Processing And Outcomes Of Special Immigrant Juvenile Status In Los .

Processing and Outcomes ofSpecial Immigrant JuvenileStatus in Los AngelesCecilia Saco, MSWDepartment of Children and Family ServicesSpecial Immigrant Status Unit

Overview Statistics indicate that more immigrants and theirchildren will come into contact with social servicesystems Immigrants bring with them a number ofchallenges not faced by their native-borncounterparts - immigration status being one ofthem When immigrant children come into contact withchild protective services, there is a uniqueopportunity to seek legal permanent residencyfor the child if the child is undocumented

Immigration Terms USCIS is Citizenship and Immigration Services(previously known as INS); starting in 2003 CIShandles immigration services as part of DHS(Department of Homeland Security) Under DHS, ICE is Immigration and CustomsEnforcement and CPB is Borders and CustomsProtection US Citizen, a person born in the US (includespersons born in Guam, Puerto Rico, or the USVirgin Islands) or naturalized

Immigration Terms Lawful Permanent Residents (LPR) is a personwho obtains legal status in the US. Also knownas “green card” holder Undocumented person refers to people with nolegal status (also know as illegal alien) SIJS, VAWA, U-Visa, T-Visa, Asylum, TPS, areforms of immigration relief PRUCOL is Permanent Resident Under theColor of Law filed with USCIS by child welfareagencies to secure state funding to cover cost offoster care for undocumented children

Special ImmigrantJuvenile Status (SIJS)SIJS is a federal law that allows certainundocumented children obtaining lawfulpermanent resident statusSection 101(a)(27)(J) of the Immigration &Nationality Act, 8 U.S.C. §1101(a)(27)(J)8 C.F.R. § 204.11

Eligibility for SIJS (1990)Under 8 C.F.R. § 204.11 the child must be: Under 21 years of age and unmarried Has been declared a dependent upon ajuvenile court in the US under WIC 300 or 600 Reunification of the child with one or both of theparents has been deemed not viable Continues to be dependent upon a juvenilecourt Has been the subject of judicial proceedings inwhich it has been determined that it would notbe in the child's best interest to be returned tothe country of nationality

New Changes underTVPRA 2008 The enactment of the William WilberforceTrafficking Victims Protection ReauthorizationAct of 2008 (P.L. 110-457; “TVPRA”) signed intolaw on December 23, 2008 clarifies andexpands the definition of SIJS The TVPRA eliminates the “eligible for long-termfoster care” language for Special ImmigrantJuveniles The TVPRA expands the Special ImmigrantJuvenile definition to allow for a juvenile court toconsider family reunification with one or both ofthe child’s parents

New Changes underTVPRA 2008 The TVPRA mandates the expeditiousadjudication of SIJS applications (within 180days of the filing date) The TVPRA creates specific waivers to variousgrounds of inadmissibility for SIJS applicantsseeking adjustment (public charge, presentwithout admission or parole,misrepresentation/fraud, stowaway, lack of validentry documentation, and unlawful presence

The SpecialImmigrant Status Unit Specialized Unit within Los Angeles CountyDCFS dedicated to the processing of SpecialImmigrant Juvenile Status (SIJS) applications onbehalf of qualifying undocumented children Unit provides countywide services Unit serves 19 DCFS regional offices, includingAdoptions Unit has its own budget Unit of social workers and eligibility workers

The Special ImmigrantStatus Unit Unit members are bilingual and bicultural Unit has its own written policy and procedures DCFS management supportive of Unit’s missionand goals Unit has working agreements with USCIS Unit has working agreements with localConsulates Unit has agreements with Edelman’ s Children’sDependency Court/Office of the County Counsel

The Special ImmigrantStatus Unit Started in 1987 with the name of “AmnestyUnit” filing 400 Amnesty applications after theenactment of the Immigration Reform andControl Act of 1986 (IRCA) (Pub. L. 99-603,Nov. 6, 1986, 100 Stat. 3359) Adopted the name of “Special ImmigrantStatus (SIS) Unit” It has been processing SIJSapplications since 1991 after the enactment ofINA 101(a)(27)(J)

Processing of SIJSapplications at the SIS Unit Referral ProcessDetermining eligibility for SIJSPreparing SIJS packetsFiling with USCISHandling of USCIS appointmentsHandling of special casesInterviews with USCISHandling of pending casesSIS statistics/logs updates

SIJS Referral Process Relies mostly on referrals received by DCFSsocial workers Receives referrals from attorneys from theChildren’s Law Center of Los Angeles, CASAworkers, FFA and group home social workers,and occasionally from foster parents SIS Unit has own tracking system (Child WelfareSystem/Case Management Services also knownas CWS/CMS demographics page, PRUCOL,General Relief Ineligibility or GRI) and generatesadditional referrals

SIJS Referral Process The SIS supervisor screens all referrals usingCWS/CMS (looking for child’s legal history,family history, identifying relatives, andsignificant persons in the child's life) Accepted referrals are assigned to a legalizationworker for processing Rejected referrals are re-directed or kept forperiodic re-assessments All referrals (including the rejected ones) arerecorded in a log kept by years (i.e. SIS ReferralLog 2008)

SIJS Referral Process Support staff sends letter to social workerverifying receiving referral and informing steps tofollow, including timeframes and legalimplications Letter to child’s foster parents informing of stepsinvolved in the legalization process and askingfor support (taking child for their photos and fortheir immigration physical exam, andtransportation to all appointments) Letter to child’s Dependency attorney, informingof the SIJS processing for his/her client

Determining eligibility forSIJS Legalization worker gathers the child’s legalhistory from Dependency court reports viaCWS/CMS (sustained petition, detention report,jurisdiction/disposition report, status reviewreports, and minute orders) Legalization worker pulls the placement historyfrom CWS/CMS Legalization worker interviews the child,caregiver (if appropriate), and/or contacts thesocial worker to gather immigration history, anddelinquency history

Determining Eligibility forSIJS Legalization worker translates the birthcertificate and verifies legal name of the childand birth date to match the Dependency andDCFS legal records When discrepancies are found, legalizationworker informs the social worker to take theproper steps to correct any errors (withDependency Court and DCFS) Legalization worker completes all immigrationapplications electronically

Determining Eligibility forSIJS Submits all JV-224 forms to the office of theDependency Court/Court Liaison with a walk onreport requesting approval for every referral onmonthly basis (processing time is one week) Submits requests for immigration fees to DCFSFinance section (for child 13 and under is 930,for child 14 and over is 1010) (processing timeis three or four weeks) Submits cover letters for signature by DCFS/SISregional administrator

Determining Eligibility forSIJS Legalization worker or support staff picks upphotos, and sealed medical results from SIS Unitvendors Legalization worker picks up immigration feeschecks from DCFS Finance section Legalization worker picks up the approved JV224 from the Dependency Court/Office of theCourt Liaison

When legal issues are atstake Supervisor re-interviews the child and/orcaretaker (if appropriate) Supervisor consults with the case CountyCounsel, child’s Dependency attorney, and/orwith an immigration attorney from one of thecommunity partners’ agencies if necessary Supervisor decides if requesting FOIA isnecessary Supervisor decides if proceeding further withSIJS application is appropriate

Preparing SIJS applicationpacket Legalization worker prepares a photo ID foreach child Completes the following USCIS forms: I-360 Petition for Amerasian, Widow(er), or SpecialImmigrant I-485 Application to Register Permanent Resident orAdjust Status G-325A Biographic Information (minor’s 14 and over) WR-702 Processing Sheet

The Final SIJS applicationpacket Check with filing feePhotosCover letterJV-224Case summaryCurrent minute order USCIS I-360USCIS I-485USCIS G-325AUSCIS WR-702Birth certificate andtranslation

Filing the SIJS applicationpacket SIJS packets for the month are sent to: U.S.Citizenship and Immigration Services P.O. Box805887, Chicago, IL 60680-4120 via certifiedmail Special cases may be submitted in person at theUSCIS Los Angeles office (District 23) USCIS Los Angeles receives the filing packetsfrom Chicago and mail the SIS Unit ReceiptNotices, I-797C Biometrics Appointment, G-56Adjustment of Status Appointment (Interview)

Handling of USCISAppointments Legalization worker notifies foster parents andsocial workers via US mail of biometricsappointment and follow up with phone call toconfirm minor will attend his/her appointment Legalization worker meets foster parents andchild at the biometric facility and assist them withthe process Legalization worker explains to child and fosterparents the steps of the upcoming USCISinterviewing process

Handling of SpecialCases SIS Unit supervisor finds pro bono immigrationrepresentation for children with pending removalproceedings (informs Dependency attorney andCounty Counsel) Arranges/coordinates transportation of childrenwith special needs SIS Unit supervisor handles cases wherechildren have dual supervision with Probation orGuardianship from Probate Court

USCIS Interview Legalization worker notifies foster parents andsocial worker via US mail of the USCIS interviewappointment and follow up with phone call toconfirm minor will attend his/her appointment Legalization worker meets foster parents andchild for his/her appointment and represents thechild during the interview. SIS Unit supervisorassists with process as needed Legalization worker provides the USCISinterviewing officer with child’s Medical Exam I693 & Supplemental Exam, photo ID and assistswith Spanish/English translation when needed

Handling of PendingCases Over half of SIJS cases are approved during theUSCIS interview Pending cases include children who miss theUSCIS interview, who may have arrest records,pending medical follow ups, or who are inremoval proceedings Legalization worker and/or supervisor notifiessocial worker of required documentation andtimeframes

SIS Unit Statistics/Logs SIS Unit statistics and logs keeping providescontrol over SIJS eligibility, justifies changes inDCFS policy and procedures, and provesprogram effectiveness Effective manner to keep accurate accounts withSIS Unit vendors Easier way to provide responses to stakeholders Can document SIS Unit accountability withDCFS

Other Services Provided bythe SIS Unit Replacing lost or stolen “green cards” Filing of US citizenship for qualifying children Change of name on “green card” when child isadopted out Filing of certificate of citizenship for childrenadopted by at least one US citizen parent Obtaining original birth certificates from localConsulates Assisting children unable/having difficulties inobtaining a SS card or California ID

Other Services Provided bythe SIS Unit Identifying DCFS immigrant children or parentswho may qualify for VAWA, U-Visa, T-Visa,Asylum, or TPS, and referring them tocommunity immigration agencies for processing(pro bono basis) under DCFS policy 1200-500.86 SIS Unit supervisor is the authorized person tosign U-Visa Certifications for DCFS cases in LosAngeles County

Challenges and Responses Requesting waivers with USCIS causes delaysof SIJS applicationsResponse: the SIS Unit has its own budget/paysall immigration fees on behalf of children Contracting translation services is expensiveand delays SIJS applicationsResponse: the SIS Unit do its own translations;all SIS staff is bilingual and bicultural Children do not have a photo ID (required)Response: the SIS Unit issues ID for children