addressing the challenges of a house divided ......i. overview of illinois’ immigrant population...
TRANSCRIPT
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Illinois Coalition for Immigrant and Refugee Rights
Addressing the Challenges of a
House Divided: Understanding the Immigrant
and Refugee Debate
Luvia Quinones
Health Policy Director
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Agenda
I. Overview of Illinois’ Immigrant population
II. National and Local perspective
III. Advocacy and Engagement Opportunities
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
• ICIRR is dedicated to promoting the rights of immigrants and
refugees to full and equal participation in the civic, cultural,
social, and political life of our diverse society.
• In partnership with our member organizations, the Coalition:
● educates and organizes immigrant and refugee communities to assert their
rights;
● promotes citizenship and civic participation; monitors, analyzes, and
● advocates on immigrant-related issues; and
● informs the general public about the contributions of immigrants and
refugees.
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Who are we talking about today?
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
www.icirr.org
Family households that
include at least one
undocumented individual
Number (share) of such
households that also include a
legal immigrant or a U.S. citizen
Chicago 68,000 57,000 (84%)
Suburban Cook County 51,000 46,000 (89%)
7 Collar counties 61,000 55,000 (90%)
Downstate (94 counties) 18,000 15,000 (83%)
Illinois family households that include both undocumented individuals and U.S. citizens
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Illinois Coalition for Immigrant and Refugee Rights
0
50000
100000
150000
200000
250000
300000
350000
Illlinois Chicago Suburban Cook 7 collar counties Downstate 94 counties
Undocumented Federal Poverty Level
Income among Illinois undocumented Income among Illinois undocumented
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
II. The Current Landscape
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Illinois Coalition for Immigrant and Refugee Rights
Three Executive Orders in Immigration
1) Muslim & refugee bans: Seeks to “temporarily” halt all entry from 6 Muslim countries and all refugees; also cuts refugee entries in half. Does not impact health & benefits. Currently tied up in courts
2) Border enforcement: Calls for the so-called wall and increase in border patrol and detention on the southern border. No direct reference to health or benefits
3) Interior enforcement: Calls for changes to enforcement priorities and punishing so-called sanctuary cities. Some reference to health & benefits in memos, but does not mean much.
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
IV. Immigration Enforcement and Health Centers
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Illinois Coalition for Immigrant and Refugee Rights
While there is a low likelihood that an enforcement action could occur at a health center, there are reports of ICE presence at health center parking lots and ICE arresting people across the street from a health center. So, Know Your Rights: Immigration enforcement actions at health settings are protected by the 4th Amendment Sensitive Locations Memos also tools to prevent against these actions
Fear of Immigration Enforcement Actions at Health Facilities
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Is my personal and medical information secure or could ICE use it to find me? Existing guidance: Information submitted when applying for health benefits is used to determine eligibility Information is not to be used for law enforcement purposes (exception: fraud investigations)
Health Insurance Portability and Accountability Act (HIPAA): Protects against disclosure of personal identifying information There’s a need for national origin and immigration status to be protected, but you do not need to ask
ICE Memo clarifying use of of health care information (2011) Confirmed that information used to enroll in the ACA would not trigger immigration enforcement activity. http://www.ice.gov/doclib/ero-outreach/pdf/ice-aca-memo.pdf
Concerns around the Privacy of Personal Information Found in Medical Records
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Privacy rule prohibits disclosure of certain medical records and other patient information by “covered entities,” which include health plans, health care clearinghouses and health care providers. “Protected Health Information” (PHI), defined to be all “individually identifiable health information” held or transmitted by a covered entity or its business associate. 45 C.F.R. § 160.103. The list of PHI identifiers does not specifically include immigration status or evidence of foreign birth, though federal guidance includes a catch-all category for identifiers of “any other characteristic that could uniquely identify the individual.” HIPAA does include specific exceptions that allow medical providers to disclose medical records without a patient’s consent for judicial and administrative proceedings and for law enforcement activities. 45 CFR § 164.512(e); 45 CFR § 164.512(f). Don’t consent. Document!
HIPAA
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
If I use these benefits, will I be deported? Under current laws, people are usually not deportable for using benefits for which they are eligible. There is confusion and fear around public charge: does not have to be If I use these benefits, do I or a relative have to pay back for these services? There is confusion and fear around sponsor liability, where sponsors may be held accountable for used benefits
Fear of Using Medical Services
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Chilling effect in accessing health services --People wanting to stop receiving services from WIC, Medicaid, and other programs Fear of immigration enforcement actions at health facilities --Fear that ICE may be at or near a facility Fear around the privacy of personal information found in patient medical records Fear around the use of medical services and whether patient will need to pay back
Implications
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Illinois Coalition for Immigrant and Refugee Rights
What is happening in IL?
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Local policy solution: Trust Act
The Illinois TRUST Act seeks to protect and build trust between law enforcement agencies and immigrant communities by limiting local police involvement in federal immigration enforcement.
• Local police cannot comply with immigration detainers and warrants not issued by a judge.
• Local police also cannot stop, search, or arrest anyone based on that person’s immigration or citizenship status.
• Local police can still act upon a valid enforceable federal warrant, and can still otherwise communicate with ICE.
For more information: www.trustinil.org
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Accessing Services Immigrant Family Resource Program (IFRP)
Outreach workers educating and informing immigrant communities on health and human
services, and breaking down the myths and stigmas associated with public benefits
Family advocates and case-managers supporting families in accessing clinics and hospitals,
government agencies, food pantries, and other safety net resources. In FY17, IFRP partners assisted 50,204 individuals to access food, health, income, and other basic needs.
Professional interpreters facilitating communication between Limited English Speakers and staff
at mainstream agencies; serving immigrant families from over 96 countries, speaking 55 languages.
Culturally competent direct service staff based in trusted, ethnic community organizations with
knowledge of mainstream services and practices.
Immigrant Family Resource Program 1-877-537-7460
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
What can you do?
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
The US Constitution
guarantees basic rights to
ALL of the people of the
United States--regardless of
immigration status
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Warrant signed by a judge
Warrant signed by ICE
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Regardless of your immigration status, you have the right to:
-REMAIN SILENT- Show your KYR Card! -SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY Police/Court : Public Defender or your own attorney at your own expense. Immigration Court : At your own expense -REQUEST A LOCAL TELEPHONE CALL Memorize phone numbers of family/friends with legal status *Preferably someone who knows/has your Emergency Plan. Contact your Consulate- List of consulates and phone numbers is available at detention centers.
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Recommendations:
• Establish a written policy identifying areas as not open to the general public
• Provide posters and educational materials advising clients that they have the right to refuse to
answer questions from immigration agents and to ask that a lawyer be present if they are
questioned
• Establish a relationship with a lawyer, such as a board member who is an attorney, who can
be available if an agent comes into your building
• Designate a specific person or persons as responsible for handling contacts with law
enforcement officials.
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Find legal help:
•Nonprofit organizations that provide low-cost help can be found at www.immigrationlawhelp.org
•The immigration courts have a list of lawyers and organizations that provide free legal services: www.justice.gov/eoir/list-pro-bono-legal-service-providers-map
•At https://www.adminrelief.org there is a search engine into which you type a zip code and then are given a list of all the legal services near you.
•You can search for an immigration lawyer using the American Immigration Lawyers Association’s online directory www.ailalawyer.com
•The National Immigration Project of the National Lawyers Guild also has an online find-a-lawyer tool: www.nationalimmigrationproject.org/find.html
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Family Support Hotline
What is the Family Support Network Hotline?
✓ Toll-free hotline offers help to Illinois families facing deportation.
✓ The hotline is staffed by trained volunteers who will listen to families and offer referrals to lawyers, social service agencies, pastors, and other community supporters.
✓ The hotline is staffed in English, Spanish, Polish and Korean.
REPORT ANY ICE ACTIVITY TO THE HOTLINE BECOME A COMMUNITY NAVIGATOR!
ACTION:
1-855-HELP-MY-Family 1-855-435-7693
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Illinois Coalition for Immigrant and Refugee Rights
Ways service providers can be partners in supporting
and protecting immigrant communities:
• Host a know your rights session
• Become a community navigator
• Educate yourself and inform your community
• Get involved
Contact: Dagmara Avelar at [email protected]
www.icirr.org
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Illinois Coalition for Immigrant and Refugee Rights
Resources National Immigration Law Center www.nilc.org ICIRR www.icirr.org Shriver Center www.povertylaw.org Heartland Alliance https://www.heartlandalliance.org/ending-poverty/
www.icirr.org