AB 60 Driver*s Licenses & ca trust act

Report
OUR PEOPLE, OUR RIGHTS: IMMIGRATION
ENFORCEMENT &
AB 60 DRIVER’S LICENSES
IN CALIFORNIA
provided by the Drive CA
Coalition and the TRUST Coalition
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
Image by Sandra Khalifa @snkhalifa
1
Looking Forward: Immigration Contributions to the Golden State (2014) by the California Immigrant Policy Center
2
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
3
IMMIGRATION ENFORCEMENT IN
CALIFORNIA
THE TRUST ACT
4
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.
5
ICE HOLD or
ICE Notification
THE CRIMINAL JUSTICE
PROCESS
6
48 condados en California ya
no obedecen las retenciones
pedidas por ICE
OVER 48 CALIFORNIA
COUNTIES NO LONGER
RESPOND TO ANY ICE
HOLDS
7
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.
8
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
9
Individuals
CANNOT be
detained on an
ICE hold request.
10
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
11
http://www.aclusocal.org/cuentame/
RUTH’S STORY //
LA HISTORIA DE RUTH
12
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.
13
PEP-COMM PROCESS
Local Law
Enforcement
State
Identification
Bureau
(CJIS Database)
State Criminal
Background Check
Federal criminal
background check
No Match
FBI
DHS
(IDENT Database)
ICE
Notification:
Match:
Undocumented
or LPR
S-Comm Civil Immigration
Background Check
14
NOTIFICATION IS VOLUNTARY
Like 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.
15
NEXT STEPS
1. 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
16
TRUST ACT HOTLINE
If you for a loved one think you have been wrongly held for
immigration, please call:
1-844-TRUST-01
(1-844-878-7801)
or visit
www.catrustact.org,
email
catrustact@gmail.com
17
“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!
18
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 1844-TRUST-01 (1-844-878-7801) or email catrustact@gmail.com.
19
AB 60 DRIVER’S LICENSES
20
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!
21
YOU CAN APPLY FOR AN AB60 LICENSE
ON JAN 2, 2015!
22
WHAT WILL MY LICENSE LOOK LIKE?
Will have language on the front and back to distinguish from currently issued drivers’
licenses (sample below):
23
HOW
MUCH
FOR AN
AB60
DRIVER’S
LICENSE?
24
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
25
GET YOUR AB 60
LICENSE IN 3 STEPS!
1.Right now,
PREPARE!
2.Visit the DMV &
Apply!
3.The Driving Test!
26
P ROVIDE I DENTITY & R ESIDENCY D OCUMENTS
27
IDENTITY DOCUMENTS (EMERGENCY REGS 11.7.14)
OPTION 1:
ONE DOCUMENT
OPTION 2:
TWO DOCUMENTS
California Driver License or
ID Card (issued 10/2000 or
later)
Consular ID Card (see list)
Mexican Federal Electoral
Card (2013)
Mexican Passport (2008 or
later)
Mexican Consular Card
(2006 or later)
Other approved foreign
passport with SSN (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)
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)
-- OR --
Foreign Passports (see list)
28
29
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.
30
31
CONGRATS!
YOU HAVE AN
AB60
LICENSE!
AB 60 PROTECTIONS
Confidentiality & antidiscrimination
32
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.
33
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.
34
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.
35
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.
36
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)
37
FOR MORE INFORMATION
PRESENTER NAME
Organization
123-456-7890 | email@email.com

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