Immigration Law MCLE Meeting Bar Center Classroom 9/13/17

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Immigration Law MCLE Meeting Bar Center Classroom 9/13/17 11:45 AM Noon Welcome/Introductions Neil Levine, Section Vice Chair Noon 1:00 PM Program DACA & What Comes Next Rocio S.

1 Immigration Law MCLE Meeting Bar Center Classroom 9/13/17 11:45 AM Noon Welcome/Introductions Neil Levine, Section Vice Chair Noon 1:00 PM Program DACA & What Comes Next Rocio S. Becerril, Law Office of RSB Rocio S. Becerril practices in the area of Immigration Law. In 2002 she received her Bachelor of Arts in Communications and a Bachelor of Arts in French from the University of Illinois at Chicago (UIC). In 2004 she received her Masters in Business Administration (MBA) from the University of Illinois at Springfield (UIS). In 2009 she received her Juris Doctor (JD) from Northern Illinois University College of Law (NIU). Ms. Becerril founded the Law Office of RSB in She currently has an office in Chicago, Illinois and an office in the Western Suburbs in Warrenville, Illinois. Ms. Becerril is a member of the American Immigration Lawyers Association, the Chicago Bar Association, the Hispanic Lawyers Association of Illinois, the Illinois State Bar Association, and the DuPage County Bar Association. Ms. Becerril is an active presenter regarding Deferred Action for Childhood Arrivals (DACA), the U Visa, Know Your Rights, the new Temporary Visitors Driver s License in Illinois and the latest updates on immigration. She conducts free workshops on various immigration topics in both Spanish and English. She has also spoken at elementary schools, high schools, colleges, community centers, police departments, churches and civic centers throughout the suburbs and Chicago. Ms. Becerril participated in Telemundo Chicago s Immigration Phone Bank shortly after Barack Obama s announcement on his new immigration executive decision of November 20, She has also been interviewed live by Telemundo Chicago and ABC Chicago in regards to the new immigration executive decision.

2 More recently, she was interviewed by Telemundo Chicago on September 5, 2017 in regards to the end of DACA. Now that the president has announced that DACA will be ending, DACA recipients have less than 30 days to prepare any DACA renewal applications. DACA renewal applications must be received by October 5, Lear about what happens after DACA phases out, what rights they have, and how they can protect themselves from fraud. Next Meeting: Thursday 9/21 Panel Discussion, Attorney Resource Center 12pm DCBA Events: Tomorrow 9/14 Inter-County Softball Game: DCBA vs KCBA at Benedictine University Thursday 10/19 Happy Hour at Cooper s Corner in Winfield View & Print All CLE Certificates through the DCBA Website: Manage Profile -> Professional Development (under content & features) and choose the icon to the left of each meeting to print your certificate directly or choose to have them ed to you to save to your computer (you MUST be logged in to view this feature) DCBA OnDemand CLE is Now Powered by IICLE The Illinois Institute for Continuing Legal Education (IICLE ) and the DuPage County Bar Association (DCBA) are excited to offer a new IICLE Share collaboration to provide DCBA members a high quality and reliable online learning experience. Please visit the DCBA Website for more information

3 Rocio S. Becerril, Esq. Law Office of RSB TOPICS WE WILL DISCUSS TODAY Overview of the DACA program Elimination and Phase out Process DACA renewal Know your Rights Frequently Asked Questions 1

4 WHAT IS THE DACA Program? Deferred Action for Childhood Arrivals (DACA) is a prosecutorial decision by DHS not to remove certain individuals who were brought to this country as children exercising prosecutorial discretion individuals who came to us as children.pdf WHO QUALIFIES? To qualify, an applicant must prove that he/she: 1. was under 31 as of June 15, 2012; 2. arrived to the U.S. before reaching their 16 th birthday; 3. have continuously resided in the United States since June 15, 2007, up to the present time; 4. was physically present in the United States on June 15, 2012; 5. had no lawful status on June 15, 2012; 6. is currently in school, graduated or obtained a GED; and 7. does not have a felony, significant misdemeanor, or three or more misdemeanors. deferred action childhood arrivals daca 2

5 WHAT ARE THE BENEFITS OF DACA Temporary protection from deportation Employment Authorization Social Security Number Driver s License (depending on the State) MYTHS ABOUT DACA Does NOT create a path to residency or citizenship They ONLY receive Employment Authorization They do NOT receive public assistance They are NOT eligible for FAFSA 3

6 THE END OF DACA On September 5, 2017, the president directed the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to phase out and eventually end DACA This impacts almost 800,000 young people rescission daca (Memorandum on Rescission of DACA) WHAT DOES THE END OF DACA MEAN? As of September 5, 2017: USCIS will process all pending initial applications accepted as of that date USCIS will reject all other new initial applications USCIS will process all pending renewal applications already filed USCIS will process renewal applications until October 5, 2017 (from applicants whose DACA expires between September 5, 2017 and March 5, 2018) USCIS will reject all initial and renewal applications received after October 5,

7 WHAT DOES THE END OF DACA MEAN? DACA recipients whose DACA has already expired are no longer eligible to renew Those with unexpired grant of DACA will continue to hold DACA until it expires Current DACA recipients maintain their protection from deportation and work permit until their current expiration date DACA RENEWAL PROCESS Forms to submit I 821D I 765 Application for Employment Authorization I 765WS Application for Employment Authorization Fees to submit $495 money order Other (2) Passport style photographs * 821d 5

DACA RENEWALS The Consulate General of Mexico in Chicago has offered to pay for DACA renewals Mexican nationals who demonstrate a financial need may qualify to cover the $495.

8 DACA RENEWALS The Consulate General of Mexico in Chicago has offered to pay for DACA renewals Mexican nationals who demonstrate a financial need may qualify to cover the $ DACA fee They must visit the consulate at: 204 S. Ashland Ave or call its Protection Department (312) during business hours until October 5 th WHAT DACA RECIPIENTS SHOULD DO? Prepare, do not panic Speak to an immigration attorney If you are detained, stay calm If you have documents from immigration, show them 6

9 WHAT DACA RECIPIENTS SHOULD DO? Know Your Rights Learn and practice your rights if confronted by ICE Undocumented persons have rights in this country Agents can not enter your home without a warrant If they do not have a warrant, you are not required to open the door Do not sign anything if you do not understand WHAT DACA RECIPIENTS SHOULD DO? Know your Rights Verify the search warrant : 1) Your name 2) Address 3) Signature 7

10 WHAT DACA RECIPIENTS SHOULD DO? Develop a family preparedness plan Short Term Guardianship No court action required Allows to assign guardianship to someone else for up to one year Must be signed and dated by (2) witnesses WHAT DACA RECIPIENTS SHOULD DO? Develop a family preparedness plan Talk to a lawyer about executing power of attorney documents, which gives a relative or trusted friend the legal authority to make financial decisions 8

11 HOW TO GET INVOLVED Donate to the DACA Fund Many DACA applicants are struggling to cover the cost of legal representation and the filing fee of $495 Consider donating: HOW TO GET INVOLVED Volunteer Opportunities To host information sessions, legal screenings and renewal clinics Immigrant Resurrection Project Lawyersforgoodgovernment.org Southwest Organizing Project (SWOP) 9

12 FREQUENTLY ASKED QUESTIONS My DACA expires on March 6, 2018 can I renew? If your DACA and work permit expire after March 5, 2018, you are not eligible to renew and your DACA, work authorization, and protection from deportation will expire on the date shown on your DACA approval notice. FREQUENTLY ASKED QUESTIONS I did not have the money to pay the $495 fee, now I do, can submit a new initial DACA application? No. You cannot apply because the program has been terminated and new applications are no longer being accepted by USCIS. 10

13 FREQUENTLY ASKED QUESTIONS I submitted my initial DACA application in June of 2017, will they reject it? If you submitted your application on or before September 5, 2017, your application will continue to be processed. FREQUENTLY ASKED QUESTIONS Will the federal government use the information I submitted on my application to track me down? The administration has stated that they will not simply hand over lists of former DACA recipients to ICE (Immigration Customs Enforcement) 11

14 FREQUENTLY ASKED QUESTIONS How do I know when my work permit expires? The expiration date on your Employment Authorization Document (EAD) or work permit, is listed on the right hand side of the document. FREQUENTLY ASKED QUESTIONS Once my DACA expires what will happen to my social security number? Your social security number was issued by the Social Security Administration which remains valid for life even once your DACA expires You can use your social security number for education, banking, housing and other purposes 12

15 QUESTIONS? Chicago Office Westerns Suburbs 1032 N. Ashland Ave 29W522 Batavia Rd, Suite 2 Chicago, IL Warrenville, IL (630) (630)

6 DACA (Deferred Action for Childhood Arrivals)

6 DACA (Deferred Action for Childhood Arrivals) 6 On June 15, 2012, President Obama directed the United States Department of Homeland Security (DHS) to implement a new program called Deferred Action for Childhood Arrivals (DACA). DACA allows undocumented