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Title

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KYR Teaching Tools for the Classroom (RC-IG)

Attorneys/ESL Teachers:

Marc Santamaria

Stuart Seaborn

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EL Civics Educators:

Maren Anton

Jennifer Gagliardi

Tatiana Dutra e Mello

CATESOL Refugee Concerns Interest Group

Coordinators: Sherry MacKay,

Talley Caruso, and Marc Santamaria

Welcome!

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Overview

Introductions

Meet with Immigration Lawyer COAAP 19.1

Know Your Rights & Emergency Plan COAAP 19.9

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Disability Rights: Resources and Role Plays

Q & A and Resources

Disclaimer: Topics to be discussed are general information only and no attorney-client relationship is formed.

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Take a Screenshot

Marc Santamaria’s Contact Information:

(415) 745-3650

www.USImmigrationPlan.com

Marc@USImmigrationPlan.com

www.AIMentorLab.com

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Take a Screenshot

(510) 473-7381

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seabornlegal@outlook.com

Stuart Seaborn, Esq.

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Marc Santamaria

Esq., MA TESOL

    • Immigration lawyer for about 13 years
    • Experience in Immigration Court, with USCIS
    • ESL teacher for about 13 years
    • Education: Law degree, MA TESOL
    • Teaches ESL Level 1 at City College of San Francisco & law at UC Berkeley Law School
    • LinkedIn: www.linkedin.com/in/marcasantamaria
    • Married with one son, longevity enthusiast, slave to his cat Reina

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Stuart Seaborn

    • Over 25 years of experience practicing law
    • Directing Attorney at the Youth Law Center
    • Represented thousands of people with disabilities and other serious health conditions in ICE detention
    • Former adjunct professor at UC Law SF and UC Davis King Hall School of Law
    • JD from UCLA and BA from UC Berkeley
    • Bilingual in English and Spanish
    • Recently completed MA in TESOL

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Jennifer Galiardi

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    • Former Silicon Valley IT professional.
    • Has taught ESL and Citizenship for over 20 years
    • Founded the US Citizenship Podcast (uscitizenpod.com), creating and distributing free digital resources for English language learners. preparing for their naturalization interview
    • Author of two books: US Citizenship Bootcamp and Citizenship for Dummies, 2nd edition.
    • Presents on Citizenship and Technology at Adult Education conferences for the Outreach and Technical Assistance Network (OTAN) and moderates the Civics Education and Citizenship forum on LINCS.ed.gov.

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Maren Anton

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  • ESL instructor at Mt. Diablo Adult Education in Concord, CA
  • Teaches ESL Distance Learning and Citizenship students
  • Administers the CASAS tests for the ESL Program, and prepares assessments and lessons for EL Civics English Literacy and Civics Education.

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Tatiana Dutra E Mello

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  • ESL instructor at Mt. Diablo Adult Education in Concord, CA
  • Teaches ESL Family Literacy and EL Civics
  • Editor and translator

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EL Civics - Civic Objectives and Additional Assessment Plans (COAAPs)

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  • EL Civics integrates English language learning with civic education.�
  • It supports immigrants and those with limited English proficiency in navigating community systems like government and schools.�
  • The program is primarily offered through adult education programs in California.�
  • Funded by the Workforce Innovation and Opportunity Act (WIOA) under the Adult Education and Family Literacy Act (AEFLA, 2014).�
  • WIOA-funded agencies earn "Payment Points" when students pass EL Civics assessments and have valid pre/post CASAS tests.�
  • EL Civics is a key component of IELCE/IET Workforce Pathways.

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CASAS Competencies to Civic Objective

Civic objectives are organized according to a taxonomy similar to the CASAS competency list:

CE = Consumer Economics

CR = Community Resources

H = Health

E =Employment

GL = Government and Law

T = Transitions

WT = Workforce Training

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CASAS Gov’t Law competency:

5.3.2 Identify individual legal and civil rights and procedures for obtaining legal advice.

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Would be re-framed as COAAP 19:

Identify the rights of immigrants in the United States, and access local and state agencies that specialize in these rights.

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Competencies to Objectives

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How to Access COAAP List & Details

Home > Training and Support > California Adult Education Accountability and Assessment > California EL Civics > California Civic Participation and IELCE > Pre-approved Additional Assessment Plan List.

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Select COAAP number. Click Detail to see tasks.

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COAAP 19.1 Prepare Immigration Lawyer Consultation

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COAAP 19.1 (link) Each level completes two tasks

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Task 1: BL-IL Complete an Immigration Lawyer Intake Form

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Task 2: BL-Adv Role Play Consultation with Lawyer

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Task 3: IH-Adv Analyze and Evaluate Legitimate vs. Illegitimate Legal Services

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COAAP 19.1 Meet with Immigration Lawyer Task 1

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Authentic intake form transformed

into a worksheet!

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COAAP 19.1 Meet with Immigration Lawyer Task 1

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Level 1

worksheet

(basic info)

Level 7

worksheet

(more detailed)

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*these worksheets were developed with 10 levels of difficulty

multiple levels

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COAAP 19.1 Meet with Immigration Lawyer Task 1

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Complete the intake form based on a scenario

Task 1 Complete an intake form

Example Scenario

Directions: Read the information about the client.

Ana Torres

📞 213-555-2903� 🇲🇽 From: Guadalajara, Mexico� 🛬 In U.S. since: 2019� 🎫 Tourist visa (expired)� ⏳ Overstayed: 3 years� 💍 Married: Yes (U.S. citizen)� 👧 Children: 1 (U.S.-born)� 👨‍👩‍👧 Family in U.S.: Husband� 🚔 Stopped by police: No

Then write the answers about the client.

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COAAP 19.1 Meet with Immigration Lawyer Task 2

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Task 2 Role Play fictional scenario�

Student pretends to be Rina and answers questions based on Rina’s information.

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Rina Patel is from Gujarat, India. She came to the United States on May 2, 2022. She is here on a student visa, and her visa is still valid. Rina is not married and does not have any children. She lives in the U.S. to study. Her sister lives in Chicago, so she has some family here. Rina has not been stopped or arrested. She is following all the rules and wants to finish her studies in the U.S. and return to India after she finishes her university degree.

Read Scenario and act out Role Play

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Ways to Practice in the Classroom

  1. Post to Canvas (as a passive resource)
  2. Vocabulary worksheets and flashcards
  3. As a Class: Digital Skills building (using Google Lens)
  4. In Groups: Information gap (using fictional details)
  5. In Pairs: Role-play (using fictional details)

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COAAP 19.1 Meet with Immigration Lawyer Task 1

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COAAP 19.1 Meet with Immigration Lawyer Task 2

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Task 3 (IH-Adv only) Find a Valid Lawyer

1.Look for 3 immigration lawyers using your school zip code on the website ailalawyer.com

2. Based on a fictitious client profile, choose three different specialities such as: Family, Asylum, Business, Employment, Naturalization, or Student and Exchange Visitors

3. Research the validity of the lawyer or firm using the website State Bar of California Include credentials (Bar Number,if available, and Status: active/non active, eligible, no disciplinary action, etc.)

4. Include at least three pieces of additional information such as years of experience, location, languages spoken, fees, etc.

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Identify Notario Scam

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COAAP 19.9 Immigrant Rights

COAAP 19.9 (link) Each level completes two tasks

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Task 1 BL-Adv Role Play an Immigration or Police Stop (4th, 5th, 6th Amendments)

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Task 2 BL-IL Complete an Emergency Family Plan

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Task 3 IH-Adv Write a Persuasive Letter about Immigrants’ Rights

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COAAP #19.9: Why? US Culture vs. Native

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Teacher, WHY are we learning this?�

Students need to learn about US Culture and The Bill of Rights (4th, 5th, 6th Amendments) We are Innocent until Proven Guilty

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  • All people living in the U.S. have Constitutional rights (citizens and non-citizens, irregardless of immigration status.)�
  • The more knowledge we have about our rights, the better we are to defend our rights in the moment, and better chances we have later in court.

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  • We do our part! We follow the laws and the Constitution.

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Interactions with officials in native country are different. For example,

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  • Telling your life story to police (get them on your side)

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  • Bribes are an acceptable form of negotiation

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  • May not be “Constitutional Rights” may be a new concept

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  • Immigration rules may different in native country or little or no experience with immigration issues and violations

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EL Civics - COAAP #19.9: Trauma informed

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Trauma informed practices for classroom:

�Start: breathing exercises

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  • Acknowledge that this a sensitive topic.
  • Do not sugar coat it. Students need to understand that they must know how to act, and prepare for a possible encounter with the immigration authorities
  • Warn students that they may feel scared at first, but will feel empowered once they learn about their rights as residents in the U.S.
  • Role playing needs to be done several times. Make it simple: concept + correct words/sentences + repetitions will help students memorize.
  • Writing activities also help students to memorize what to say and identify a situation

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Finish: breathing exercises

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COAAP #19.9 Task 1: Role Play Example

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Learn rights and practice role plays!

Practice English and build confidence for interactions with officials, learn about constitutional rights for everyone who lives in the USA, and understand responsibilities required in cooperating with government authorities.

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You have the right to :

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  • remain silent

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  • ask for a valid judicial warrant

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  • ask to speak to a lawyer

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  • not to sign documents you don’t understand

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Knowing one's rights is not confrontational but is an important aspect of living in the United States.

Role Play Interaction with Official

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  • ICE or Police Officer: Good morning.
  • Parent (walking on street after dropping off children at school): Hello.
  • ICE or Police Officer: Where are you from? Where were you born?
  • Parent: I have the right to be silent. I’m recording you. (starts recording conversation)
  • ICE or Police Officer: Show me your ID.
  • Parent: I want to be quiet. It’s my right. (Show Red Card)
  • ICE or Police Officer: I need to look in your bag for drugs.
  • Parent: Do you have a valid warrant?
  • ICE or Police Officer: Here. (Shows invalid warrant)
  • Parent: That’s not valid. This is not a judge.
  • ICE or Police Officer: Sign this paperwork and you can go.
  • Parent: I will not sign anything without my lawyer. Can I go now?

(Parent then leaves because ICE or Police Officer doesn’t have a valid judicial search warrant or warrant for arrest.)

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COAAP #19.9: Task 1 Realia KYR cards

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How to use Red Cards: At home, on the street, or in the car.

COAAP 19.9 Task 2 Emergency Plan

Documents You Should and Should Not Carry with You. It is your responsibility to follow the law and tell the truth.

§ Carry a valid work permit or green card, if you have one. If you do not have one, generally it is advisable to carry a municipal ID, state ID, or driver’s license if it was issued in the United States and contains no information at all about your immigration status or your country of origin. Ask a local immigration advocate about what kind of documents are safe to carry in your area. 

§  Carry a red card to exercise your right to remain silent in case you are stopped or interrogated by ICE or police officers. 

§ Carry the telephone number of someone who can put your plans and wishes into place, call your immigration attorney, and access your important documents in an emergency.

§  Do not carry any documentation about your country of origin. 

§  Do not carry any false identity documents or false immigration documents.

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Links to Red Card Resources

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COAAP #19.9: Task 1 Realia for Role Play -Warrants, Badges, ID

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COAAP 19.9 Task 1 Role Play

�

  • ​

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COAAP #19.9: Task 2 Emergency Plan

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Read a scenario

Complete the plan.

COAAP 19.9 Family Emergency Plan Task 2

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Disability and Immigrant Rights

  • Disability rights are often not discussed in connection with the rights of immigrants.
  • Stigma in immigrant communities and society at large.
    • Keeping disabilities hidden (or at least not discussed)
    • Discrimination/exclusion
  • However, disability impacts most of us in some way
    • Ourselves - Roughly 1 in 4 adults in the U.S. disabilities.
    • Our families – how many of you have someone with a disability or a chronic health condition in your family?
  • Education about disability rights can have a positive impact on someone’s immigration case.

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Source:https://www.cdc.gov/disability-and-health/articles-documents/disability-impacts-all-of-us-infographic.html

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Disability Accommodations in Immigration Proceedings

  • Some of the types of conditions that may be accommodated in immigration proceedings (e.g., hearings, meetings, immigration notices, etc.):
    • Visual disability
    • Hearing disability
    • Mobility Impairment
    • Chronic illness
    • Cognitive or mental health disability
  • Examples of accommodations include:
    • A sign language interpreter at meetings or hearings
    • Home visits where a person cannot travel due to a disability
    • Allowing a person with limited use of their hands to take written exams orally
    • Large print or audio for persons with visual impairments
  • If a disability-related need is not obvious, you may need to provide proof of the disability-related need from a doctor or other health care provider.

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Medical Exceptions to the Citizenship Exam

  • Could be a physical health issue or illness
  • Could be a developmental or cognitive or mental health disability
  • Your doctor will need to fill out a form explaining how the disability or impairment leaves you unable to meet the English and civics requirement for naturalization.

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Note: There are also age-based exceptions that will depend on how long the person has lawfully resided in the US in addition to their age.

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Extreme Hardship

In some cases a removal (deportation) may be cancelled or inadmissibility to the U.S. may be waived if it would cause extreme hardship to a close family member who is here in the U.S. legally. Examples of extreme hardship may include:

  • A close family member is very sick and depends on the immigrant to help pay medical bills.
  • The immigrant’s children have special needs or disabilities that they receive help for at school or at the doctor. They cannot get that help in their home country.
  • A family member of the immigrant has a mental health condition (including prior trauma) that will make it very difficult for them to lose the support the immigrant provides for them if the immigrant leaves the U.S.
  • The immigrant provides care to a close family member with a disability or medical condition and that care would be significantly impacted if the immigrant were to leave the U.S.

Note: These are limited exceptions with other qualifying criteria. Consult with an immigration attorney for more specifics on the requirements applicable to individual situations.

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Disability Scenario - Extreme Hardship

You have a student who has been in the Country for 10 years and is a single mom of a daughter with intellectual disability and profound autism.

Your student is the sole caregiver. Her daughter was born in the U.S. Your student is worried about being deported and what will happen to her daughter.

She is also hesitant to seek additional supports for her daughter due to concerns about how much they will cost and whether her immigration status will be a factor.

What rights might your student have related to her daughter’s disability?

What resources might be available to your student and her daughter?

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Disability-Related Resources

Regional Center-Developmental and Intellectual Disabilities

Offers diagnosis and assessment for children whose disability onset happens before age 18 – if the child qualifies, there are robust services and supports available.

https://www.dds.ca.gov/general/eligibility/

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California Dept. of Health Care Services Guide to Medi-Cal Immigrant Eligibility:

https://www.dhcs.ca.gov/keep-your-Medi-Cal/Pages/Medi-Cal-Immigrant-Eligibility-FAQs.

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Disability Rights California (statewide, cross-disability organization; provides counsel and advice and some direct services): https://www.disabilityrightsca.org/get-help

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Disability IN: Disability Etiquette Brochure (May be helpful for teachers working with ESL students with disabilities): https://disabilityin.org/resource/disability-etiquette/

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Moving towards advocacy

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Stigma/Avoidance

- Avoidance of the topic of disability

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Awareness

- Awareness and acceptance

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- Teachers can play a role in awareness and positive depictions of disability

Discussion with close family

- Discussion with close family or "inner circle"

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- Discuss or seek help from others:

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- Screening/ assessment

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Exercise Rights

- Self-advocate

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- Work with attorney or community advocates

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ESL practice terms related to extreme hardship and other disability-based exceptions

Disability

  • Physical
  • Mobility (wheelchair, walker, cane)
  • Hearing impairment (and deafness)
  • Visual impairment (and blindness)
  • Mental illness (mental health)
  • Developmental or cognitive disability

Doctor

  • Doctor’s note
  • Medical records
  • Doctor’s office
  • Health clinic

Health condition

  • Illness
  • Chronic condition
  • Chronic care

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Additional practice terms related to extreme hardship and other disability-based exceptions

  1. Children
  2. Parents
  3. Older, aging
  4. Support (and support network)
  5. Caregiver (caregiving)
  6. Home country
  7. Trauma
  8. Cost
  9. Availability (of services)
  10. Breadwinner
  11. Mental health services
  12. Behavioral health services
  13. Special education
  14. Therapy (physical, mental health, and occupational health)

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KYR Resources

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Prepare for Immigration Consultation Resources

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COAAP 19.1 Identify Fraud Task 3

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Resources for Teachers and Students

For teachers wanting information about recent changes and Executive Orders:

The American Immigration Council: https://www.americanimmigrationcouncil.org/

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For ESL students seeking information about the immigration system, including recent changes, along with resources for recent immigrants and refugees: USA Hello (they have information in over 20 languages on their website): https://usahello.org/

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For ESL students or others looking to find an immigration attorney: The American Immigration Lawyers Association’s Find an Immigration Attorney website: https://ailalawyer.com/

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El Centro Legal de La Raza (Bay Area): Provides some direct representation in immigration matters and also work with pro bono attorneys. https://www.centrolegal.org/immigrants-rights/

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Al Otro Lado (Southern California-based): Some direct representation in immigration proceedings and for those in immigration detention): https://alotrolado.org/us-based-legal-representation

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Q & A

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Let’s stay in touch:

Join CATESOL & RC-IG: https://www.catesol.org/

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FB Group:

https://www.facebook.com/groups/630988415631207

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Watch and share the first webinar: https://www.youtube.com/watch?v=dwxfpIcclnM

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bit.ly/KYRCATESOL & QR Code for Slides:

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Thank You!

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Contact Information:

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Attorneys/ESL Teachers:

Marc Santamaria Marc@usimmigrationplan.com

Stuart Seaborn seabornlegal@outlook.com

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EL Civics Educators:

Maren Anton antonm@mdusd.org

Jennifer Gagliardi jgagliar@musd.org

Tatiana Dutra e Mello dutraemellot@mdusd.org

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bit.ly/KYRCATESOL

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