OUR PEOPLE, OUR RIGHTS: IMMIGRATION ENFORCEMENT

& AB 60 DRIVER’S LICENSES

IN CALIFORNIA

provided by the Drive CA Coalition and the TRUST Coalition

2

OUR PEOPLE, OUR RIGHTS California is a proud state of immigrant communities. Of the 10.2 million immigrants in California, about 26% or 2.6 million are undocumented. However, deportations have torn many families apart. From 2009 to Aug 2014, the “Secure Communities” deportation program alone has led to the deportation of over 118,000 immigrants from the state.

Measures such as the California TRUST Act and AB 60 the Safe and Responsible Driver Act have lead the way in creating opportunities for vibrant members of our communities.1

1 Looking Forward: Immigration Contributions to the Golden State (2014) by the California Immigrant Policy Center

Image by Sandra Khalifa @snkhalifa

3

OVERVIEW Immigration Enforcement in California & the TRUST Act Know Your Rights: undocumented immigrants & immigration detention in California AB 60 Driver’s Licenses for All Get Involved: Advocacy & More

4

IMMIGRATION ENFORCEMENT IN

CALIFORNIA

THE TRUST ACT

5

WHAT IS THE CA TRUST ACT?

New state law as of January 1st, 2014

Limits local jails from holding people for extra time just so they can be picked up and deported by ICE.

6

THE CRIMINAL JUSTICE PROCESS

ICE HOLD or ICE Notification

7

OVER 48 CALIFORNIA

COUNTIES NO LONGER

RESPOND TO ANY ICE HOLDS

48 condados en California ya no obedecen las retenciones

pedidas por ICE

8

EXPANDED PROTECTIONS: MIRANDA-OLIVARES V. CLACKAMAS COUNTY April 11, 2014: Federal District Court in Oregon ruled that ICE holds violate the Constitution. Counties cannot hold individuals for extra time unless a judge finds that there is reasonable evidence against you. If counties respond to ICE holds, they can face legal liability.

9

THIS MEANS…

Individuals can no longer be held by a local jail for extra time based on an ICE hold. Counties that continue to hold individuals for ICE have faced legal action.

Baldwin Park Sacramento

Individuals CANNOT be detained on an ICE hold request.

10

11

PROBLEMATIC PRACTICES THAT STILL EXIST

1. Notification to ICE upon release

2. Release to ICE at booking and release, “prior to” 48 hour ICE hold

3. Transportation by local law enforcement to ICE

4. Questionnaires to all “foreign-born” detainees about immigration status

5. Citation to bad law, Penal Code 834(b), to support reporting to ICE

6. Civil immigration warrants (e.g., I-200, I-205, I-203 forms)

7. Vague exceptions (public safety, exigent circumstances, sheriff discretion)

8. No bail provision

9. After law enforcement contact: home raids and probation referrals to ICE

12

RUTH’S STORY // LA HISTORIA DE RUTH

http://www.aclusocal.org/cuentame/

13

FROM S-COMM TO PEP-COMM• On Nov. 20, 2014, along with announcing

administrative relief for some, President Obama announced that S-Comm will be replaced with a new program: Priority Enforcement Program (“PEP-Comm”).

• The 6 to 7 million undocumented community members left out of administrative reform will be bigger targets for ICE enforcement.

14

PEP-COMM PROCESS

Local Law Enforcement

State Identification

BureauState Criminal

Background Check

FBI

(CJIS Database)Federal criminal

background check

DHS (IDENT Database)

S-Comm Civil Immigration Background

CheckMatch: Undocumente

d or LPR

No Match

ICE Notification

:

15

NOTIFICATION IS VOLUNTARYLike ICE holds, requests for ICE notification are voluntary.

Local law enforcement can choose to not notify ICE when an individual is released.

What you can do:

Meet with your local law enforcement (e.g., Police Dept, Sheriff’s Dept, Probation)

Explain that PEP-Comm also undercuts community policing, tears families apart, and wastes local resources

Ask your local law enforcement to adopt a policy of not notifying ICE when an individual is released

Ask you local law enforcement to adopt a policy that prohibits ICE access to the jail and to jail computers, booking logs, etc. Use Santa Clara and Cook County as examples.

16

NEXT STEPS1. ICE out of local jail: launch a campaign to end ICE

presence and access to local jail (known as Criminal Alien Program or CAP)

2. No notification to ICE: ask your sheriff and police chief to adopt policies of not notifying ICE when individuals are released

3. ICE out of courthouses and probation: push back against ICE enforcement at court houses and probation check ins

17

or visit www.catrustact.org, email catrustact@gmail.com

If you for a loved one think you have been wrongly held for immigration, please call:

1-844-TRUST-01 (1-844-878-7801)

TRUST ACT HOTLINE

18

“YOU HAVE THE RIGHT TO REMAIN SILENT…”*

Remember, when talking to (or in front of) law enforcement, anything you say can be used against you! You have a 5th Amendment Right to Remain Silent. Use it. Don’t talk about your immigration status, citizenship, when or how you came to the U.S., or where you’re from. Ask to speak with an attorney. Ask to call your family.* Not intended as legal advice!

19

WHAT CAN YOU DO NOW?

The TRUST Act is law because people like you fought for it. Let’s protect our rights in all 58 counties! Join us at catrustact.org!

If you or a loved one think you have been wrongly held for immigration, please call 1-844-TRUST-01 (1-844-878-7801) or email catrustact@gmail.com.

20

AB 60 DRIVER’S LICENSES

21

WHAT IS AB 60? Law passed in 2013 to make

California drivers’ licenses available regardless of

immigration status. Immigrant communities and

allies have fought for 20 years to make this a reality!

22

YOU CAN APPLY FOR AN AB60 LICENSE ON JAN 2, 2015!

23

WHAT WILL MY LICENSE LOOK LIKE? Will have language on the front and back to distinguish from currently issued drivers’ licenses (sample below):

24

HOW MUCH

FOR AN AB60

DRIVER’S LICENSE?

$33

25

OVERVIEW: WHAT DO I NEED TO DO TO OBTAIN AN AB 60 LICENSE? Make an appointment

Complete DL-44 Application Form

Pay $33 Fee

Prove Identity and Residency

Take Rules of the Road (Written) Test

Pass Vision Exam

Give Thumbprint

Have Picture Taken

Show Proof of Insurance

Pass Road (Driving) Test

26

GET YOUR AB 60 LICENSE IN 3 STEPS!

1.Right now, PREPARE!

2.Visit the DMV & Apply!

3.The Driving Test!

27

PROVIDE IDENTITY & RESIDENCY DOCUMENTS

28

IDENTITY DOCUMENTS (EMERGENCY REGS 11.7.14)

OPTION 1: ONE

DOCUMENTCalifornia Driver

License or ID Card (issued 10/2000 or

later)

Mexican Federal Electoral Card (2013)

Mexican Passport (2008 or later)

Mexican Consular Card (2006 or later)

Other approved foreign passport with

SSN (see list)

OPTION 2:TWO

DOCUMENTS

Consular ID Card (see list)

Argentinian ID Card (2012)

Chilean ID Card (2013)

El Salvadorian ID Card (2010)

Peruvian ID Card (2010)

Guatemalan National ID Card (2012)

Guatemalan Consular Card (2002)

Brazilian Consular Card (2010)

-- OR --

Foreign Passports (see list)

AND

Foreign Birth Certificate

certified copy from national civil registry issued with six months of application date for license with embedded photo OR

With Apostille authentication and translated into English

OPTION 3:SECONDARY

REVIEW

Secondary Review Process

(see next slide)

29

30

RESIDENCY DOCUMENTS (EMERGENCY REGS 11.7.14)

Keep in mind…. Most residency documents must list an

applicant’s first and last names, and a California resident address.

Examples include: lease agreements, school documents, utility bills, medical documents, employment documents, faith documents, insurance, CA ID cards, shelter letters.

A spouse may use residency documents in the other spouse’s name, along with a marriage/domestic partnership certificate.

A minor may use residency documents in a parent’s name.

If you use the secondary review process, you do not need to separately prove residency.

31

CO

NG

RATS

!YO

U H

AV

E A

N

AB

60

LI

CE

NS

E!

32

AB 60 PROTECTIONS Confidentiality & anti-discrimination

33

DOES AB 60 CONTAIN PROTECTIONS FROM DISCRIMINATION? The law prohibits state or local government agencies, officials, or programs that receive state funds from discriminating against someone because he or she holds or presents an AB 60 license. This includes state and local law enforcement officials.

AB 60 specifies that it shall be a violation of law, including, but not limited to, a violation of the Unruh Civil Rights Act, to discriminate against an individual who holds or presents an AB 60 driver’s license.

34

WHO WILL HAVE ACCESS TO INFORMATION I PROVIDE TO THE DMV? Under AB60, the documents you provide to the DMV are not a public record and the DMV may not disclose applicant information, expect when requested by a law enforcement agency as part of an investigation.

35

INFORMATION SHARING

•Under current state laws, the documents provided to the DMV are not a public record and the DMV may not disclose applicant information irrespective of immigration status, except when requested by a law enforcement agency as part of an investigation.•Applicant information is going into a system that could be accessed by different federal agencies, including ICE, if these agencies have an existing concern about an applicant, including an outstanding deportation order, warrant, etc. Use caution if this raises a concern.•Advocacy on this issue is ongoing. Drive CA is working with state legislators and other states to advocate with DHS.

36

WHAT SHOULD I DO NOW?

Gather your documents. Study for the written test. Pay any outstanding traffic tickets. Protect yourself from fraud. Only the DMV can give you a driver’s license. Do NOT pay anyone for information or services.

37

HOW CAN YOU GET INVOLVED?

We fought and we WON AB60 Licenses in California – how will

you help us win more for immigrant communities?

Visit our coalition website at driveca.org to get more resources

or text DRIVE to 225568

(insert local advocacy information)

FOR MORE INFORMATION

PRESENTER NAMEOrganization123-456-7890 | email@email.com