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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/23/2021 - MUNICIPAL IMMIGRATION LEGAL FUNDDATE: STAFF: March 23, 2021 JC Ward, Senior Planner Caryn Champine, Director of PDT WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Municipal Immigration Legal Fund. EXECUTIVE SUMMARY The purpose of this work session item is to provide Council with information requested on the need for immigration legal services in Fort Collins, existing municipal immigration legal fund implementation and funding models, and alignment of potential solutions with our community -specific needs. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What feedback does Council have regarding the research and unmet needs assessment for immigration legal serv ices in Fort Collins? 2. What next step would Council like Staff to pursue regarding a municipal immigration legal fund for Fort Collins residents? BACKGROUND / DISCUSSION As Council has acknowledged, fear and uncertainty due to immigration status and lack of due process can impact overall community safety, equity, and livability. While immigration policy and enforcement are controlled by the federal government Council noted in the 2020 Legislative Policy Agenda that “issues pertaining to civil rights at the United States’ borders and immigration law more broadly have wide impacts that can directly impact the day - to-day life of Fort Collins residents.” Council’s Resolution 2019 -100 details concerns that fear resulting from federal immigration law and enforcement policies could discourage Fort Collins residents from engaging with safety personnel, Police Services, and other City departments to access services and resources. Fort Collins has an immigrant community of more than 11,000 people or 6.8% of the tota l population. Approximately 4,500 Fort Collins residents are currently not United States citizens. 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen immigrants are estimated to be undocumented and at risk for detention and deportation. 15% of children in Fort Collins live with at least one immigrant parent and 75% of these children are themselves United States citizens. In December 2020, there were 418 Larimer County residents with pending immigration deportation proce edings, 83 of whom lacked legal representation. Many people in deportation proceedings have valid legal claims to remain in the United States but cannot effectively assert those claims or gather necessary evidence without legal representation. Any non-citizen including lawful permanent residents, refugees, and people who entered legally on visas can be placed in deportation proceedings. Immigrants are 10.5 times more likely to be able to lawfully remain in the U.S. when they have legal representation. There are 42 municipalities in the U.S. that have some form of immigration legal assistance to assure due process and equity so that inability to afford an attorney is not a determining factor in the ability to lawfully remain in the United States. Fort Collins lacks available pro bono or low-cost legal advice and assistance for cases related to extension of visas, DACA renewal, citizenship, or legal permanent resident applications. There is one immigration attorney practicing in Fort Collins and, although comm unity partners provide assistance for immigrants, no organizations currently provide pro bono or low-cost immigration legal defense and advice for Fort Collins residents. There are March 23, 2021 Page 2 2,963 Northern Larimer County residents eligible for immigration relief nee ding low-cost or pro bono legal services to pursue lawful paths to citizenship. Best practices from other municipal immigration legal fund delivery models include legal services that meet the most urgent needs, reach the greatest number of impacted communi ty members, and build trust in the immigrant community through ongoing self -advocacy and program support. In Fort Collins, those services have an estimated funding need of $145,000 -$380,000 annually based on the service levels and number of cases that woul d be provided to the community. Strategic Alignment • Strategic Outcome - Neighborhood Livability & Social Health 1.4 Advance equity for all, leading with race, so that a person’s identity or identities is not a predictor of outcomes. • Strategic Outcome - Economic Health 3.2 Understand trends in the local labor market and work with key partners to grow diverse employment opportunities. • Strategic Outcome - Safe Communities 5.1 Improve overall community safety while continuing to increase the level of public trust and willingness to use emergency services. • Strategic Outcome - High Performing Government 7.3 Improve effectiveness of community engagement with enhanced inclusion of all identities, languages and needs. • 2020 Legislative Policy Agenda - Immigration and National Border Conditions 1. Supports the humane treatment of persons who are detained by Immigration Officials and the rapid resolution of legal proceedings to determine their status; 2. Supports a pathway to legal immigration into the Uni ted States that is sustainable in the long term. • City Council Resolution 2019-100 re: The Immigration Crisis at the Southern Border of the United States and its Impact on the Fort Collins Community • Social Sustainability Strategic Plan (2016) - Equity and Inclusion Theme B1.2.b Research existing partner and community programs to help inform refugee and immigrant populations of their legal rights and responsibilities; seek opportunities to create programs where none currently exist. Immigration policy, enforcement, and adjudication are under federal jurisdiction, but as Council noted in the 2020 Legislative Policy Agenda, “issues pertaining to civil rights at the United States’ borders and immigration law more broadly have wide impacts that can directly affect the day -to-day life of Fort Collins residents.” Resolution 2019 - 100 and Community Trust Initiative outline additional concerns that fear resulting from federal immigration law and enforcement policies could discourage Fort Collins residents from en gaging with safety personnel, Police Services, and other City departments to access services and resources. This lack of engagement could discourage people from obtaining emergency assistance or reporting crimes, and ultimately interfere with obtaining an accurate count of people living in Fort Collins, putting at risk the City’s accurate representation in Congress and in the Colorado General Assembly, as well as federal funding. These local impacts on safety, equity, and livability led 42 municipal government entities across the United States to create immigration legal defense programs. Challenges for Immigrant Communities Fort Collins lacks available pro bono or low-cost legal advice and assistance for cases related to extension of visas, DACA renewal, citizenship, or legal permanent resident applications. There is one immigration attorney practicing in Fort Collins and although community partners are providing assistance for immigrants, no organizations currently provide pro bono or low-cost immigratio n legal defense and advice for Fort Collins residents. 2,963 Northern Larimer County residents are eligible for immigration relief and need low -cost or pro bono legal services to pursue lawful paths to citizenship. • Deportation proceedings are the only l egal proceedings in the United States where people are detained without access to legal representation. Because deportation is considered a civil rather than criminal penalty, immigrants facing removal are not protected by the Sixth Amendment “right to counsel” in place for criminal defendants. Every immigrant in a deportation hearing is confronted by a government prosecutor advocating for their deportation and is not entitled to representation even if they are in the most vulnerable categories like children, detainees, or asylum seekers. March 23, 2021 Page 3 • A common misperception is that deportation proceedings are only for undocumented immigrants. In fact, any non-citizen including lawful permanent residents, refugees, and people who entered legally on visas can be placed in deportation proceedings. • Increases in economic hardship, food insecurity, and housing instability are associated with deportation of a family member. In Colorado, families lose 30% of their income when an individual is detained or deported. Colorado immigrants in detention lose $3.9 million in earnings per year. • According to the Colorado Fiscal Institute, “Every dollar spent by an immigrant family generates $1.60 in local economic activity.” The $3.9 million in earnings lost by immigrant families due to detention equals $6.2 million lost by Colorado’s local economies each year. • There is currently one immigration attorney practicing in Fort Collins. • Although community partners are providing a wide spectrum of assistance for immigrants, organizatio ns and attorneys taking on pro bono immigration cases currently provide limited pro bono or low -cost immigration legal defense and advice for Fort Collins residents. This assistance does not meet the need for local, immigration legal services. • No statewide pro bono or subsidized immigration legal defense is provided in Colorado. Currently, the State of Colorado does not provide legal services or support for immigration cases and proposed legislation to create an immigration legal fund will still be insuf ficient to meet the needs of Colorado immigrants. The Colorado Legislature is considering HB21 -1194 to create a statewide immigration legal defense fund. However, the fund would be limited to providing legal representation for detention -deportation cases. If approved, the anticipated funding level is unlikely to meet 100% of the overall need for all Colorado residents. Advocates for the Fort Collins immigrant community say the solution is not exclusively federal or state or local but requires the additive c ombination of funding and policy change at all levels. Attachment 1 provides additional information on the immigration process, associated costs, and timelines. Current Conditions in Colorado In 2019 the Department of Homeland Security adjudicated 8,500 immigration deportation cases in Colorado. Sixty -five percent of immigrant detainees in those cases did not have legal representation. In Colorado in 2020, 2,154 children faced immigration court deportation proceedings and 61% of these children did not ha ve access to legal representation. Unfortunately, those without representation are much more likely to be detained while awaiting their hearings and to eventually be deported. Being represented by an attorney helps immigrants return to their families, jobs , and communities more quickly and keeps them there while their case is awaiting the deportation hearing. Immigrants are 10.5 times more likely to be able to remain in the United States when they have legal representation. Immigrants are 3.5 times more lik ely to be released on bond while awaiting trial if they have access to legal counsel. The direct and indirect effects of detention and deportation harm employers, communities, and Colorado’s economy. The negative impacts of detention and deportation on in dividuals, their families, and their community range from negative emotional and mental effects on children to economic loss from the absence of a breadwinner. It is extremely costly for employers to replace immigrant workers with little to no notice. In C olorado, employers of workers earning less than $30,000 per year expend roughly 16% of the employee’s wages to replace them. Providing universal legal representation would allow more immigrants to remain in Colorado and on the job, thereby reducing costly disruption and expense for employers. Immigrants in our Congressional District contribute $172.4 million in state and local taxes and more than $406 million in federal taxes. When a provider is detained, state and local governments also lose over $350,000 in tax revenue for critical public services and infrastructure. Current Unmet Need for Immigration Services in Fort Collins In the Fort Collins 2020 Legislative Policy Agenda, Council indicated support for the humane treatment of immigration detainees, rapid resolution of legal proceedings to determine their status, and pathways to legal immigration into the United States. The City also affirms its commitment as an organization to equity, inclusion, and diversity through the articulated Equity Statement an d Social Sustainability Strategic Plan. City Leadership March 23, 2021 Page 4 acknowledges “the role of local government in helping create systems of oppression and racism and are committed to dismantling those same systems in pursuit of racial justice.” A coalition of regional service providers believes that helping to establish pro bono and low-cost legal services in Fort Collins is a key part of building equity and trust. Demographics - General In addition to the absence of critical representation for detained immigrants aw aiting hearings, legal advice and assistance are lacking in Fort Collins for cases related to extension of visas, DACA renewal, citizenship, or legal permanent resident applications. The lack of affordable legal services and representation is considered th e biggest barrier to successful integration for immigrants in Fort Collins by local service providers. This unmet need creates significant challenges to our unauthorized and partially documented immigrant community members, including financial and emotional instability; lack of access to health care, stable housing, higher education, and meaningful work; and a cycle of poverty. • Fort Collins has an immigrant community of more than 11,000 people or 6.8% of the total population. • Approximately 4,500 resid ents are currently not United States citizens: 2,200 residents are eligible for naturalization and the remaining 2,300 non-citizen immigrants are estimated to be undocumented and currently at risk for detention and deportation. • 2,963 Northern Larimer County residents are eligible for immigration relief and need low -cost or pro bono legal services to pursue lawful paths to citizenship and presence. • As of December 2020, there were 418 Larimer County residents with pending immigration deportation proceedings initiated by Department of Homeland Security, 83 of whom lacked legal representation. The Larimer County case numbers and unrepresented immigrants in detention as of December 2020 are almost double the 2019 case numbers. • An August 2020 poll of imm igrant residents in Fort Collins had 162 respondents of which 70% reported their unmet need for immigration attorney services. 49% of respondents cited the high cost of immigration legal services as the primary barrier to access, 36% could not find informa tion on local legal services, and 39% did not think their current status had a pathway to citizenship. Demographics - Children Because of valid concerns about disclosure of immigration status to federal government agencies, state and local relief and assistance programs are increasingly filling the gap in those services to assure that all children and families can meet basic needs. • 15% of children in Fort Collins live with at least one immigrant parent and 75% of these children are themselves United Stat es citizens. • “Mixed status” families, where one or more family member is undocumented, can face uncertainty due to inconsistent federal policy. Children who are United States citizens did not receive the first round of COVID - 19 economic stimulus benefit s if even one parent was undocumented. The second round of those benefits could be accessed by the children if one parent is lawfully present, but not if both parents are undocumented. • Locally, undocumented parents (even those with citizen children) ind icate a reluctance to allow their citizen children to enroll in or access programs like Supplemental Nutrition Assistance (SNAP) Program, Medicaid, or Section 8 housing vouchers out of fear that the parent’s future application for citizenship would be nega tively impacted. • In the Poudre School District, there are 54 students who arrived in the United States as unaccompanied minors seeking asylum because they are unable to return to their countries of origin due to threat of death or imminent harm. These s tudents could remain in the United States through Special Immigrant Juvenile Status (“SIJS”) and later adjust their status to lawful permanent resident if they apply before the child’s 21st birthday. Processes for both SIJS and Adjustment of Status are com plex, require payment of multiple fees or March 23, 2021 Page 5 applications for fee waivers at varying points in the process, and have strict deadlines. • In Fort Collins, the Interfaith Solidarity And Accompaniment Coalition (“ISAAC”) has successfully assisted 12 Fort Collins youth through these processes and established relationships with local attorneys who can provide these services. Ultimately, costs of application, legal fees, and age may determine whether any of these children can safely remain in the U.S. • Abused, neglected, and abandoned children in any other court system in the United States are entitled to legal representation as well as a Guardian ad Litem to assess the best interests of the child. Children in immigration proceedings have no right to legal counsel , Guardian ad Litem evaluation, or adult supervision during detention or hearings. Peer City Municipal Immigration Legal Funds - Program Design Local government entities are increasingly creating and expanding immigration defense funds. 42 municipalities i n the United States currently have some form of immigration legal assistance to assure due process and equity so that inability to afford an attorney is not a determining factor in the ability to lawfully remain in the United States. Public-Nonprofit Partnerships Of the 42 municipal immigration legal funds, 39 are public -nonprofit partnerships with municipal oversight which are dispersed through competitive grant processes to qualified, local immigration legal service providers. Twenty - nine distribute funds through municipal purchasing or grant processes. Coordination of the work of multiple grant recipients for municipal immigration legal funds is often part of the scope of work for one of the external grant recipients. Ten municipal immigration legal f unds work with a community foundation that coordinates distribution of the funds, contracts with service providers, and reports annually to the municipality. Public Defender’s Office Units Some large metropolitan areas like San Francisco and Chicago init ially began immigration legal defense funding by establishing units inside their existing Public Defender’s Office dedicated to detention and deportation defense. Most have now evolved into the municipality funding not only Public Defender positions, but a lso community partner-delivered education, outreach, affirmative case assistance, and legal advice clinics. City/County Employee Coordinator Dane County, Wisconsin is the only municipality that created a municipal staff position to coordinate the immigration legal defense fund and associated projects from their Department of Human Services. The county Immigration Affairs Coordinator is a social worker who provides holistic case management, family support, and coordination of outside legal services. Student Law Office Clinics and Fellows In addition to funding a county staff member and one local immigration attorney, Dane County also funds a portion of the student law office immigration clinic at the University of Wisconsin to offer pro bono immigration leg al representation and advice. The state of New York offers a unique service delivery model with funding assistance from New York University and the Vera Institute of Justice, this immigration legal defense fund co -locates law school graduate fellows with legal aid programs throughout the state. March 23, 2021 Page 6 Peer City Municipal Immigration - Funding The table below provides comparative information on funding and sources for immigration legal funds for Fort Collins’ peer cities as well as municipalities with similar per centages of immigrant community members to that of Fort Collins. Fort Collins has an immigrant community of more than 11,000 people or 6.8% of the total population. The Fort Collins Metropolitan Statistical Area has an immigrant community of more than 19,0 00 people or 11.4% of the total population. March 23, 2021 Page 7 Service Levels and Delivery Model Options for the City of Fort Collins Estimates for funding levels to provide effective pro bono or low -cost immigration legal services to residents of Fort Collins were determined by demographic analysis and current unmet need; data, regional service costs, and subject matter expertise from local and regional community partners on inputs necessary to build and support local capacity for these services; and comparative se rvice levels, outcomes, and costs from cities with existing municipal immigration legal funds. Best practices demonstrated by effective municipal immigration legal funds and modeled by the Vera Institute of Justice’s ‘Safety & Fairness for Everyone’ Initi ative offer wrap -around, holistic services to meet the most urgent needs, reach the greatest number of impacted community members, and build trust in the immigrant community through ongoing self -advocacy and program support. The majority of municipal immig ration legal funds include these free and low-cost elements: • Direct legal representation for the lifecycle of immigration cases; • Emphasis on legal services for deportation and detention cases; • Support for legal pathways to citizenship; • Scholarships or subsidized application and renewal fees for affirmative cases like DACA, SIJS, Visa Renewals, Adjustment of Status for LPR, U Visas, and Family Reunification; • Legal advice and consultations through legal clinics; • Know Your Rights Trainings in detention centers and embedded in local immigrant communities; • Education and outreach that includes leadership and empowerment training to improve self -advocacy; • Focus on outcomes -based program metrics (program accomplishments like improvements in community safety) rather than output -based metrics (participant numbers or number of cases resolved); and • Program coordinator housed in a local nongovernmental organization. Potential future success of these elements in our community is further indicated by the o utcomes of the successful City of Fort Collins Eviction Legal Fund 2020 pilot, which used a similar model and employed direct legal representation, education and outreach, self -advocacy empowerment, and community partner leadership to reach residents and l andlords in need of assistance with eviction prevention. A successful municipal immigration legal fund in Fort Collins would include some form of the above -referenced effective elements with the delivery model determined through continuing collaboration with legal services providers, community partners, members of the immigrant community, and economic stakeholders. The difference in the funding options below is the level of service that could be provided with each annual funding amount. Each option includes a full-time program coordinator position employed by a partner organization rather than the City of Fort Collins to increase community trust and avoid putting the City in the position of providing direct legal services. Optimally, the coordinator rol e would be staffed by someone with paralegal experience and the potential to assist with program fundraising at the lower funding levels. The estimated unmet need for Fort Collins Detention/Deportation cases is 75 -100 per year, SIJS cases is 100 per year, and affirmative cases (DACA, LPR, Naturalization) is 400 per year. Annual Funding Level # Detention/Deportation Cases per year SIJS Cases per year* Affirmative Cases - DACA, LPR, Naturalization per year* $380,000 20 25 100 $220,000 10 10 50 $145,000 10 4 OR 25 Affirmative Cases (funding level does 25 OR 4 SIJS Cases (funding level does not support both) March 23, 2021 Page 8 not support both) *Unmet need in Fort Collins is estimated for 2021 and may be higher due to reluctance of immigrant community members to identify themselves and their need for services for use by a governmental entity in this analysis . POTENTIAL PARTNERS FOR FORT COLLINS MUNICIPAL IMMIGRATION LEGAL FUND Vera Institute of Justice The Vera Institute of Justice provides matching funds to municipal immig ration legal funds for deportation defense through the SAFE Initiative catalyst grants of up to $100,000, the community seed grants of $15,000 to $30,000, and in-kind infrastructure support. Municipalities partnering with the Vera Institute of Justice rece ive training and technical assistance for legal service providers, program evaluation and reporting of metrics, streamlined program administration, strategic support in communications and outreach, and connection to a national movement for due process, universal representation, and community -led advocacy. The Vera Institute of Justice is an important partner for the City and County of Denver’s immigration legal fund and has worked closely with City staff over the past five months to provide valuable information and guidance for our research. Student Law Office Clinics The University of Colorado Law School and University of Denver College of Law offer immigration clinics through their student law offices that are funded by the institutions. Both clinics off er no cost, law student representation, consultation, removal defense, and advising on detention/deportation and DACA cases. At their current funding levels, neither can expand services to represent immigrants from the Fort Collins community. Rocky Mountain Immigrant Advocacy Network The Rocky Mountain Immigrant Advocacy Network (“RMIAN”), a Colorado nonprofit organization serving low - income adults and children in immigration proceedings, also provides legal representation, Know Your Rights training sessions, and legal clinics for immigrants in detention in Aurora. RMIAN promotes knowledge of legal rights, provides effective representation to ensure due process, and works to improve detention conditions under a universal representation model, selecting cas es based on the need of the client and capacity of attorneys, not likelihood of winning. RMIAN employs immigration attorneys and works with a network of pro bono attorneys to provide these services. Additional funding would be necessary for RMIAN to build capacity necessary to provide representation specifically for Fort Collins residents. Engagement The Project Team would like to sincerely thank the community partners for their contributions, patience, and openness in supplying valuable data, connections, and anecdotal information on the unmet needs of the Fort Collins immigrant community. Because of the understandable reluctance of undocumented immigrants to self - identify and open themselves and their families to the risk of deportation, staff worked with local and statewide advocacy groups with existing relationships with Fort Collins immigrants to conduct a local needs assessment, research existing and projected conditions in Larimer County for the immigrant community, analyze other municipal immigration fund program and budget models, and conduct public engagement. We appreciate the community partners who worked directly and indirectly with the Staff Team: Alianza NORCO, Colorado Immigrant Rights Coalition (CIRC), Interfaith Solidarity And Accompanimen t Coalition (ISAAC), Rocky Mountain Immigrant Advocacy Network (RMIAN), Fuerza Latina, Catholic Charities, BIPOC Alliance, Foothills Unitarian Church Community Dreamer Fund, Mujeres de Colores, CSU Dreamers United, La Cocina, Vera Institute of Justice, Uni versity of Colorado Law School and Dr. Violeta Chapin, The Denver Foundation, Denver Councilmember Jamie Torres, and BakerRipley (Immigration Fund Manager in Harris County, Texas). ATTACHMENTS 1. General Immigration Process: Background , Costs and Timelines (PDF) 2. Powerpoint Presentation (PDF) General Background, Costs, and Timelines Immigration & Federal Process Immigration has long been a source of demographic revitalization, cultural enrichment, and innovation for our country.0F1 Immigration boosts economic growth and raises the general productivity of the American workforce by providing much-needed skill and intellectual capital. Immigrant workers allow crucial sectors of the economy to expand, which attracts investment and creates additional employment opportunities for all Americans. The world becomes more interconnected through cultural exchange and shared experiences, fostering global progress on human rights causes. Lawful Entry into the US Legal entry into the U.S. for foreign-born non-citizens requires a valid visa issued to the immigrant or visitor by the federal government prior to stepping onto U.S. soil.1F2 Visa categories include temporary tourist, education, work, and immigration.2F3 Immigration visas are issued to potential permanent immigrants who are either: related to American citizens, qualified priority professionals with special skills, asylum seekers, or winners of the “diversity” lottery. Each of these immigration visa categories has annual limits on the number issued, although the caps can change based on the federal administration.3F4 The United States currently allows up to 675,000 permanent immigrant Visas each year across various categories.4F5 Additional permanent immigrants are granted lawful entry through the Refugee Resettlement Process, which also has annual caps.34 Visa applications and renewals have varying filing fees and though the price varies widely, average approximately $4,000 in attorney costs. Citizenship through Naturalization It is impossible to apply for U.S. citizenship through the naturalization process without first becoming a Lawful Permanent Resident (“LPR”), usually requiring lawful initial entry into the country.5F6 Once a person obtains a permanent immigrant visa and comes to the United States, they obtain Lawful Permanent Residency, or become a LPR-holder. In some very limited circumstances, non-citizens already inside the United States can obtain LPR status through a process known as Adjustment of Status. People with Lawful Permanent Residency are permitted to work and live permanently in the United States.6F7 After residing in the U.S. for five years, people with Lawful Permanent Residency are then eligible to apply for citizenship. The naturalization process takes approximately two years (after eligibility is attained). The cost is $725 in filing fees, which are nonrefundable regardless of the outcome, and attorney’s fees of $500-1,200 per person per application. Lawful Presence through Special Circumstances Victims of trafficking and violence may remain in the U.S. under a temporary non-immigrant visa, the U Visa.7F8 U Visas protect non-citizens who have been the victims of certain crimes and who have aided law 1 https://www.cato.org/publications/commentary/immigrants-have-enriched-american-culture-enhanced-our- influence- world#:~:text=Successive%20waves%20of%20immigrants%20have,edge%20in%20the%20world%20economy 2 https://www.usatoday.com/pages/interactives/graphics/deportation-explainer/ 3 https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html 4 https://www.uscis.gov/ 5 https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system- works#:~:text=The%20overall%20numerical%20limit%20for,less%20than%20140%2C000%20each%20year. 6 https://www.justice.gov/eoir/page/file/eoir_an_agency_guide/download 7 https://www.dhs.gov/immigration-statistics/lawful-permanent- residents#:~:text=Lawful%20Permanent%20Residents%20(LPR),- Lawful%20permanent%20residents&text=LPRs%20may%20accept%20an%20offer,they%20meet%20certain%20eli gibility%20requirements. 8 https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity- u-nonimmigrant-status ATTACHMENT 1 enforcement in the investigation and prosecution of those crimes. It was created to encourage victims to cooperate with police and prosecutors without fear of deportation. A U Visa provides legal status and employment authorization but expires after four years unless a renewal is sponsored and supported by law enforcement. Cooperating with law enforcement may open victims or their families to further violence or retaliation, which deters some eligible victims from applying for U Visas that provide only temporary protection. After five years of lawful presence under a U Visa, an immigrant can apply for LPR status if they have remained cooperative with law enforcement agencies. There is no application or renewal fee for the U Visa, but LPR application fees are $1,225 and U Visa LPR applications must be sponsored by the law enforcement agency the victim cooperated with while in the U.S. Legal assistance to process a U Visa application is approximately $5,000 per case. Some immigrants who entered the U.S. without authorization have current lawful presence through the Deferred Action for Childhood Arrivals program (“DACA”). Children brought to the country before their 16th birthday and prior to June 2007 who are currently in school, a high school graduate, or honorably discharged from the military, and were under the age of 31 as of June 15, 2012, qualify to apply for DACA.8F9 DACA status allows recipients to receive a renewable two-year deferral of deportation and a work permit. In September 2017, the federal administration announced a plan to phase out DACA, triggering multiple lawsuits challenging this action.9F10 In 2020, the Supreme Court blocked this phaseout of the program on the grounds that the rationale stated by the Executive Branch was arbitrary and capricious.10F11 The Court did not rule on the merits of the DACA program itself, opening it to future elimination with underlying lawful rationale. On January 20, 2021, President Biden issued an executive order fully reinstating DACA.11F12 The DACA program has increased the wages and employment status of recipients, improved the mental health outcomes for DACA participants and their children, and reduced the number of undocumented immigrant households living in poverty.12F13 13F14 14F15 DACA does not provide LPR status or a path to citizenship for recipients and must be renewed every two years.40 DACA applications and renewals require $495 in fees. Colorado is home to 18,555 DACA recipients whose renewal fees generate approximately $460,000 per year for the federal government. 15F16 Legal representation for DACA applications costs approximately $2,000 per case. Undocumented Immigrants Immigrants who enter or remain in the U.S. without authorization are known as “undocumented immigrants.” Most undocumented immigrants in the United States entered lawfully but overstayed temporary visas and often have insufficient economic resources to pursue legal extensions or citizenship.16F17 Lawful paths to citizenship, LPR status, refugee status, and asylum dramatically decreased 9 https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca 10 https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca 11 https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf 12 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/preserving-and-fortifying- deferred-action-for-childhood-arrivals-daca/ 13 Pope, Nolan G. (2016). "The effects of DACAmentation: The impact of Deferred Action for Childhood Arrivals on Unauthorized Immigrants". Journal of Public Economics. 143: 98–114. doi:10.1016/j.jpubeco.2016.08.014. 14 Patler, Caitlin; Laster Pirtle, Whitney (February 1, 2018). "From undocumented to lawfully present: Do changes to legal status impact psychological wellbeing among latino immigrant young adults?". Social Science & Medicine. 199: 39–48. doi:10.1016/j.socscimed.2017.03.009. 15 Antman, Francisca (2016). "Can authorization reduce poverty among undocumented immigrants? Evidence from the Deferred Action for Childhood Arrivals program". Economics Letters. 147 16https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms% 20Data/All%20Form%20Types/D 17 https://cmsny.org/publications/essay-2017-undocumented-and-overstays/; https://www.npr.org/2019/01/16/686056668/for-seventh-consecutive-year-visa-overstays-exceeded-illegal- border-crossings during the Trump administration.17F18 The current federal administration has committed to immigration policy reform but needs bipartisan support in Congress to expand or create pathways to citizenship for all categories of immigrants. The proposed comprehensive immigration bill from President Biden contains an eight-year waiting period of unlawful presence before undocumented residents could apply for citizenship or LPR status and a plan for citizenship for DACA recipients.18F19 Currently, there is inadequate support in Congress for passage of this bill and several stand-alone immigration bills are anticipated to be considered in 2021 instead of the comprehensive immigration bill.19F20 Detention and Deportation A common misperception is that deportation proceedings are only for undocumented immigrants. In fact, any non-citizen including lawful permanent residents, refugees, and people who entered legally on visas can be placed in deportation proceedings.20F21 Another common misconception is that deportation proceedings are reserved for those with a criminal conviction Many immigration arrests do not begin with arrest by local law enforcement. More than 1 in 4 immigrants arrested Immigration and Customs Enforcement (ICE) have no criminal conviction and for those that do, the majority have been convicted of victimless crimes such as immigration or traffic offenses.21F22 Deportation proceedings begin with an arrest.22F23 If a crime is committed, local police may notify U.S. Immigration and Customs Enforcement (“ICE”) that they suspect an immigrant is unlawfully present or that the crime alleged to have been committed would qualify the immigrant for deportation. If an immigrant is suspected of entering or remaining in the country without authorization, ICE or U.S. Border Patrol may arrest the individual and put them into detention, or custody of the federal government. Usually, a case is then filed for a hearing in Immigration Court against the immigrant by the Department of Homeland Security attorneys. The immigrant can be detained upon arrest while awaiting their first court appearance or may be released on immigration bond or on their own recognizance in limited cases known as “catch and release”. Immigration bonds are set at a minimum of $1,500 but average $10,000 in Colorado. Denial of an immigration bond or objection to the bond amount may be filed by the detainee, who must also gather all supporting documentation and sponsor letter, then have all documents translated into English to file with the court. There is no right to an attorney, translator, or communication with family or friends during this process, but detainees have the right to one free local phone call. The average time between being taken into detention and the immigration hearing is 500 days. There is no requirement that a detainee remain in the state they were arrested in, so transfers to out of state detention centers may be made at any time in the process without notice to the individual or their families and the case transferred to a different immigration court. At the merits hearing, the judge determines whether to deport the immigrant. That decision can be appealed within 30 days by either party and deportation typically is ordered within two months of the order. ICE air operations fly people who are deported back to what has been adjudicated as their home country. Some people being deported report paying for their own deportation flights. Deported individuals from Mexico are flown to U.S. border cities and bused or walked across the border into Mexico. If an individual returns to the U.S. and enters illegally after being deported, they are permanently banned from lawful entry under any visa type. After deportation, an immigrant may apply for lawful reentry after a waiting period of 5-20 years, depending on the underlying cause for the initial deportation. Out of pocket expenses for deportation defense range from $6,000 to $20,000 in filing fees and $10,000 to $50,000 for attorney costs depending on the specifics and complexity of the case. 18 https://www.vox.com/2020/9/3/21408528/trump-naturalization-backlog-citizenship-voting 19 https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-president-biden- sends-immigration-bill-to-congress-as-part-of-his-commitment-to-modernize-our-immigration-system/ 20 https://abcnews.go.com/Politics/democrats-introduce-bidens-immigration-reform-bill/story?id=75960479 21 https://www.usa.gov/deportation 22 https://www.cato.org/blog/criminal-aliens-commit-mostly-victimless-crimes-few-violent-crimes 23 https://www.usatoday.com/pages/interactives/graphics/deportation-explainer/ Expedited Removal Order Initially, expedited removals of immigrants could only take place if an individual were to be arrested within 100 miles of a U.S. border and had not been in the U.S. for more than two weeks. The time limit for unlawful presence was expanded to up to two years under the Trump administration and arrests can now happen anywhere in the U.S., not just within 100 miles of the border. President Biden ordered a review of this change in February 2021, but as of today it is still the prevailing policy. Under expedited removal processes, non-citizens are deported in a single day without an immigration court hearing or other appearance before a judge. U.S. Border Patrol officers exclusively conduct the process, which is usually completed within a couple of hours, affording little to no opportunity for the non- citizen to collect evidence or consult with an attorney. In most circumstances, the non-citizen does not have a right to appeal. Those who have been subjected to expedited removal are detained until they are formally removed. This provides the immigration officer with broad authority in the removal of a non- citizen, allowing the officer to operate as both prosecutor and judge. Impact of the Ambiguous Status or Threat of Deportation Livability, public participation, and access to community services are also affected by uncertainty related to immigration status. Family members forced to take on additional paid employment or caregiving responsibilities following detention or deportation weaken family stability. Older children assuming additional caregiving responsibilities for younger family members see their own school performance and retention decline.23F24 24F25 Community members who are fearful and mistrustful of public institutions based on immigration policy or enforcement are less likely to participate in churches, schools, health clinics, cultural activities, and social services.25F26 Changes in immigration policy at the federal level are shown to reduce participation by immigrants in local communities through reductions in visits to parks, libraries, restaurants, and community events.26F27 Following a visible immigration raid or arrest, school attendance drops, businesses see fewer customers, and fewer immigrants seek medical services or pick up prescriptions. This disconnect from public life and community services can remove social safety nets for families and children. Many immigrant parents do not enroll their children in school lunch or health care programs the children are legally eligible to participate in because of fear that participation will disqualify the parents or children from future immigration applications under the Public Charge policy, which leads to elevated food insecurity and poor health outcomes. Prioritizing safety and inclusion for all families, regardless of immigration status, through programs to foster support networks, sense of belonging, mental health, and community building are recommended by psychologists and social scientists as solutions to foster wellness for children and families.27F28 Fearfulness and mistrust can extend to local public safety officials when community members feel federal law enforcement or legal systems are unjust or inconsistent. Families are reluctant or unwilling to call local police for any reason after a deportation in their family or local community.56 Unwillingness to call the police is strongest for those who are unauthorized with 70% of survey participants reporting that they would not call police even if they were victims of crimes (compared to 44% of Latinx people who were documented immigrants or US citizens).28F29 24 Chaudhary, A., Capps, R., Pedrosa, J.M., Castañeda, R.M., Santos, R, & Scott, M. M. (2010). Facing our future: Children in the aftermath of immigration enforcement. The Urban Institute. Retrieved from https://www.urban.org/sites/default/files/publication/28331/412020-Facing-Our-Future.PDF 25 Dreby, J. (2012). The burden of deportation on children in Mexican immigrant families. Journal of Marriage and Family, 74, 829-845. 26 https://www.communitypsychology.com/effects-of-deportation-on-families-communities/ 27 Hagan, J.M., Castro, B., & Rodriguez, N. (2010). The effects of U.S. deportation policies on immigrant families and communities: Cross-border perspectives. North Carolina Law Review, 88, 1799-1824. 28 Berkman, L. F., Glass, T., Brissette, I., & Seeman, T. E. (2000). From social integration to health: Durkheim in the new millennium. Social Science & Medicine, 51(6), 843-857. 29 https://www.policylink.org/sites/default/files/INSECURE_COMMUNITIES_REPORT_FINAL.PDF 1JC Ward, Leo Escalante Municipal Immigration Legal Fund ATTACHMENT 2 Council Direction 2 1.What feedback does Council have regarding the research and unmet needs assessment for immigration legal services in Fort Collins? 2.What next step would Council like staff to pursue regarding a municipal immigration legal fund for Fort Collins immigrant community members? Work Session Overview 3 1.Strategic Alignment •Strategic Outcomes & 2020 Legislative Policy Agenda, •City Council Resolution 2019-100 & Social Sustainability Strategic Plan 2.Equity Challenges for Immigrant Communities •Legal, economic, and health inequities 3.Current Conditions in Colorado •Fort Collins demographics (general & children) 4.Peer City Municipal Legal Funds •Delivery and funding models 5.Community Partners’Te stimonials •Equity challenges for immigrant families in Fort Collins Strategic Alignment 4 Safe Communities 5.1 Improve overall community safety while continuing to increase the level of public trust and willingness to use emergency services. High Performing Government 7.3 Improve effectiveness of community engagement with enhanced inclusion of all identities, Neighborhood Livability & Social Health 1.4 Advance equity for all, leading with race, so that a person’s identity or identities is not a predictor of outcomes. Economic Health 3.2 Understand trends in the local labor market and work with key partners to grow diverse employment opportunities. STRATEGIC OUTCOMES Strategic Alignment 5 2020 Legislative Policy Agenda City Council Resolution 2019-100 Strategic Alignment 6 SOCIAL SUSTAI NABILITY PLAN 2016 Equity Challenges 7 LEGAL EQUITY •Lack of representation during deportation legal proceedings •Expedited removal permits immigration authorities to deport people w ithout a hearing, a lawyer or a right of appeal •Immigrants are 10.5 times more likely to be able to remain in the U.S. when they have legal representation •The average time between being taken into detention and the immigration hearing is 500 days Equity Challenges 8 ECONOMIC EQUITY •Visa applications and renewal fees have varying filing fees and are approximately $4,000 •Naturalization has a cost of o $725 in filing fees plus o $500 -$1,200 attorney fees per person, per application •Immigrants in our Congressional District contribute: o $172.4 million in state and local taxes o More than $406 million in federal taxes Equity Challenges 9 HEALT H & SAFETY EQUITY •Undocumented immigrants typically have extremely limited access to care •Fears of deportation contribute to negative health outcomes •Children of undocumented parents: o Greater mental health issues in adolescence o Lasting negative effects on adult educational attainment and income •Negative impact on public safety o Heightened fear of police contribute to social isolation and exacerbation of mistrust of law enforcement authorities Current Conditions in Colorado Colorado §In 2019, 65%of 8500 immigration deportation cases did not have legal representation §In 2020, 61%of 2,154 children in deportation cases did not have access to legal representation 10 Fort Collins §Immigrant community of more than 11,000 or 6.8% of total population §Approximately,4,500 Fort Collins community members are currently not United States Citizens §Approximately, 2,200 are eligible for naturalization §Approximately, 2,300 are currently at risk for detention and deportation Current Conditions in Colorado 11 DEMOGRAPHICS -CHILDREN •15%of children in Fort Collins live with at least one immigrant parent and 75%of these children are themselves U.S. citizens •In PSD, there are 54 students who arrived as unaccompanied minors seeking asylum due to threat of death or imminent harm •Children in immigration proceedings have no right to legal counsel, Guardian ad Litem evaluation, or adult supervision during hearings Peer City Models 12 PROGRAM DESIGN •Public-nonprofit Partnerships o 39 of 42 municipal immigration legal funds •Public Defender’s Office Units o Established units inside Public Defender’s Office •City/County Employee Coordinator o Dane County, Wisconsin created municipal staff position •Student Law Office Clinics and Fellows o Dane County funds a portion of the student law office immigration clinic at the University of Wisconsin Peer City Models 13 PROGRAM FUNDING •Municipal Funding o Baltimore, MD Minneapolis, MN •Municipal & Nonprofit Funding o Santa Rosa, CA Dane County, WI San Antonio, TX •Municipal, Nonprofit & Grants Funding o Columbus, OH Denver, CO Peer City Models 14 Baltimore, MD Immigrant Population Annual Funding Funding Source People Assisted 60,000 (10% of Total Pop.)$200,000 Municipal Funding 36 cases (direct representation) Minneapolis, MN (Hennepin County) Immigrant Population Annual Funding Funding Source People Assisted 42,000 (10% of Total Pop.)$275,000 Municipal Funding 75 cases (direct representation) Peer City Models 15 Santa Rosa, CA Immigrant Population Annual Funding Funding Source People Assisted 82,060 (17% of Total Pop.)$550,000 $300K Municipal $250K Nonprofit fund 193 cases (direct representation) Dane County, WI Immigrant Population Annual Funding Funding Source People Assisted 49,202 (9% of Total Pop.)$250,000 $150K Municipal $100K Grants 75 cases (direct representation) Peer City Models 16 San Antonio, TX Immigrant Population Annual Funding Funding Source People Assisted 180,960 (12% of Total Pop.)$250,000 $150K Municipal $100K Nonprofit fund 75 cases (direct representation) Columbus, OH Immigrant Population Annual Funding Funding Source People Assisted 87,800 (9% of Total Pop.)$159,000 $25k Municipal $100k Grants $34k Nonprofit fund 68 cases (direct representation) Peer City Models 17 Denver, CO Immigrant Population Annual Funding Funding Source People Assisted 84,670 (12% of Total Pop.)$325,000 $200K Municipal $100K Grants $100K Nonprofit fund 42 cases (direct representation) Community Testimonials 18 “When my son was deported back to Mexico, a place he did not know, he got lost for about 3 weeks, and no one could find him, until they found him living under a kiosk, like a beggar” Berta, Restaurant Worker Community Testimonials 19 “Like any other immigrant, you just want to find opportunities here, find a job, work hard, earn a living to live a better life, to better yourself” Te rry, Healthcare Worker, CSU Master ’s in Anthropology, Nursing Student Community Testimonials 20 “There’s a lot of need in our immigrant community, we need legal representation and assistance, not just my parents, but thousands of people; it’s a lengthy process that is very expensive” Kristin, Student at Poudre High School Council Direction 24 1.What feedback does Council have regarding the research and unmet needs assessment for immigration legal services in Fort Collins? 2.What next step would Council like staff to pursue regarding a municipal immigration legal fund for Fort Collins immigrant community members?