Megan Horn Essaheb, Staff Attorney & Policy Analyst, Farmworker Justice

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Farmworker Justice Elizabeth Cuna, Development & Managing

1 IMMIGRATION UPDATE FROM THE FARMWORKER LENS: ADMINISTRATIVE RELIEF Megan Horn Essaheb, Staff Attorney & Policy Analyst, Farmworker Justice Elizabeth Cuna, Development & Managing Coordinator, New Mexico Dream Team ListoNM Campaign Dreamers November 9, 2015

2 Farmworker Justice is a nonprofit organization that seeks to empower migrant and seasonal farmworkers to improve their living and working conditions, immigration status, health, occupational safety, and access to justice.

3 New Mexico Dream Team s mission is to advocate for immigration rights, justice, dignity, and to increase access and success for immigrant/undocumented students and families to higher education, health, ensure well being and dignified ways of living in New Mexico NM Dream Team is a Southwest affiliate of United We Dream and part ListoNM Campaign and it s vision is to build sustainable infrastructure for the immigrant community to build leadership development for community capacity.

4 PRESENTATION LEARNING OBJECTIVES To challenge your understanding on immigration, undocumented immigrant youth, families and farmworkers Understand the implications of currently Deferred Action for Childhood Arrivals (DACA) of 2012 To understand the new deferred action program for parents (DAPA) and Expansion of DACA To understand TEXAS vs. US Court Order Lawsuit

5 COMMUNITY AGREEMENTS Confidentiality when we share case studies Active Listening and Participating Respect I Statements Support each other growth Be honest in your knowledge and open dialogue Phones turned off/on silent Ask Questions Have Fun!

6 HUMAN BINGO: IMMIGRATION/IMMIGRANT & FARMWORKERS TERMINOLOGY How many terms do you know? Go around the room and find a person who knows one of the terms on the sheet Once you find that person ask them what the term means and how they learned about it. Once your conversation is over have them initial the box Continue to go around the room and ask people for their knowledge on the terms The goals is to get a BINGO by finding a different person for each of the terms and fill in an entire column or row. NOTE: You are allowed to initial one box on your own sheet for a term that you know!

7 ADMINISTRATIVE RELIEF o o o o o New deferred action program for parents (DAPA) Expansion of DACA Changes to enforcement priorities Promoting citizenship/ naturalization Changes to visa programs for highskilled workers Earl Dotter

8 HOW MANY FARMWORKERS COULD BENEFIT FROM ADMIN RELIEF? Roughly 784,000 farmworkers and their family members are eligible for DAPA or DACA According to the Migration Policy Institute, there are 34,000 undocumented immigrants that are eligible for the DACA/DAPA across New Mexico and 24,000 of them from the rural areas of New Mexico.

9 TEXAS V. US COURT ORDER The order does not affect: The current DACA program Other parts of the executive action such as the new enforcement priorities memo Potential DAPA and extended DACA applicants should continue to collect their documents & save money for application fees.

10 TEXAS V. US COURT ORDER A district court judge has blocked the implementation of DAPA & Expanded DACA We are waiting for a decision from the 5 th Circuit Court of Appeals

11 DAPA: DEFERRED ACTION FOR PARENTS OF AMERICANS AND LAWFUL PERMANENT RESIDENTS DAPA is a deferred action program for parents who have been in the US since before January 1, 2010 and who have a son or daughter who is a US citizen or a Lawful Permanent Residents (LPR). The DAPA Program Provides protection from deportation for three years Allows applicant to seek work authorization that lasts three years. Participants may re-apply after three years Participants may also apply for a social security number and, in some states, may apply for a driver s license. DAPA does NOT Grant individuals permanent immigration status. The program may change or be terminated in the future.

12 DAPA: DEFERRED ACTION FOR PARENTS OF AMERICANS AND LAWFUL PERMANENT CAUTION RESIDENTS PROGRAM There is NO application process yet. There are no lines or waiting lists for future applications. Immigrants should be warned to avoid unscrupulous persons who seek to defraud them. Interested persons should seek advice from a trusted community organization or an immigration lawyer.

13 DAPA PROGRAM ELIGIBILITY REQUIREMENTS Immigrants may be eligible if: (1) They have least at one son or daughter who is a US citizen or LPR, and who was born on or before November 20, 2014; (2) They have been living in the US since before January 1, 2010; (3) They were in the US and out of status on November 20, 2014; and (4) They have not been convicted of certain crimes or engaged in certain illegal activity. The application cost will be $465.

14 DAPA PROGRAM ELIGIBILITY REQUIREMENTS (1) Applicants must have one son or daughter who is a US citizen or LPR The child must have been born on or before November 20, 2014 To qualify, the US citizen or LPR child may be any age, married or unmarried

15 DAPA PROGRAM ELIGIBILITY REQUIREMENTS (2) Applicants must have lived in the US since before January 1, 2010; Individuals who left the country and returned during this period may still be able to qualify. They should talk to a trusted community organization about their departure. (3) Applicants must have been in the US and have no immigration status on November 20, 2014; and, A document with the applicant s name and a date close to November 20, 2014 should be submitted.

16 DAPA PROGRAM ELIGIBILITY REQUIREMENTS (4) Individuals must not have been convicted of certain crimes or engaged in certain illegal activity. Individuals convicted of a felony, 3 or more misdemeanors; a significant misdemeanor or who are considered dangerous or a national security threat will not be eligible. Individuals with certain minor criminal convictions (some misdemeanors or lesser crimes) may still qualify and are encouraged to apply. Immigration status-related convictions and traffic violations will not be considered as disqualifying crimes.

17 DAPA PROGRAM ELIGIBILITY REQUIREMENTS (4) Certain crimes and criminal activity, cont d. Certain misdemeanors: eg., driving under the influence or domestic violence are likely to disqualify applicants. Extenuating circumstances may be considered for these individuals. They should be encouraged to speak to an immigration lawyer. We expect more receive information about disqualifying crimes from USCIS. Potential applicants who have had interactions with law enforcement should obtain their criminal records and speak to a trusted community organization or an immigration lawyer for more information.

18 DAPA PROGRAM ELIGIBILITY REQUIREMENTS Final Note: DAPA will be decided on a caseby-case basis. Adjudicators may consider other factors that would make a grant of deferred action inappropriate.

19 CHANGES TO DACA ELIGIBILITY DACA will last for 3 years instead of 2 years for both applications and renewal applications. When the program is in place, the following expanded criteria will take effect: 1) There will no longer be an upper age limit to apply The requirement that applicants must have been under the age of 31 as of June 15, 2012 will be eliminated. 2) Applicants must have lived continuously in the US since before January 1, 2010 The requirement that applicants lived continuously in the US since June 15, 2007 will be changed.

20 CHANGES TO DACA ELIGIBILITY Other requirements for DACA eligibility remain in effect: Applicants must meet certain educational criteria, such being enrolled in an educational program or having a high school diploma or GED o To qualify, otherwise-eligible applicants may enroll in an adult education class, including certain vocational education, ESL or GED classes; Applicants must have not committed certain crimes. ofor example: one felony conviction, 3 misdemeanors or 1 significant misdemeanor (includes DUI, burglary domestic violence charges, drug distribution or trafficking, etc.) make individuals ineligible.

21 NEW MEXICO CHALLENGES FOR DACA APPLICATION AND RENEWAL

22 DACA ELIGIBILITY Don t forget! Children become eligible for DACA when they turn 15, so there are new people becoming eligible every day. Earl Dotter

23 DACA RENEWAL USCIS is accepting DACA renewal applications now. For both new DACA applications and renewal applications, applicants should be sure to use the new application forms available at Renewal applications should be submitted between 4 and 5 months before the current period expires.

24 HOW TO PREPARE FOR THE DAPA PROGRAM Potential applicants should start gathering documents now that will help prove that they are eligible

25 HOW TO PREPARE FOR THE DAPA PROGRAM Proof of identity: such as a passport, matrícula consular, or birth certificate and a photo ID. Proof that they were in the US on November 20th, 2014 Proof of a US citizen or LPR son or daughter: such as child s birth certificate with parents name on it. Proof that of residence in the US since before January 1, 2010: Collect documents that include their name and the date to show that they have been in the US since before January 1, 2010 up to the date of the application. Note, some short trips outside the country may be OK.

26 HOW TO PREPARE FOR THE DAPA PROGRAM Examples of documents that may be used to show presence in the US: Leases, rental agreements, property titles (house, car) Medical records: the applicant s or the applicant s child s if it includes the applicant s name Driver s license or photo ID (the date issued on the card can be used) School records or other attendance certificates (if it is a child s record, it should have the applicant s name on it)

27 27 DACA ELIGIBILITY You might qualify for DACA if: (1)You came to live in the U.S. before June 15, 2007; (2)You came to the U.S. before your 16th birthday; (3)You were born after June 15, 1981; (4)You had no immigration status on June 15, 2012 (and no immigration status when you apply for DACA) and (5)You graduated high school; got a GED; or you 10/13/2015 are in school or taking classes now. You can go back to school or take classes to qualify. Not all

28 THE EDUCATION REQUIREMENT o Farmworkers faces many barriers to accessing DACA o Farmworkers on average have an 8 th grade level of educational attainment o New Mexico Farmworkers & Students face major barriers: o o o Caged geographical location Educational GAP: SB582 Lack of information and education in the field and educational seetings

29 29 WHAT DOES USCIS SAY ABOUT THE DACA EDUCATION REQUIREMENT? To qualify for DACA you must: 1. Have High School Diploma/GED certificate/ Honorable Discharge from U.S. Armed Forces OR 2. Be considered currently in school under the guidelines on the date you submit your DACA request 10/13/2015

30 30 WHAT DOES USCIS SAY ABOUT THE DACA EDUCATION REQUIREMENT? To be considered currently in school, a person must be enrolled in qualifying educational institutions and programs, including (DACA FAQs #33-#34. #37-#38): 1. Public, private, or charter schools that meet state requirements 2. Program to help obtain high school diploma, its equivalent or GED 3. Education, literacy, or career training program (including vocational training) 4. ESL programs 10/13/2015

31 31 WHAT EVIDENCE IS ACCEPTABLE AS PROOF? High School Diploma (or other equivalent, such as certificate of completion) GED certificates Acceptance letters School registration cards/receipts Letters from school or program officials (enrollment verification and program description) Transcripts (do not have to be official) Report cards Progress reports which may show the name of the school or program, date of enrollment, and current educational or grade level, if relevant Enrollment and class history documents showing active enrollment School IDs (these should be supplemental and not used alone to prove requirement) Program website page that includes program description, accreditation, funding sources, or other crucial information 10/13/2015

32 32 COMMON ISSUES Insufficient information for proof of current schooling Non-accredited institutions Letters indicating that the institution that awarded the diploma or certificate was not found under the list of valid, accredited institutions. Enrollment in an educational institution or program not recognized by the Board of Education (ex. fake online high schools). Question about current enrollment at time of application and by the time the RFE arrives. Please submit evidence to substantiate your current enrollment or attending classes at the time of filing. School program is not described clearly Question about what the end goal is and the expected completion date of the program. 10/13/2015

33 33 BEWARE OF SCAMS! If the school sounds too good to be true, it probably is! Some online schools will offer a very quick high school diploma program-- this is usually a scam! Some programs ask you to pay and then don t require you to attend classes. If you ve already received a diploma and are not sure if the school you attended is legitimate Research the institution that awarded you your diploma to verify their qualifications under USCIS s requisites for recognized institutions and programs. DO YOUR RESEARCH! 10/13/2015

34 34 A FEW TIPS! Having a high school diploma is the minimum requirement If you already obtained your HS diploma or GED, you have the DACA education requirement fulfilled! What do I do if I ve dropped out of high school and haven t gone back? See if your local school districts have opening in their adult schools (this can include high school districts or community college districts). Get enrolled in a program and make sure you stay enrolled and continue attending the program...at least until you get your final DACA decision. If your school doesn t belong to a school district, check to see if it s listed as an accredited institution. Vocational or job training also counts if it will put you on route to job placement. 10/13/2015

35 35 NONPROFITS CAN HELP PEOPLE MEET THE EDUCATION REQUIREMENT -Consider offering English language classes -Several nonprofit organizations have successfully created English language classes for otherwise eligible DACA applicants - These include job training programs that are then able to enroll students who receive DACA in their job training programs - The English language classes have been funded by the participants 10/13/2015

36 WHAT CAN YOUR ORGANIZATION DO? Be Sources of Reliable Information Post flyers & contact information for reliable local service providers in office or other public areas. Outreach workers can answer questions and dispel misinformation Keep records of meetings with the names of participants and provide copies to applicants Help individuals collect their documents: go through a check list with them

37 HOW WILL DAPA & DACA AFFECT PARTICIPANTS ACCESS TO HEALTH INSURANCE? Health Insurance Marketplaces: DACA recipients are not eligible to enroll in the marketplace or receive subsidies DAPA recipients will likely not be eligible to enroll in the marketplace or receive subsidies. Guidance from CMS should be forthcoming. Medicaid: In most states recipients of DACA & DAPA will be ineligible for Medicaid. States such as CA & NY have elected to cover DACA recipients with their own funds and may cover DAPA recipients as well.

38 POSITIVE HEALTH EFFECTS FOR DAPA & DACA RECIPIENTS Better access to transportation, especially in states where DACA & DAPA recipients can apply for drivers licenses More likely to seek medical care when injured or ill Improved mental health Improved working and living conditions Opportunities to seek employment with employers who provide benefits, including health insurance coverage

39 WHAT CAN HEALTH CENTERS DO? Be Sources of Reliable Information Post flyers & contact information for reliable local service providers in waiting rooms and common areas. Outreach workers can answer questions and dispel misinformation Be Prepared to Provide Medical Records to Potential Applicants or their Children Help individuals collect their documents: go through a check list with them before they go to a clinic. Staff can also volunteer at DACA & DAPA clinics in their free time

40 CAUTION! AVOID IMMIGRATION FRAUD There is no DAPA application process yet! Farmworkers should be cautious about where they get their information from and who they give money to. Remember, in the US, notarios públicos are not lawyers and cannot give legal advice or fix immigration papers.

41 SI SE PUEDE NETWORK A loosely affiliated network focused on building capacity of immigration legal services and community outreach in rural and farm worker serving communities Network for both legal services providers and non-legal service providers Main goal is to reach as many farm worker families as possible and connect them with reliable information and resources to diminish fraud

42 RESOURCES -Website in Spanish with resources and information for the community Website with tools for agencies to provide more information about Admin Relief. Website in English with some Spanish resources. To sign-up for Farmworker Justice s immigration updates, mhorn@farmworkerjustice.org

43 QUESTIONS

44 FOR MORE INFORMATION Megan Horn Essaheb Eli Cuna

DACA. Deferred Action for Childhood Arrivals

DACA. Deferred Action for Childhood Arrivals DACA Deferred Action for Childhood Arrivals DEFERRED ACTION On June 15, 2012 President Barack Obama announced that the U.S. department of Homeland Security (DHS) Would not deport certain undocumented youth