Presenters. Agenda DACA & DAPA. DACA Eligibility Requirements 5/6/2015 EXECUTIVE ACTION ON IMMIGRATION

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Angelina Griffin
5 years ago
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1 Presenters Ilissa Mira, Staff Attorney Helping Your Immigrant Students and School Community: Updates on Deferred Action Programs for Undocumented Youth and Family Jen Riddle, Staff Attorney 2 Agenda The President s Executive Action on Immigration What does it mean to have deferred action? Who is eligible for DACA and DAPA? Lessons learned from DACA Barriers to applying How to Help Questions & Sharing Outreach Strategies EXECUTIVE ACTION ON IMMIGRATION Deferred Action for Childhood Arrivals (DACA) June 15, 2012: DACA program created November 20, 2014: Expand DACA to eliminate upper age limit, change date of entry, and extend duration period to 3 years Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents (DAPA) Parents of U.S. citizens and green card holders 3 4 Benefits Deferred action for two years*; Work authorization; Lawfully present in the U.S. during deferred action period; Eligible for Social Security Number and driver s license; May request permission to travel with advance parole In state tuition (varies by state). DACA & DAPA Limits Not path to permanent resident status Not lawful immigration status No benefits to family members Can be terminated Could lead to enforcement in certain situations DACA Eligibility Requirements Under age 31 as of June 15, 2012; Came to the U.S. before age 16; Has lived in the U.S. since June 15, 2007 (January 1, 2010); Physically present in the U.S. on June 15, 2012; N i i i J No immigration status on June 15, 2012; Currently in school, graduated high school, obtained a GED, or honorably discharged from U.S. armed forces; and Not convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety. 1

2 Currently in School DAPA Eligibility Traditional Education Elementary, junior high, high school, etc. Education, literacy, career training Purpose is improving literacy, math or English; or Obtain post secondary education; job training; or employment Education, Literacy, Career training (cont d) Publicly funded or administered by a nonprofit, or Demonstrated effectiveness indicators of program s quality GED Preparation Courses Assists students seeking high school diploma; state law equivalent; or GED Parent of a U.S. citizen or permanent resident, as of November 20, 2014; Continuously resided in the U.S. since January 1, 2010; Physically present in the U.S. on November 20, 2014 and at the time of request; No lawful status as of November 20, 2014; Not in an enforcement priority category; and No factors that warrant denial based on discretion 7 8 New Enforcement Priorities Priority 1: Threats to national security, border security, and public safety Felony conviction; aggravated felonies; gang activity; terrorism Priority 2: Misdemeanants and new immigration violators Three or more misdemeanors; significant misdemeanor; recent unlawful entry; significant abuse of visa or visa waiver program Priority 3: Other immigration violations Final order of removal issued on or after January 1, 2014 How Many Potentially Qualify for DAPA/DACA? Total Potentially Eligible 5,045,000 Not eligible (5,977,000) DAPA (3,605,000) 2012 DACA (1,165,000) Expanded DACA (275,000) Data from Migration Policy Institute, 11/19/ Where Do Potential Applicants live? What We ve Learned from DACA states with most potential beneficiaries CA TX NY IL FL NJ GA NC AZ WA Data from Migration Policy Institute, 11/19/14 State and County wide estimates available at Migration Policy Center data at: Opportunities Creates New New jobs First Bank Account / Credit Card Driver s License Application & Approval Rates ~ 472,000 immediately eligible have not applied 727,164 applications 638,897 approvals 38,597 denials ted Applicants Underrepresent Lower rates among Asians, African, Europeans Rural areas 11 2

3 Barriers to Applying Cost Cultural Factors Fear HOW TO HELP Believes he or she is ineligible Waiting for immigration reform Unaware of DACA 13 Help Applicants Protect Their Legal Rights Warn students and family members about immigration fraud Applications for Expanded DACA & DAPA are not being accepted yet Can apply for initial or renewal DACA under original DACA guidelines Learn more and report fraud at Encourage people to seek only qualified legal advice from either: 1. A licensed immigration attorney Check license at: 2. A Board of Immigration Appeals (BIA) accredited representative Check accreditation at: Help Applicants Protect Their Legal Rights (cont.) Refer students and family members to qualified legal help Avoid the unauthorized practice of law Share general information. Don t give legal advice. Don t help applicants complete application forms Help Community Members Prepare to Apply Encourage families to save money for filing fees (at least $465) Encourage people to gather important records such as: Identity documents Relationship to U.S. citizen or permanent resident child Proof of education requirement Continuous residence in the U.S Physical presence in U.S. on certain dates Any criminal and immigration history records Encourage families to study English and file taxes ITIN Information Help Bring Community Members Into Eligibility People may become eligible for DACA by enrolling in a qualifying educational program. Encourage people to enroll and stay enrolled Help families research education options and verify the legitimacy of educational institutions Share information about financial aid and scholarships

Help Those Who Already Have DACA Get Involved in Community Efforts Renewal applications should be filed 120 150

Help students navigate life after Deferred Action: Social Security card Employment State driver s license/id

immigration law and state/local policies http://unitedwedream.

Citizenship and Immigration Services (USCIS): www.uscis.

(CLINIC): www.cliniclegal.org https://cliniclegal.

4 Help Those Who Already Have DACA Get Involved in Community Efforts Renewal applications should be filed days before DACA and work permits expire. Consequences of lapses are serious! Help students navigate life after Deferred Action: Social Security card Employment State driver s license/id Pursuit of education Collaborate with local partners doing outreach Advocate for positive changes to federal immigration law and state/local policies deep/ Additional Resources U.S. Citizenship and Immigration Services (USCIS): deferred actionchildhood arrivals daca RESOURCES Catholic Legal Immigration Network, Inc. (CLINIC): action childhoodarrivals Download Pocket DACA on mobile phone National Association of Latino Elected and Appointed Officials (NALEO) information hotline: Call (844) 411 DACA / 1 (844)

5 Find Legal Help adminrelief.org or weownthedream.org Guides for Educators & School Support Staff content/uploads/2014/05/daca Guide for Teachers 2014 FINAL.pdf L_BROCHURE_7469_NEA OTD_BrochureTri_4_5x8 REV 2_9_27_13.pdf s/daca_for_educators_ pdf s/dapa_for_educators_ pdf 27 5

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