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Immigrant Info’s mission is to support a healthy and resilient community for everyone through successful integration of immigrants, refugees and asylees into our society. Our intention is to create a collaborative space that facilitates connection, cooperation and focus on our common goals. We invite the submission of information about news, classes, resources, and community events of interest to Santa Clara County immigrants.

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In the News

Lawsuit Charges USCIS Move Against Foreign Students Is Illegal
11/9/18 A US Citizenship and Immigration Services (USCIS) policy memo could bar many international students from the United States. A new lawsuit argues that is actually the goal of the government memo. USCIS has attempted to justify the new action against international students by citing a questionable Department of Homeland Security (DHS) overstay report. The new policy memo drastically reshapes the unlawful-presence policy for F, J, and M visa-holders. Now, instead of the unlawful-presence clock running on the date on which the individual is adjudicated as out-of-status, USCIS will backdate unlawful presence to the underlying facts that give rise to the individual being out-of-status. Key Words: ALLIES5

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New life for DACA: Supreme Court likely next stop for Dreamers
11/8/18 A federal appeals court ruled that President Trump can’t immediately end the program that granted the nation’s so-called Dreamers protection from deportation, dealing his administration a significant blow and setting the stage for a showdown in the U.S. Supreme Court. Key Words: Deferred Action, immigration

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Ninth Circuit Declines Second Look at Kids’ Immigration Fight
11/13/18 Toddlers will continue representing themselves in immigration court in the wake of a Ninth Circuit panel’s refusal Tuesday to revisit dismissal of a class action that claimed kids should have court-appointed attorneys in immigration proceedings – a refusal that drew a blistering dissent from five circuit judges. During oral arguments in the appeal, government attorneys told the panel that appointing representation for kids facing deportation would “destroy the framework of the immigration system.”

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Proposed "Public Charge" Rule: Trump Administration Action Targeting Immigrant Families
10/22/18 ?The County provides this FAQ for informational purposes only and not for the purpose of providing legal advice. The FAQ represents the County's understanding of existing law and policy, and the likely impact the proposed "public charge" rule would have if it became final as proposed.

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SF judge suspends Trump's decision to end protected status for hundreds of thousands of immigrants
10/3/18 A U.S. district judge in San Francisco has dealt a blow to the Trump administration’s decision to rescind temporary protected status for hundreds of thousands of immigrants. The ruling late Wednesday afternoon will relieve immigrants from El Salvador, Haiti, Nicaragua and Sudan from the threat of deportation. It came in response to a class-action lawsuit alleging that government officials approached their decisions about TPS with a political agenda, ignored facts and were motivated by racism. Administration officials deny those allegations, saying the program was never intended to provide a long-term reprieve.

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Some undocumented immigrants didn't evacuate during hurricane to avoid risk of deportation
10/4/18 BuzzFeed News spoke with a number of documented and undocumented immigrants, as well as immigration advocates and volunteers, who said that the Trump administration’s crackdown on immigration made many immigrants feel as though they had to ride out the storm and subsequent flooding at home. The Department of Homeland Security had notified residents that immigration agents would not conduct enforcement during evacuation or at shelters, but BuzzFeed News found that many undocumented immigrants said the risk of deportation was too great. Key Words: DHS, disaster, FEMA

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The Government Outlines Its Plan to Extend TPS Benefits Under Court Order
10/26/18 In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. In the short term, USCIS will automatically extend all work permits currently issued to TPS recipients from Sudan and Nicaragua for a six-month period ending on April 2, 2019. Both Sudan and Nicaragua’s TPS designations were set to end before that date; Sudan on November 2, 2018, and Nicaragua on January 5, 2019. Because the ACLU’s lawsuit was filed before the Trump administration ended TPS for Honduras and Nepal, individuals from those countries are still at risk of losing legal status. As the recent caravan has shown, Honduras is still a country suffering from substantial instability, despite the administration’s decision to end TPS for that country.

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Trump promised to end it, but the visa lottery will still raffle off 50,000 green cards
9/27/18 In September, the State Dept announced that it will be issuing 50,000 visas in 2020. Applicants must meet simple but strict eligibility requirements to qualify, according to the State Department, which distributes the green cards among six geographical regions. They must be born in qualifying countries. The countries NOT eligible this period are: Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland), and Vietnam. They also must have at least a high school diploma or its equivalent, or 2 years’ work experience over the past five years in an eligible field that requires at least 2 years of training. Online Registration for the 2020 program begins on Oct. 3 and concludes on Nov. 6. Key Words: Immigration,

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CA Pretrial Diversion for Minor Drug Charges
1/1/2018 As of January 1, 2018, California will offer a pretrial diversion program to qualifying defendants charged with minor drug offenses. See AB 2082 (2017) (Eggman), amending California Penal Code § 1000 et seq. In this process, defendants will be permitted to plead "not guilty" before they are diverted to a drug education program. If they successfully complete this and other requirements within 12 - 18 months (or more, if they request and are granted more time), then the drug charge/s will be dropped and they will have no conviction from the incident for immigration purposes or any other purpose.

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Much damage to undo in family separations
8/15/18 We are hearing reunification stories from the front lines. Accounts from families, journalists, activists, political leaders and clinicians tell of the enormous distress that refugee children and parents have endured. Not only young children will show the ill effects of separation and detention. Children of all ages have suffered in different ways depending on age, health and the conditions of separation and detention. But younger children will not grasp why this happened to them as well as older children. Their young minds cannot comprehend immigration policy and enforcement. They'll ask, "What did I do?" or "Why did my mommy or daddy leave me?" Key Words: Mental Health

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Not on our watch': Lawyers fight to keep Trump from dismantling migrant child protections
9/20/18 Now as the federal government works to rewrite the rules spelled out under the so-called Flores Settlement —a lawsuit agreement that settled a 1997 lawsuit over child detentions — she worries what might become of children separated from parents or who have arrived unaccompanied if the Flores protections are diminished. “The obligations are very clear and the government is obligated to issue regulations that are consistent with Flores, all the things it is doing now are seriously inconsistent with Flores; they violate the contract they signed,” Frye told NBC News in a telephone interview.

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Trump immigration crackdown deterring undocumented immigrants from testifying in cases
9/22/18 The Trump administration’s crackdown on immigration is deterring some women from testifying in incidents of domestic abuse and discouraging immigrants in the country illegally from appearing in court, experts told NBC News. The experts told the network that fears of being arrested by immigration officials is deterring undocumented immigrants from appearing at courthouses, where they could be apprehended by Immigration and Customs Enforcement (ICE) agents.

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Bill Would Block ICE from Arresting Immigrant Child Sponsors
10/1/18 A bipartisan group of lawmakers are seeking to prevent the Trump administration from arresting undocumented immigrants who come forward to take care of undocumented immigrant children who are in the country alone, after CNN reported such arrests were happening. The bill would bar the government from using a sponsor’s undocumented status as a reason to deny releasing a child to them, and it would prevent the Department of Homeland Security from using information provided by a potential child sponsor to arrest or deport an undocumented immigrant.

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Doctors decry plans to detain immigrant kids with parents
6/27/18 Doctors are speaking out against the Trump administration's plans to stop separating immigrant families by instead detaining children with their parents. That approach, top pediatricians warned Wednesday, replaces one inhumane policy with another. "It puts these kids at risk for abnormal development," said Dr. Colleen Kraft, president of the American Academy of Pediatrics.Key Words: Mental Health

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Hidden Tribes: A Study of America's Polarized Landscape
10/18 This report is about polarization in America today: what is driving us apart, and what can bring us back together.The report was conducted by More in Common, a new international initiative to build societies and communities that are stronger, more united, and more resilient to the increasing threats of polarization and social division. Key Words: Research, Demographics

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It Is Legal to Seek Asylum
7/17/18 As thousands of asylum-seeking parents were separated from their children in recent months, the Trump administration actively portrayed them as law breakers who must be prosecuted and punished for coming to the United States. Left out of the narrative is one well-established fact: it is legal to seek asylum. The Immigration and Nationality Act, which governs our nation's immigration law, makes clear that anyone arriving at the U.S. border or within the United States is permitted to apply for protection. U.S. law embraces both international and domestic legal obligations not to return any person to a place where they face persecution on account of one of several protected grounds.

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U.S. courts abruptly tossed 9,000 deportation cases. Undated Notices to Appear
10/17/18 The Supreme Court case involved Wescley Fonseca Pereira, a Brazilian immigrant who overstayed his visa and was put into deportation proceedings in 2006. The initial paperwork he was sent did not state a date and time of appearance, however, and Pereira said he did not receive a subsequent notice telling him where and when to appear. When he failed to show up in court, he was ordered deported. The Supreme Court ruled that paperwork failing to designate a time and place didn’t constitute a legal notice to appear in court.

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Detaining migrant kids now a multi-billion dollar industry
7/12/18 Detaining immigrant children has morphed into a surging industry in the U.S. that now reaps $1 billion annually - a tenfold increase over the past decade, an Associated Press analysis finds. Health and Human Services grants for shelters, foster care and other child welfare services for detained unaccompanied and separated children soared from $74.5 million in 2007 to $958 million dollars in 2017. The agency is also reviewing a new round of proposals amid a growing effort by the White House to keep immigrant children in government custody. Currently, more than 11,800 children, from a few months old to 17, are housed in nearly 90 facilities in 15 states; Arizona, California, Connecticut, Florida, Illinois, Kansas, Maryland, Michigan, New Jersey, New York, Oregon, Pennsylvania, Texas, Virginia and Washington.

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H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies
10/13/18 Two weeks: That’s how quickly a foreign technology worker in Silicon Valley can get an employment permit from Canada. In the US, that process takes months. As the administration of President Donald Trump has increased scrutiny of H-1B visas for skilled foreign workers and plans to ban their spouses from holding jobs in the U.S., Canada has been moving aggressively to suck top foreign talent out of Silicon Valley and other technology-rich regions of the U.S. Key Words: Immigration, Indian

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Separated migrant families suing Trump administration for mental health treatment: report
6/8/18 Migrant families who were separated at the U.S.–Mexico border under the Trump administration’s “zero tolerance” policy are suing the Trump administration to cover the costs of their mental health treatment, according to a new federal class-action lawsuit. Key Words: Children

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US deporting crime victims while they wait for special visa
7/19/18 For victims of crime on U.S. soil who are living here illegally, a special visa program encourages them to help solve their cases and catch criminals, and often provides their only clear path to citizenship. But as Republican President Donald Trump's administration has taken a harder line on immigration, U.S. Immigration and Customs Enforcement appears to be stepping up the detention and deportation of people who have applied for the so-called "U visa."

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