Online CLE National Origin and Barriers to Accessing Justice 1 Access to Justice credit From the Oregon State Bar CLE seminar The ABCs of Oregon Legal Services: Accessibility, Barriers, and Challenges, presented on June 14, 2018 © 2018 Chanpone Sinlapasai. All rights reserved. ii Chapter 2 National Origin and Barriers to Accessing Justice CHANPONE SINLAPASAI Marandas & Sinlapasai PC Lake Oswego, Oregon Contents Presentation Slides . 2–1 U .S . Department of Justice Office of Justice Programs Office for Victims of Crime Pamphlet— What You Can Do If You Are a Victim of a Crime . 2–11 . Executive Office for Immigration Review Organizational Chart . 2–13 U .S . Department of Homeland Security Organizational Chart . 2–15 U .S . Citizenship & Immigration Services Organizational Chart . 2–17. Homeland Security U Visa Law Enforcement Certification Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement . .2–19 . Chapter 2—National Origin and Barriers to Accessing Justice The ABCs of Oregon Legal Services: Accessibility, Barriers, and Challenges 2–ii Chapter 2—National Origin and Barriers to Accessing Justice NATIONAL ORIGIN AND BARRIERS TO ACCESSING JUSTICE Presented by: Chanpone Sinlapasai Marandas Sinlapasai, PC [email protected] ROAD MAP OF PRESENTATION 1. National origin types and Immigration law 2. The intersectionality of state and federal laws 3. Victims’ rights and the disconnect between state and federal courts The ABCs of Oregon Legal Services: Accessibility, Barriers, and Challenges 2–1 Chapter 2—National Origin and Barriers to Accessing Justice THE ALPHABET SOUP OF IMMIGRATION LAW Citizenship (Naturalized Citizenship) Legal Permanent Residence Non Immigrant Visa Holder Deferred Status – Humanitarian Protection Undocumented ◦Department of Homeland Who’s Who in Security Immigration ◦United States Citizenship and Immigration Services ◦Immigration Court - EOIR The ABCs of Oregon Legal Services: Accessibility, Barriers, and Challenges 2–2 Chapter 2—National Origin and Barriers to Accessing Justice Classifications of Countries under Department of State Africa ◦ Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Cote d'Ivoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Republic of the Congo, Reunion, Rwanda, Saint Helena, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Western Sahara, Zambia, and Zimbabwe. Asia ◦ Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, China, Cyprus, East Timor, Georgia, Hong Kong, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Macau, Malaysia, Maldives, Mongolia, Nepal, North Korea, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Singapore, South Korea, Sri Lanka, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan, Vietnam, and Yemen. Caribbean ◦ Anguilla, Antigua and Barbuda, Aruba, The Bahamas, Barbados, Bermuda, British Virgin Islands, Cayman Islands, Cuba, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Netherlands Antilles, Puerto Rico, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and U.S. Virgin Islands. Central America ◦ Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama. Europe ◦ Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Holy See, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Slovak Republic, Slovenia, Spain, Serbia, Serbia and Montenegro, Sweden, Switzerland, Ukraine, and the United Kingdom. North America ◦ Canada, Greenland, Mexico, Saint Pierre and Miquelon, United States, and the countries within the regions of the Caribbean and Central America. Oceania ◦ American Samoa, Australia, Christmas Island, Cocos (Keeling) Islands, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Nauru, New Caledonia, New Zealand, Niue, Northern Mariana Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu, and Wallis and Futuna Islands. South America ◦ Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Falkland Islands, French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela. Alien: Any person not a citizen or national of the United States. “Foreign national” is a synonym and used outside of statutes when referring to noncitizens of the U.S. Asylee: A foreign national in the United States or at a port of entry who is unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on religion, nationality, membership in a particular social group or political opinion. Child: Generally, an unmarried person under 21 years of age. Conditional resident: Any foreign national granted permanent resident status on a conditional basis (for example, a spouse of a U.S. citizen or an immigrant investor) who must petition to remove the conditions of their status before the second anniversary of the approval date of their conditional status. DACA: Deferred Action for Childhood Arrivals, a program launched in 2012. Deferred action: A type of prosecutorial discretion that allows an individual to remain in the United States for a set period of time, unless the deferred action is terminated for some reason. Deferred action is determined on a case-by-case basis and only establishes lawful presence. It does not provide immigration status or benefits of any kind. DACA is one type of deferred action. Employment Authorization Document (Form I-766/EAD): A general term used to describe a card USCIS issues on Form I-766, Employment Authorization Card, to foreign nationals who are authorized to work in the United States. The card contains a photograph of the individual and sometimes his or her fingerprint. A foreign national who has an EAD usually has open-market employment authorization, but there are exceptions. Exchange visitor: A foreign national admitted temporarily to the United States in J-1 status as a participant in a program approved by the secretary of state for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training. F-1 Nonimmigrant Student: A person who has been admitted to the United States as a full-time academic student at an accredited college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma or certificate, and the school must be authorized by the U.S. government to accept international students. Lawful permanent resident: Any person not a citizen of the United States who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.” National of the United States: A person who, though not a citizen of the United States, owes permanent allegiance to the United States (for example, persons born in American Samoa or Swains Island). Nonimmigrant: A foreign national who is admitted to the United States for a specific temporary period of time. There are clear conditions on their stay. There are a large variety of nonimmigrant categories, and each exists for a specific purpose and has specific terms and conditions. Nonimmigrant classifications. Parole: The discretionary decision that allows inadmissible foreign nationals to leave an inspection facility freely so that, although they are not admitted to the United States, they are permitted to be physically present in the United States. Parole is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Parole is not an “admission” or “entry.” The paroled foreign national is treated as an applicant for admission. Parole falls under INA section 212(d)(5)(A). Refugee: Any person outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution based on the person’s race, religion, nationality, membership in a particular social group, or political opinion. For a legal definition of refugee, see section 101(a)(42) of the Immigration and Nationality Act (INA). Removal: The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. Temporary Protected Status (TPS): The secretary of the Department of Homeland Security may designate a foreign country for TPS due to conditions in that temporarily prevent the country’s nationals from returning safely,