McManus from Children’s Law Center determined that the child was eligible for Special Immigrant Juvenile (SIJ) status. From there, Jay, Amy, and I worked on the case and won SIJ status for that child. Since then, the child has graduated from college and recently married. Gaining SIJ status was truly life changing for her and gave her a pathway to a better and full life.

Christina Borysthen-Tkacz: Could you talk about your experience working as an immigration attorney at Catholic Charities?

Sheila Corkhill: Yes, I worked within Refugee and Immigration Services at Catholic Charities, where I provided forms assistance, worked on adjustment of status and naturalization applications and consular processing, R1 petitions for temporary nonimmigrant religious workers, and Deferred Action for Childhood Arrivals (DACA) cases. I also worked on family reunification cases, and on petitions for Temporary Protected Status (TPS) for several individuals from Haiti following the 2010 earthquake in that country.

Christina Borysthen-Tkacz: Since joining LSS’s pro bono panel, you have graciously volunteered your time to represent a young boy in his claim for Special Immigrant Juvenile Status. Could you describe that experience?

Sheila Corkhill: My client survived extreme deprivation and hardship in his home country in Central America. He is a resilient and brave young man who is rebuilding his life through education and hard work. My client’s story and all of these children’s stories are so compelling, as is helping a vulnerable child with no family or support. It has been a very meaningful experience.

Christina Borysthen-Tkacz: How would you describe your experience of working with LSS attorneys and staff?

Sheila Corkhill: I have loved volunteering with LSS, especially because of the immense practical experience it has given me because of the frequent client contact. I have been honored to hear my client tell his life story and to get to know him through this representation. This pro bono opportunity has been very hands-on, requiring client meetings and appearances before Juvenile Court, United States Immigration Court, and U.S. Citizenship and Immigration Services , which has been a great experience. The staff attorneys at LSS are readily accessible and have offered support throughout the process.

Christina Borysthen-Tkacz: What have you found most difficult about your pro bono experience?

Sheila Corkhill: Well, I would say that it has been somewhat frustrating trying to navigate the bureaucratic delays within a broken immigration system. For me, it was difficult to hear a young person discuss the traumatic and emotional events that he had experienced, but those difficult interactions were also motivation to help my client through the legal complexities in any way I could.

Christina Borysthen-Tkacz: Would you be interested in exploring other types of pro bono immigration representation?

Sheila Corkhill: Yes, I’d like to take an asylum case, a VAWA petition for relief under the Violence Against Women Act, and then a U or T visa case, in that order if they’re available for referral. I’m also interested in representing individuals in immigration detention.

Christina Borysthen-Tkacz: What advice would you give to an attorney who is considering volunteering with LSS’s pro bono panel?

Sheila Corkhill: This is a valuable experience, especially for new attorneys, because there are so many court appearances and USCIS interviews involved. I would also tell a prospective volunteer not to be overwhelmed, because there are so many resources available to get you up to speed in immigration law. LSS provides plenty of support, and even the court employees are quite sympathetic to an attorney taking on a pro bono case. It is worth it to help someone stay here in the U.S. and to avoid the poverty and danger of returning to his or her home country. I’m grateful to have the opportunity to represent these children at LSS.

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Blog post by Christina Borysthen-Tkacz, AmeriCorps Attorney at Lutheran Social Services of New England.

Treatment of New Arrivals at our Southern Borders

It seems like everyone is talking about the numbers of women and children coming to the United States across the southern border, often from Central America.[1] Some media have cited officials speculating that people are seeking to immigrate to the United States because they have heard that our administration is lax in enforcement of the immigration laws.[2] As my colleague pointed out two weeks ago, they are coming from countries where violence and lawlessness are part of everyday life. Examples of that violence were highlighted in a report last year by the United States Conference of Catholic Bishops (USCCB).[3] There is very little hope for a future, and sadly for most, there is nothing to lose by leaving “everything,” or nothing, behind.  

Contrary to speculation, in my ten years of representing noncitizens, I have never seen a greater demand for representation by persons facing deportation than now. In fact, the most recently available data from the Department of Homeland Security reflect that this administration has returned or removed more than 3 million individuals.[4] Leniency does not appear to be part of the picture. The primary trend I have noticed is the increasingly brutal violence that my clients are fleeing in Central and South America. The tools of the wars that left these countries in shambles are being used to commit violence against individuals, families, and communities who refuse to support the perpetrators, be they gangs, cartels, or other groups.

The other trend that has appeared is an increasing number of women and children seeking help at our office after having received what is referred to as an expedited order of removal at the border. For persons over 18 years of age and their accompanying children, they may proceed to seek status in the United States in removal proceedings only if they are found to have a credible fear of return.[5] It appears that some persons who are detained upon seeking entry to the United States are asked this question, though only in the form of, “do you fear persecution or torture?,” while others are not asked at all. The majority of the clients I interview in this situation do not know what those words mean. They often answer “no,” in spite of having real fear of harm as that described above and in the USCCB report. They are then issued orders of removal, but allowed to enter the United States with the condition that they report to an immigration office close to their destination within our borders. They have the right to ask for an interview regarding their fear of return, but nowhere are they notified of this or given guidance on how to do so. Instead, they report to Immigration & Customs Enforcement, where officers inform them that they must leave the United States. This new unofficial procedure violates individuals’ right to have their fear of return assessed by our government as well as our country’s international obligations not to deport persons who qualify for asylum.

I have no doubt of the difficult task faced by border officials as they try to interview the large numbers of persons seeking safety at our borders. But as long as our neighbors have nothing to leave behind, they will continue to seek safety within our borders.   There must be reform and greater resources must be devoted to immigration, including resources for representation and border officer training, as well as enforcement. I am heartened to see that more resources are being devoted to the plight of unaccompanied minors,[6] but there is still much work to be done.

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Blog post by Elizabeth Badger, Staff Attorney at Lutheran Social Services of New England

[1] E.g., http://colorlines.com/archives/2014/06/why_are_so_many_unaccompanied_minors_fleeing_central_america_for_the_us.html

http://online.wsj.com/news/articles/SB10001424052702303743604579351143226055538

http://fusion.net/justice/story/garifuna-young-black-latino-exodus-youve-heard-743461

http://www.pewstates.org/projects/stateline/headlines/number-of-undocumented-children-who-cross-us-border-alone-has-tripled-85899474787

http://www.nytimes.com/2014/06/03/us/politics/new-us-effort-to-aid-unaccompanied-child-migrants.html?_r=1

http://www.nytimes.com/2014/06/04/world/americas/wave-of-minors-on-their-own-rush-to-cross-southwest-border.html

http://www.msnbc.com/msnbc/child-immigrants-strained-system

 [2] E.g., http://colorlines.com/archives/2014/06/why_are_so_many_unaccompanied_minors_fleeing_central_america_for_the_us.html

[3] http://www.usccb.org/about/migration-policy/upload/Mission-To-Central-America-FINAL-2.pdf

[4] https://www.dhs.gov/yearbook-immigration-statistics-2012-enforcement-actions

[5] See 8 U.S.C. § 1225; 8 C.F.R. § 235.6.

[6] http://www.nationalservice.gov/newsroom/press-releases/2014/justice-department-and-cncs-announce-new-partnership-enhance

http://www.miamiherald.com/2014/06/02/4154138/obama-acts-on-flood-of-children.html

Learn More About Unaccompanied Minors and the Immigration System

FAQs on Unaccompanied Alien Children

What is an unaccompanied alien child (UAC)? Unaccompanied alien children (UAC) are minors that are apprehended by Department of Homeland Security (DHS) immigration officials, usually around the border of the United States and Mexico.

What happens when UAC’s are taken into custody? Unaccompanied and undocumented alien children that are taken into custody are then transferred to the care and custody of the United States Office of Refugee Resettlement (ORR), a branch of the U.S Department of Health and Human Services.

Apprehension of Minors at the Border: The Basics

 

The number of UAC arrivals is expected to reach unprecedented levels this year.

In Fiscal Year 2012, the Office of Refugee Resettlement (ORR) experienced an unanticipated increase in the number of referrals of Unaccompanied Alien Minors (UACs). In 2012, the ORR served 13,625 UACs. The program nearly doubled in size in one year. During the previous 8 years, the ORR had averaged 6775 UAC referrals per year. According to a report conducted by the United States Conference of Catholic Bishops, in 2014, the number of unaccompanied alien minors arriving at the border could increase to 60,000.

What does this mean for Service Providers like Lutheran Social Services (LSS)?

One of the overarching goals of ORR is to reunite minors with family members in the United States as quickly as possible. Because of the sharp and sudden increase in childhood arrivals, shelters and juvenile holding facilities near the border do not have the capacity to accommodate all of the children who are arriving every day. In order to free up space in these facilities, caseworkers work directly with each child to identify possible sponsors in the United States. A sponsor could be a parent, extended family member, or even a family friend.

Many of the sponsors are undocumented. Because of this, the process of undergoing a background check can be intimidating. Until very recently, all sponsors needed to be fingerprinted to assure that they would be suitable guardians for minors.

For many sponsors, there seems to be a lack of information about what it means to sponsor an UAC. Often, potential sponsors arrive in our office and don’t even know where the child is being held. Moreover, sponsors sometimes have questions about the case that is pending against the UAC or questions about the process in general that go unanswered throughout most of the reunification process.Though each potential sponsor and child has a case manager to communicate with, case managers often have an overwhelming case load that makes it difficult for them to be able to fully support families that are involved in this process.

Over the last 3 years, the Immigration Legal Assistance Program at Lutheran Social Services (LSS) has seen a large increase in the number of sponsors that get fingerprinted as a part of the Family Reunification Process. Because we are the only fingerprinting site in New England, the increase parallels the growth of unaccompanied minors that are being reunited with family members in the region. In 2011, for example, the most fingerprinting appointments that we saw during one month was 27 people. During the slowest month of 2011, we fingerprinted only 2 sponsors. During the slowest month of this year thus far (February), our site fingerprinted 40 sponsors.  In May 2014, we fingerprinted 87 sponsors. During the slowest month of the year thus far (February), our site fingerprinted 40 sponsors.

Most recently, there have been moves to take the pressure off of service providers and reduce the burden on sponsors. For example, now fingerprints are not required of all sponsors. While this will speed up the process, this will not make the children who are released to sponsors who have reduced background checks safer or help to stem the rising tide of UACs into the United States. We need a systemic answer.

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Blog post by Chloe Meade, Legal Assistant at Lutheran Social Services.

Supreme Judicial Court Decision Makes Massachusetts First State to Provide Strict Guidelines for Defense Attorneys under Padilla

Supreme Judicial Court Decision Makes Massachusetts First State to Provide Strict Guidelines for Defense Attorneys under Padilla

On May 19, 2014, the Supreme Judicial Court of Massachusetts issued a decision in Commonwealth v. Elan DeJesus (SJC-11392), holding that a defense counsel’s advice to her noncitizen client that he would be “eligible for deportation” if the client pleaded guilty to drug possession charges was constitutionally deficient. Under Padilla v. Kentucky, 559 U.S. 356 (2010), a defense counsel’s failure to notify a defendant of his risk of deportation when accepting a plea bargain constitutes constitutionally deficient counsel under the Sixth Amendment. Under Strickland v. Washington, 467 U.S. 668, 688 (1984), a defense counsel’s representation must fall “below an objective standard of reasonableness” and there must be a reasonable probability that this representation prejudiced the defendant’s case, in order to constitute ineffective assistance of counsel.

In DeJesus, the defendant was a lawful permanent resident who in 2008 was arrested in Boston and indicted with cocaine trafficking (28 grams or more); this was his first arrest, and his defense attorney advised him that a guilty plea would make him “eligible for deportation.” The defendant decided to plead guilty to the lesser offense of possession of cocaine with intent to distribute and was sentenced to 2½ years probation; a conviction for the trafficking offense would have carried a mandatory minimum sentence of 5 years’ imprisonment. Then in 2011, the defendant was arrested for driving without a suspended license and was placed in ICE custody and removal proceedings.

In DeJesus, the SJC found that counseling a defendant that he is “eligible for deportation” does not “adequately inform [him] that, if he were to plead guilty…, then, upon apprehension, his removal from the United States would be presumptively mandatory under Federal law.” The SJC found the applicable immigration statute in this case, 8 U.S.C. § 1227(a)(2)(B)(i), to be “succinct, clear and explicit,” as in Padilla, because all controlled substance convictions—with the exception of some marijuana possession offenses—command removal of a noncitizen defendant. See Padilla, supra at 368. “Counsel therefore was obligated to provide to his client, in language that the client could comprehend, the information that presumptively mandatory deportation would have been the legal consequence of pleading guilty.” See DeJesus (emphasis added). Massachusetts is the first state to place this greater responsibility on defense attorneys who represent noncitizen defendants which will require them to provide very clear advice regarding the potential immigration consequences of pleading guilty to a crime. The full decision is available at http://www.universalhub.com/2014/commonwealth-vs-elan-dejesus.

Blog post by Christina Borysthen-Tkacz, AmeriCorps Attorney at Lutheran Social Services.

Rise of Unaccompanied Minors Crossing the Border Causes Concern

In the past decade, the number of immigrants crossing the U.S. border illegally has dropped to rates not seen since the early 1970s, according to Customs and Border Patrol (CBP) apprehension statistics. This significant decrease in crossings has been attributed to the increasing costs and danger involved in traveling to the U.S. and the rise in economic opportunities in Mexico. Even as the total number of entrants declines, the number of young children without adult companions crossing the border, known as Unaccompanied Alien Children (UACs), has risen dramatically. (See chart below.)

 

Source: CGRS

As this chart shows, the number of unaccompanied children entering the U.S. has doubled every year since 2011, and is expected to reach 60,000 or more this year. Why are these numbers rising so rapidly? Although the lack of economic and educational opportunities are often factors in their decisions to come to the U.S., the overriding reason for the recent surge in child migration is the fear and hopelessness brought about by the escalation of violence and breakdown of rule of law in Central American countries. Children are prime targets for gang violence, especially forcible recruitment, and their governments have been unable to protect them.

Many of the children who come to the U.S. have survived severe abuse or deprivation in their home countries, and should not be required to return. All too often, their families encourage them to undertake the dangerous journey through Central America, so that they can earn money to send home. The 2009 documentary, Which Way Home, provides a fascinating depiction of the treacherous journey, which by all accounts has become even more dangerous since the film was shot. On the way to the U.S., these unaccompanied children face further deprivation and dangerous predators of all kinds, including gangs, kidnappers, traffickers, and even vicious animals.

As awareness of the plight of these young survivors spreads, medical journal articles have begun to document the trauma they suffer during and after their journeys. A recent report by the Center for Gender and Refugee Studies (CGRS) and Kids in Need of Defense (KIND) also reveals that the bewildering experience does not end at the U.S. border. In order to remain in the U.S., these young survivors must navigate complex state and federal legal systems, which would be baffling for most adults.

Although the number of these young survivors ending up in Massachusetts is relatively small, there are still far more unaccompanied children eligible for relief here than local legal aid organizations have the capacity to assist. A bill currently under consideration in the Massachusetts State House (link to my previous post) would enable legal aid organizations to take on some additional cases, by giving survivors more time to apply for relief, but more remains to be done.

Whether you are an attorney or just a concerned member of the community, if you want to find out how you can help these young survivors living in Massachusetts, contact your local immigrant legal services provider (here is a list of Massachusetts organizations). To learn about ways to support ILAP, visit our Get Involved page.

Blog by Tilman Jacobs, Staff Attorney at Lutheran Social Services.

 

Free Worcester Citizenship Clinic on June 28th

Free Worcester Citizenship Clinic on June 28th

 On June 28, 2014, Lutheran Social Services will partner with the Greater Boston Citizenship Initiative to sponsor a free citizenship clinic in Worcester, Massachusetts. The clinic will offer assistance to Worcester residents to apply for citizenship. The clinic is open to anyone who is a lawful permanent resident (i.e., green card holder) and otherwise eligible for citizenship. To find out if you are eligible for citizenship, click here. If you are not sure if you are eligible, please contact LSS for more information.

Who is eligible to become a United States citizen?

 Generally, you must be over the age of eighteen and have a green card. You usually must have had your green card for five years, but there are some exceptions to this rule. You may have difficulty applying for citizenship if you have been arrested or have traveled out of the country extensively. If you are not sure if you are eligible, please contact LSS for more information. LSS staff will conduct a detailed intake to determine if you are eligible.

Why is it important to become a citizen?

 There are many benefits to U.S. citizenship. Citizens are eligible to vote in national elections and your voice can be heard as the country chooses a President and Congressmen. Citizens also receive priority when petitioning for immigration status for eligible family members. Citizens can also travel with a U.S. Passport, which makes travel easier and allows individuals to receive assistance from U.S. Consulates abroad. Citizens can also become elected officials and are eligible to apply for certain federal jobs. There are many other important benefits of U.S. citizenship. For more information, click here.

 I want to apply for citizenship. What do I do to reserve a space at the Clinic?

 To register, please call LSS at 508-296-0349. LSS staff will call you back to let you know the requirements for citizenship and if you are eligible. Also, you will be asked to collect certain documents to include in your citizenship application. All documents should be brought with you on June 28^th.

I want to volunteer for the citizenship clinic. How can I sign up?

 LSS is seeking volunteers to help Worcester residents apply for citizenship. It is an incredibly rewarding experience, and LSS will provide free training and food during the clinic. To apply, please click here. You will be notified of the date and times of volunteer orientation. Volunteers are asked to come to one orientation and to be present on the day of the clinic from 9 am – 3:30 pm.

I am a business who wants to donate food or items to the clinic. How can I get involved?

 If you are interested in donating food or items for the day of the citizenship clinic, please contact Julie Dahlstrom at jdahlstrom@lssne.org or (508) 754-1121, ext. 408.

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Blog post by Julie Dahlstrom, Managing Attorney at Lutheran Social Services.

LSS and Community Partners Testify in Support of Rights for Unaccompanied Minors

On April 8, immigration attorneys, social workers, educators, and young immigrants testified at the Massachusetts State House in support of a bill that would help more unaccompanied immigrant minors apply for legal status in Massachusetts. Currently, the Massachusetts Probate and Family Court can only hear cases for minors under 18, but “An Act Relative to Special Juveniles” (Senate Bill 684 and House Bill 1414) would allow young immigrant survivors of abuse, abandonment, or neglect to ask courts for help until they turn 21.

This change might seem minor, but it could make an enormous difference for some young immigrants in Massachusetts.

In 1990, Congress created a classification called “Special Immigrant Juvenile” (SIJ) to provide these young immigrant survivors with a pathway to legal permanent residence. Although the federal government retains sole authority to grant SIJ status, Congress left it up to state courts to decide whether these children are, in fact, survivors of abuse, abandonment, or neglect. The problem with this arrangement is that, while the federal government can grant SIJ status to survivors while they are 21 and under, immigrants over 18 cannot access courts in many states, including Massachusetts, to obtain the required special findings.

Since 2008, Massachusetts immigrant rights advocates, including the Lutheran Social Services Immigration Legal Assistance Program (ILAP), have been working to overcome this jurisdictional gap for immigrant survivors aged 18-21. This year, the legislation has more support than ever before, including the Massachusetts Bar Association, the Probate and Family Court, and 15 State Senate and 22 House co-sponsors.

On May 16, the bill was attached to the Senate Budget as Amendment #120, in order to provide another avenue for the State Senate to consider the proposed law. On May 19, the House of Representatives version (H1414) was reported favorably out of the Judiciary Committee, and will likely be read in the House and considered by the House Ways and Means Committee.

The proposed law itself is not controversial. It would reconcile state and federal law; it would not increase costs to the Commonwealth; the expected increase of 40 or fewer cases per year would not overwhelm the courts; and it would make a tremendous difference in the lives of these remarkable young immigrants. Other states, including New York, Florida, and most recently Maryland, have already expanded access to their courts for young immigrant survivors over 18.

The problem is that most people in Massachusetts do not know about the plight of these young survivors and how the proposed law could help them.

If you care about this issue, please let your local state legislators know what you think of “An Act Relative to Special Juveniles.” Perhaps this year Massachusetts can join other states in giving these young survivors a chance at a future.

Blog post by Tilman Jacobs, Staff Attorney at Lutheran Social Services.

Isn’t education for all?

Hope is the sentiment most often evoked by my clients. They have hope that their case will be successful and hope for a better life without violence. They have hope to better their lives and those of their children through education and job opportunities. But, unfortunately for some, this hope fades when they realize that their dreams of attending college will not be possible because they are not eligible for financial aid.

To be eligible for federal financial aid, as explained by the Federal Student Aid Handbook, a student must be a citizen of the United States, a permanent resident, or other “eligible noncitizen.” But many documented and undocumented immigrants do not meet this definition. They are never afforded the opportunity to attend school because it is too costly without loans.

I have a client named Ryan (his name has been changed to protect confidentiality). He has lawful status in the United States, and he is a top performer. He is at the top of his high school class. But he has just learned that he is ineligible for financial aid because, according to the federal guidelines, he is not an “eligible noncitizen.” He is stunned.

He had been thrilled to learn that he had been accepted to his top school choice, a private college in North Carolina. I met with Ryan in his senior year of high school to help him apply for his green card. After submitting his application, he called to say that the school in North Carolina was asking him a lot of questions about his status. Finally, the school told him he would not get financial aid. He called me, and he was sad. He said that he could not attend this school because it was too costly. When I called the financial aid department, I explained that Ryan has lawful status in the United States and that he had applied for his green card. I was told that a pending application is not sufficient for financial aid purposes. They said he was not an “eligible noncitizen.” They said that it was rare that a noncitizen qualified. After reading about the eligible noncitizen category, I understood why it was rare. The list of eligible noncitizens is not very long.

Immigration law is a hot topic now in the United States. There is so much discussion about how immigration affects our economy and the availability of jobs, among other things. But in this discussion, we should not forget about our children and access to education. We should take measures to ensure that everyone can be a contributing member of our society. The first step should be to increase access to higher education for immigrants who do not currently qualify as “eligible noncitizens.” Students, like Ryan, who will now be attending community college in the fall, should have the opportunity to pursue the life they hoped for.

Blog post by Elizabeth Ahmadi, AmeriCorps Attorney at Lutheran Social Services.

Safe Driving Bill Will Make Us Safer

Although national immigration reform is in a bit of a stalemate, immigrants and advocates from Massachusetts are hopeful about a shift in policy that may open doors for undocumented immigrants and increase safety for all. The ‘Safe Driving Bill,’ officially H 3285, calls for the Joint Committee on Transportation to discard the requirements of a social security number as a prerequisite for a state-driving license.[1] This would allow undocumented immigrants to qualify for driver’s licenses. Supporters of the bill believe it will not only provide opportunity for immigrants in Massachusetts, but will enable safer roads with more regulation of drivers and a greater number of insured drivers.

The bill has drawn attention from state officials, particularly gubernatorial candidates Martha Coakley and Steve Grossman. This past ,Tuesday Coakley, the state’s Attorney General, announced in a press release she is open to the discussion of valid driver’s licenses for undocumented immigrants. Coakley’s decision to speak out comes after receiving a highly publicized letter from State Treasurer Grossman. The letter presses Coakley to support the Safe Driving Bill, citing public safety as the primary concern.[2] According to Coakley’s administration, the Attorney General’s earlier opposition was out of faith in national immigration reform that may eradicate such issues. Slow progress in the national immigration debate, however, has prompted Coakley to reconsider.

Further attention was devoted to the bill on Wednesday, March 5^th, in a press conference at the State House, where over 300 Massachusetts residents came together.[3] Bill supporters were led by the Safe Driving Coalition, a coalition of over 50 different organizations across the state of Massachusetts. Organizations continue to mobilize citizens through online campaign pages, providing the names and phone numbers of the Senate and House of Representatives so Massachusetts residents can put pressure on their local legislatures.

Advocates of the bill believe that it will increase the number of insured drivers that have passed the necessary driving tests. Carly McClain, a resident of Massachusetts that was struck by an immigrant without a valid license, agrees the bill will create safer driving conditions for everyone. McClain spoke in support of the bill at Wednesday’s press conference. A representative of the Registry of Motor Vehicles spoke at the press conference about the economic benefits of the bill. The Registry estimates passing the bill will bring in nearly $15 million in registration fees and other charges initially, with an additional $7.5 million every 5 years for renewal fees.[4] To support the Massachusetts Safe Driving Bill, please sign the petition online: http://www.change.org/petitions/i-need-to-drive-my-daughter-to-the-hospital-pass-the-safe-driving-bill.

 

 

[1]Farley-Bouvier, T., & Jehlen, P. D. (2014, March 14). Bill H.3285: An Act relative to safe driving. Retrieved from 188th General Court of the Commonwealth: https://malegislature.gov/Bills/188/House/H3285

[2] Murphy, Matt. Martha Coakley open to idea of driver’s licenses for undocumented immigrants. 12 March 2014. <http://www.masslive.com/politics/index.ssf/2014/03/martha_coakley_open_to_idea_of.html&gt;.

[3] Monahan, John J. “Proposal for Mass. driver’s licenses for immigrants living here illegally draws fierce debate.” 05 March 2014. Telegram & Gazette. 14 March 2014.

[4]Sacchetti, Maria. “Driver’s licenses for illegal immigrants backed.” 06 March 2014. The Boston Globe. 16 March 2014.

Blog post by Samantha Vadakin, Legal Intern at Lutheran Social Services.