The Arc Board Releases Statement Strongly Opposing ICE Enforcement Activities

The Arc of California stands in firm opposition to the harmful and discriminatory immigration enforcement practices carried out by U.S. Immigration and Customs Enforcement (ICE) throughout California. These actions are executed by masked agents without clear identification. The agents have violated Constitutional Rights to due process and have caused fear, disruption, and trauma across entire communities, including people with intellectual and developmental disabilities, their families, and the workers who support them.

There have been several high-profile cases of U.S. citizens with disabilities being wrongfully detained and deported by ICE agents. These incidents highlight systemic failures within ICE and the federal government to protect the rights of individuals, particularly those with mental health issues or intellectual and developmental disabilities, during immigration confrontations. ICE raids, including boarding transportation vehicles, detaining caregivers, and conducting surveillance near schools, have had a chilling effect on community trust and well-being. These tactics are particularly devastating for individuals with disabilities, who rely on stable routines, trusted relationships, and consistent access to care. When a parent, caregiver, or support staff is detained or deported, the consequences are immediate: care is interrupted, trauma is inflicted, and access to services is lost.

Fear spreads far beyond those directly targeted. Students with and without disabilities are increasingly afraid to attend school. Families are avoiding regional center community-based programs, clinics, and other essential support services out of fear of being profiled or surveilled. This climate of fear violates basic civil rights and threatens all the support systems our state has worked hard to build. Even if a person has satisfactory immigration status, there is fear that their Constitutional rights to due process will not be honored and provide any protection.

Furthermore, our workforce is the backbone of California’s disability service system. Hundreds of thousands of caregivers, personal attendants, drivers, and home aides, the majority of whom are non-white individuals, work every day to ensure that people with disabilities live with dignity and independence. Just a few years ago, we all relied on these same essential workers to carry us through a pandemic, but today tactics of intimidation are creating fear, putting the entire system of community-based disability support at risk.

We call on local, state, and federal leaders to take immediate action:

Ban ICE presence in all disability-related spaces, including regional centers, schools, clinics, community agencies, and transportation services. These must be protected zones where individuals with disabilities and their families can get the supports and services they need.
Prohibit the use of masked or unidentified agents in any enforcement activity. Senate Bill 627, introduced by state Sen. Scott Wiener (D-San Francisco), if passed will prohibit law enforcement at all levels from engaging in extreme masking to conceal their identity.
Enforce Constitutional rights to due process. All immigration actions must uphold basic due process and be conducted with full transparency and accountability.
Enact permanent protections for disability households, ensuring that no person with a disability loses a parent, guardian, or caregiver due to immigration status, and that families are not separated under any circumstance.
Protect and stabilize the workforce by providing legal safeguards, pathways to work authorization, and urgent protection for direct support professionals and family care workers across the state.
Maintain privacy of Medicaid/Medi-Cal beneficiaries following Immigration and Customs Enforcement officials being given access to the personal data of Medicaid enrollees, including home addresses and ethnicities, which is a violation of privacy rights.

This is not just a disability issue. It is a human rights issue. We will not allow fear and cruelty to replace care and community. We demand dignity, safety, and justice for every family, every worker, and every person with a disability who calls California home.

Click HERE to view video message from Jordan Lindsey, Executive Director, The Arc of California.

Sincerely,

Pat Hornbecker, President, The Arc of California Board of Directors

Protecting Disability Communities: The Arc of California Responds to Federal Immigration Data Sharing with ICE Agents

It has been reported to The Arc of California that disability service providers in California have been targeted by ICE and that both the participants with disabilities and the direct support staff are being questioned. Additionally, the Associated Press reported that the federal Centers for Medicare and Medicaid Services, known as CMS, this week provided Medicaid information for several states, including California, to deportation officials at the federal Department of Homeland Security. CMS serves as the focal point for federal health insurance programs such as Medicaid (Medi-Cal in California). These critical health coverage programs serve millions of families, children, pregnant women, adults without children, and also seniors and people living with disabilities.

We do not know exactly what information was shared, but this is what we do know:

- Families within our collective disability community are living in fear.
- Regional centers are committed to providing services for all clients, regardless of their immigration status.
- Regional centers do not track undocumented individuals and are NOT involved in immigration enforcement.
- Regional centers have been instructed by the California Department of Developmental Services (DDS) to reach out to certain individuals and families to make sure urgent needs are addressed and services can continue.
- Regional centers will prioritize requests for Individual Program Plan (IPP) and Individual and Family Service Plan (IFSP) updates to help with changing family needs, like more time at home or not going to summer school or summer programs.
- Allow meetings, including IPP and IFSP meetings, to happen remotely using telephones or computers.
- Expedite temporary housing and transportation assistance for displaced families

In response to the sharing of data between CMS and deportation officials, the California Health and Human Services Agency’s Secretary Kim Johnson has asked us to share the following message: “California’s system of developmental disability services is an entitlement for ALL eligible Californians with intellectual or developmental disabilities, regardless of who they are. We take very seriously our obligation to follow state and federal laws that protect your information and limit when and how it can be shared.” Governor Gavin Newsom also published a response to this major violation of privacy.

The Arc of California calls on our community, including regional centers and all service providers, to courageously provide information to any and all families that may be impacted or fearful at this time.

El Arc de California and Congreso Familiar will be hosting a live webinar with Immigration Attorney Meredith Brown on Wednesday, June 18 from 1:00 to 2:00 p.m. via Zoom. The webinar will be conducted in Spanish with English interpretation. Get your questions answered and learn how you can be prepared for interactions with ICE agents. Click HERE to register.

Here are some resources to stay informed and help navigate this situation:

- WATCH webinar: Empowering the Latino Community: Virtual Workshop on Immigration and Disability – https://youtu.be/1aJYaD7ptps?si=hM6INhLaNi0qOKOy
- DOWNLOAD Know Your Rights Resources Document in English and Spanish
- ORDER Red Cards: https://tinyurl.com/39rry2h7
- PRINT your own Red Cards: https://tinyurl.com/kx3s669y

- VIEW DDS Directive on Access to Client Information
  - - Plain language Version and in Spanish

At The Arc of California, we stand firmly with immigrant families in our disability community. You are not alone. Regional centers and service providers across the state are committed to protecting your rights, ensuring continued access to services, and standing against fear and discrimination. No matter your immigration status, you are valued, and you deserve to live with dignity, safety, and support. Please use the resources provided, attend the upcoming webinar, and reach out if you need help. We are here for you—always.

Know Your Rights! Support for Immigrants

By Joe Perales, Director, El Arc de California

Immigrants, whether documented, undocumented, United States (U.S.) citizens or non-citizens, play a vital role in shaping communities across the country. Yet, many experience significant challenges, including harassment, discrimination, and uncertainty about their rights. It is crucial to understand that everyone in the U.S.—regardless of immigration status—is entitled to basic protections under the law.

The Arc of California and El Arc de California have put together some general guidelines to help immigrants know their rights, where to report harassment or discrimination, and how to seek assistance if experiencing barriers. This information was gathered from various credible sources listed at the end of this document.

CLICK HERE TO DOWNLOAD GUIDE IN ENGLISH

CLICK HERE TO DOWNLOAD GUIDE IN SPANISH

President-Elect Trump Proposes to Separate Families – Information and Resources are Available to Support Families

By Jordan Lindsey, Executive Director, The Arc & UCP California Collaboration

In a recent interview, President-Elect Donald Trump discussed how his anticipated policy proposal of mass deportation would separate families. This would likely include separating parents from their children with developmental disabilities. If the policy of “public charge” from Trump’s first term is an indicator, people with disabilities may actually be targeted for deportation. The Arc of California’s sole mission is to promote and protect the human rights of people with developmental disabilities and to support their full inclusion and participation in the community throughout their lifetimes, which includes protecting the support provided by the individual’s parent or caregiver. The Arc of California’s mission does not discriminate against a person’s citizenship or immigration status. Therefore, in preparation for proposals promised by the incoming federal administration, The Arc of California has compiled several resources to support families that may be impacted:

Immigration Webinar: Register for the El Arc de California webinar on immigration for Spanish-speaking individuals and families (on December 17, 2024 at 3:00 p.m. (PST). The webinar will be conducted in Spanish with ASL and English interpretation. Click HERE to register.
Red Cards: All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The Immigrant Legal Resource Center (ILRC) Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home. We encourage all regional centers, disability service providers, and other disability groups and organizations to order the free Red Card from the ILRC and deliver the cards to families that may be impacted. The cards and shipping are completely free. Please use the order form here to place your Red Card order .
Make Informed Decisions: As a result of the policy of Public Charge during Trump’s first term, we know that many families were afraid to continue receiving publicly funded services such as early intervention services for infants with developmental delays or therapies for children with complex medical conditions. These are difficult risks for a family to weigh and challenging decisions to make. We want to make sure you have the resources to make informed decisions.

Regional centers will not collect social security information from parents. They are only required to collect the birthday and disability status of the parents.

The State Bar of California provides a list of organizations that provide free legal aid to Californians whose income is at or below 200% of the federal poverty level. The list of organizations can be found here. The organizations with “immigrant” or “immigration” in their name are organizations likely able to assist families with questions regarding immigration.

Please know that all of us at The Arc of California are doing everything we can to educate, inform and empower individuals with disabilities, their families and the workforce about any changes to policies or funding that may impact lives. We are committed to protecting and preserving the human and civil rights of Californians in the disability community.

Administration Appears to Reverse Decision to Deport Critically Ill Children After Pressure from Oversight Committee

Following compelling testimony given September 11th at an emergency hearing of the House Committee on Oversight & Reform, including testimony from Isabel Bueso of Concord, CA, the Department of Homeland Security (DHS) has appeared to reverse their prior decision to eliminate deferred action for children with critical medical needs and their families. The Committee issued a press release after receiving a letter from DHS stating: “If today’s statement is accurate, it appears that the Trump Administration is reversing its inhumane and disastrous decision to deport critically ill children and their families who are receiving life-saving medical treatment in the United States…we will be taking additional steps to verify that these children and their families do not need to live in fear and uncertainty.”

Isabel Bueso and her family moved to California from Guatemala 16 years ago at the invitation of UC San Francisco; however, this August, they received a letter from U.S. Citizenship and Immigration Services (USCIS) stating that they must leave the country within 33 days or face deportation. If Isabel is forced to leave the country she would be separated from life-saving treatments received weekly as part of an ongoing clinical trial. This reversal will provide temporary relief to the nightmare for the Bueso family; however, Isabel plans to lobby Congress to find a long-term solution, stating in an interview with the New York Times that “We have to find a permanent solution so that families like mine don’t have to go through this again.”

Watch Isabel Bueso’s Testimony About Medically Deferred Action for Critically Ill Children

Isabel’s testimony begins at 53:00 in the video – and she is consistently asked questions throughout the hearing.

Isabel Bueso from Concord, CA, gives testimony to the U.S. House Oversight & Reform Committee about the importance of maintaining medical deferred action for medically fragile children and adults.

Isabel and her family moved to California from Guatemala 16 years ago at the invitation of UC San Francisco; however, this August, they received a letter from U.S. Citizenship and Immigration Services (USCIS) stating that they must leave the country within 33 days or face deportation. If Isabel is forced to leave the country she would be separated from life-saving treatments received weekly as part of an ongoing clinical trial.

Isabel’s mother, Karla Bueso, is a 2007 graduate of Partners In Policymaking, an advocacy training program for people with disabilities and parents of children with disabilities that was coordinated by The Arc of California.

Developments and Resources for the Public Charge Rule

September 9, 2019 – The Arc and seventeen other national disability advocacy groups filed an amicus brief in support of litigation to stop the U.S. Department of Homeland Security (DHS) from implementing its new “public charge” rule. The advocacy groups – representing tens of thousands of people with disabilities and their families across the country – claim that the new public charge rule will prevent people with disabilities from entering this country or becoming legal residents in violation of federal disability law.

Peter Berns, CEO of The Arc said, “This new policy is devastating to many people with intellectual and developmental disabilities and their families. It discourages immigrant families from utilizing critical public services out of fear of harming their immigration status. The rule will increase poverty, hurt public health, and worsen housing instability. It’s the latest callous tactic in restricting access to necessary services and supports. The Arc continues our work to ensure that non-citizens with any type of disability have a fair opportunity to enter and reside legally in the U.S., without unnecessary or discriminatory restrictions based on their disability.”

September 11, 2019 – The California Health and Human Services Agency responds to the rule by issuing an up to date public charge guide available here. This guide is a vital resource for those who think this rule may affect them and anyone working with people with disabilities and their families in the state of California.

The Arc of California Stands with Isabel Bueso and Denounces Deportation of Medically Fragile Residents

Isabel Bueso lives in Concord, CA, is 24 years old, a recent graduate with honors of Cal State East Bay, and has an extremely rare and potentially fatal genetic disease called MPS-6. Isabel and her family came to California when she was seven years old at the invitation of UC San Francisco to test a new drug, and continues to receive weekly infusions of the life-saving drug at the hospital. The Bueso family has lived in California for 17 years under visas and Deferred Action based on humanitarian purposes and medical exemptions; however, two weeks ago they received a letter from U.S. Citizenship and Immigration Services (USCIS) stating “Your period of authorized stay has expired. You are not authorized to remain in the United States.”, and allowing 33 days for the family to leave the country voluntarily or forced removal proceedings would begin. The drug Isabel’s life depends on is not available in Guatemala and her doctors have stated that without the drug Isabel’s health would rapidly deteriorate and she would die, likely within months.

I first met Karla Bueso, Isabel’s mother, in 2007 when she participated in Partners In Policymaking, an advocacy training program for individuals with developmental disabilities and parents of children with disabilities. The Arc of California, in coordination with other family-based advocacy organizations, was running the program and I was hired as the director. Karla participated intently in the six month long training and would often share the challenges and successes she experienced. She passed that training on to her daughter Isabel, who has become an inspiring advocate at the state and national level for the rare disease community. In an interview this week Isabel said, “Before you advocate for others. Now I find I have to advocate for my own life. It’s scary.”

The Bueso family has received support from Congressman Mark DeSaulnier and Senator Kamala Harris’ office, who are seeking ways to assist. Unfortunately, the Bueso’s attorney, Martin Lawler, has stated that the federal administration has offered no appeals process. With a lack of options, the Bueso family reached out to media and is also reaching out to you and me. This week their story was shared on the Rachel Maddow show, in the New York Times, and their local news KTVU. They have also created a Change.org petition, and the family is asking that everyone sign it to create noise that can’t be ignored by the federal administration.

People with disabilities and parents of children with disabilities often face hurdle after hurdle with no other option but to overcome. For Isabel, Karla, and the Bueso family, this is a matter of life or death, one that I hope and pray is overcome.

SIGN THE PETITION NOW

UPDATE Monday, September 2: According to the New York Times the Trump administration is now reconsidering “its decision to force immigrants facing life-threatening health crises to return to their home countries.” To read the full article click here. https://www.nytimes.com/2019/09/02/us/trump-immigration-deferred-action.html

UPDATED: The Arc Responds to Cruel DHS Public Charge Rule That Hurts People with Disabilities and Their Families

NEW RESOURCES AVAILABLE: Know Your Rights from Protecting Immigrant Families

The Arc denounces the harmful rule that was finalized by the U.S. Department of Homeland Security (DHS) on Wednesday, August 14. This new rule discriminates against people with intellectual and developmental disabilities (I/DD) and their families, among others. It allows the federal government to deny admission into the U.S. and unfairly restructures immigration in a way that is detrimental to individuals based on their disability and the use of vital programs like Medicaid.

The DHS final rule means the government will consider a significantly expanded list of factors to determine whether a person will be considered a “public charge.” A public charge is a person that the government thinks will (currently or in the future) be dependent on the government for support. The rule will hurt children and adults based on disabilities and chronic conditions. The use of many programs such as most Medicaid services (including regional center services and Media-Cal), the Supplemental Nutrition Assistance Program (SNAP or also referred to as CalFresh), housing assistance, and other important benefits will also be considered in the public charge test. DHS acknowledges that the new rule may have an outsized impact on people with disabilities.

“This new policy is devastating to many people with intellectual and developmental disabilities and their families. It discourages immigrant families from utilizing critical public services out of fear of harming their immigration status. The rule will increase poverty, hurt public health, and worsen housing instability. It’s the latest callous tactic in restricting access to necessary services and supports. The Arc continues our work to ensure that non-citizens with any type of disability have a fair opportunity to enter and reside legally in the U.S., without unnecessary or discriminatory restrictions based on their disability,” said Peter Berns, CEO, The Arc.

The Arc opposed the rule and submitted comments with the Consortium for Citizens with Disabilities when the rule was proposed in 2018.

What Do We Do Now?

This rule has already had a chilling effect on Californians with disabilities in need of public services. It is critical that families, advocates, regional centers, service providers, county administrators, and more make specific outreach efforts to individuals and families that are disenrolling from services and supports. Knowledge and information is most important right now. Here are a few facts:

The public charge regulation does not apply to lawful permanent residents (green card holders) applying for citizenship, refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others.
The rule won’t go into effect until mid-October, and it is only prospective, meaning that any services or supports used before then would not be considered.
The State of California is filing a lawsuit and will seek a preliminary injunction to stall enforcement of the new rule until the courts rule whether or not it is legal. Many other organizations are also filing lawsuits. You can view the press conference with Governor Newsom and Attorney General Xavier Becerra announcing the lawsuit here.
Some public services are not included in the rule, including Children’s Health Insurance Program (CHIP) and pregnant mothers.

There are many organizations contracted with the state to provide free legal assistance to immigrant families that are concerned about the new rule. The California Department of Social Services has a list of organizations throughout the state that will answer questions and provide information, education, and/or outreach services specifically related to public charge. Local disability organizations are encouraged to contact one of these organizations in their region to coordinate outreach activities. https://www.cdss.ca.gov/Benefits-Services/More-Services/Immigration-Services/Immigration-Services-Contractors/Public-Charge-Contact-List

The Arc Responds to Cruel DHS Public Charge Rule That Hurts People with Disabilities and Their Families

The Arc denounces the harmful rule finalized by the U.S. Department of Homeland Security (DHS) on Wednesday, August 14. This new rule discriminates against people with intellectual and developmental disabilities (I/DD) and their families, among others. It allows the federal government to deny admission into the U.S. and unfairly restructures immigration in a way that is detrimental to individuals based on their disability and the use of vital programs like Medicaid.