Northwest Immigrant Rights Project
NWIRP provides comprehensive immigration
legal services for low-income people in
Washington State
 Focus primarily on direct legal services
 Also engage in: impact litigation, systemic
advocacy, community education
 Four offices: Seattle, Granger, Wenatchee,
Tacoma

Types of Immigration Status
US Citizen
US National
LPR
Asylee
Refugee
AOS Applicant
Deferred Action
Approved I-360
ABC Class Member
A-1, A-2, A-3
B-1 Business
B-2 Tourist
Visa Waiver Program
C-1, 2, 3, 4 Transit
D-1,2 Crewmen
E-1,2 Treaty
F-1,2 Student
G-1-5 Int’l Org
H-1B Specialty
H-1C Nurses
H-2A Ag Worker
H-2B Temp Worker
H-3, 4
I - Media
J-1, 2 Exchange
K-1,2,3,4 Fiance(e)
L-1A,1B,2 Corp
M-1,2 Vocational
N-8,9 – Special Imm.
NATO – 1-7
O-1,2,3 Extraord.
P – 1-4 Athletes/Entr
Q-1,2,3 Exchange
R-1,2 Religious
S-5,6 Informant
T – 1-4 Trafficking
TN, TD – Trade
TWOV – Transit
U – 1-4 Victims
V – 1-3 LPR Family
Humanitarian Parole
TPS
Derivative
245(i)
I-730
NACARA
EWI
Conditional Resident
Approved I-130
DACA
Diversity Visa
Overstay
Sig Public Interest Parole
SIJS
Withholding
CAT
Deferred Action
Cuban Adjustment
Lautenberg Amend.
And many more…
How to Get a Green Card (LPR)?
In the
U.S.
Eligible to
“adjust”?
Yes
Application /
Interview in US
No
Eligible for
Petition?
Waitlist?
Green
Card
Bars?
Leave US?
Outside
U.S.
Process at
US Consulate
Consulate
Interview
How Do People End Up in Removal?

Interaction with Criminal Justice System:
 ICE
detains an individual after he/she was in jail or contact
with probation officer

Filing an application that is denied:
 USCIS

refers the case to ICE
Other interactions with ICE and Border Patrol:
 Stopped
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
at the border, checkpoints, etc…
Post-election, we might see other ways (more later)
People in removal proceedings may be detained or not
detained
Immigration Court


There is NO right to an appointed attorney in
immigration court if the person cannot afford a
private attorney.
Many people are forced to represent themselves:
 Approximately
35 % of removal cases in Seattle and
92% of those completed in Tacoma were
unrepresented!!!
Who is at the detention center?
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Asylum-seekers
Asylees and refugees
Undocumented immigrants
Lawful permanent residents
Visa overstays
Mentally ill
Pregnant women
LGBTQ
Survivors of human trafficking
Unaccompanied Youth
Population = ~ 88% male; from > 70 countries, but > 80% from Mexico
and Central America
Length of detention = 2 weeks – 4 years (or more)
IMMIGRATION LANDSCAPE
TODAY
Interior Enforcement Executive Order (Jan. 25, 2017)

Sweeping Enforcement Priorities:
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Anyone charged with any criminal offense or
Who “has committed acts” that constitute a crime (no requirement for a
conviction), or
Who is, “in the judgment of an immigration officer,” a public safety risk
Fines for “those who facilitate” the presence of undocumented
people in the U.S.
10,000 additional immigration officers with no funding for
more IJs
Increased state enforcement of immigration law
Revoking federal funding and other penalties for “sanctuary
jurisdictions”
Border Security Executive Order (Jan. 25, 2017)

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Describes asylum-seekers as dangerous
Build a wall along the southern border
Ramp up construction of detention centers—including private
for-profit facilities—near border
Increase number of people (especially asylum-seekers)
detained
5,000 more Border Patrol Agents (no more IJs)
Removal proceedings from Mexico
More state-federal enforcement agreements
Potential for removal without a hearing for individuals who
have been in the U.S. up to two years
“National Security” Executive Order (Jan. 27, 2017)

President Trump signed an executive order which:
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Suspended entry for 90 days for individuals from seven countries
(Yemen, Iraq, Iran, Somalia, Sudan, Libya, Syria)
Barring any refugees from being admitted into the U.S. for 120 days
Indefinitely barring the entry of Syrian refugees
Immediate + confusing implementation, to refugees, visa
holders and green-card holders
Pending litigation

Department of Justice Appeal to US Supreme Court
Changes to Immigration Enforcement
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Increased focus on anyone who interacts with
criminal justice system
Increased enforcement near border (including
northern counties and Olympic peninsula)
Increased “fugitive operations teams” looking for
those with prior deportation orders
Workplace raids
Eliminate use of prosecutorial discretion
Even more immigration detention
What Might Change and When

Quickest Changes: More Executive Actions
i.e. DACA, Enforcement Priorities
 Workplace Raids


Not As Quick But No Congressional Action Required


Regulations: i.e. Provisional Waiver process
May Take More Time: Congressional Action Required:
Budget: More Agents/Detention, More Immigration Courts
 Changes to Immigration Law:
 Mandatory E-Verify
 Tougher penalties for immigration violation

What Will Happen to DACA?

Numbers (as of June 2016):
 National:
741,000+ DACA recipients
 WA: 16,987 DACA recipients

Possible scenarios:
 DACA
and all work permits eliminated immediately
 DACA ended people allowed to keep work permits until they
expire
 No new DACAs but those who have it can keep and continue
to renew
 DACA continues as before
Changes to Other Forms of Protection?

Most forms of protections are written in law, so President
can’t change them:


i.e. U visas, VAWA protections, asylum, SIJS
However:
There may be increased risk if applications are denied (i.e.
placed in deportation proceedings)
 Immigration agencies may well become tougher on using
discretion
 President could decide not to extend some protections (i.e. TPS)
 Congress could modify some of these protections in future

What Are We Doing to Respond?
Direct Representation!
 Community Education
 Legislative Advocacy
 Impact Litigation

 Muslim
Ban
 Cease and Desist

Raid Response Team
 Hotline
– 1-844-724-3737 (1-844-RAID-REP)