Legislative Options to Replace DACA

Transcription

1 Legislative Options to Replace DACA DACA DREAM Act (S.1615) RAC Act (H.R.1468) SUCCEED Act (S.1852) BRIDGE Act (H.R. 496) Population Potentially Eligible f Amnesty 723,000* (690,000 approved; 33,000 pending, no new applications accepted) *Source: Department of Homeland Security data 3,338,000* (1,813,000 immediately eligible f conditional status; 1,526,000 may become eligible f conditional status in the future) 2,504,000* (1,061,000 immediately eligible f conditional status; 1,444,000 may become eligible f conditional status in the future) 2,553,000* (1,816,000 immediately eligible f conditional status; 737,000 may become eligible f conditional status in the future) *Source: Niskanen Center estimate 1,933,000* Age at Arrival Upper Age Limit 36 (under 31 on June 15, 2012) None None 36 (under 31 on June 15, 2012) 36 (bn after June 15, 1981) Continuous Presence Must have lived continuously in the U.S. since June 15, Must have been physically present in the U.S. on June 15, May have traveled outside the U.S. between June 15, 2007, and August 15, 2012, so long as the time outside the U.S. is considered brief, casual, and innocent. Must have been continuously present in the U.S. f 4 years at the date of enactment. May not have left the U.S. f any period exceeding 90 days f any periods exceeding 180 days total. However, these limits can be extended if the failure to return is due to extenuating circumstances. Travel authized by DHS (advance parole) is not counted as a departure from the U.S. Being served a Notice to Appear does not terminate continuous Must have been continuously present in the U.S. since June 15, May not have left the U.S. f any period exceeding 90 days f any periods exceeding 180 days total. However, these limits can be extended if the failure to return is due to extenuating circumstances. Travel authized by DHS (advance parole) is not counted as a departure from the U.S. Being served a Notice to Appear does not terminate continuous Must have been continuously present in the U.S. since June 15, May not have left the U.S. f any period exceeding 90 days f any periods exceeding 180 days total during a 5-year period. However, these limits can be extended if the failure to return is due to exceptional circumstances. Time spent outside of the U.S. due to active service in the U.S. Armed Fces does not terminate continuous Being served a Notice to Appear does not terminate continuous Must have lived continuously in the U.S. since June 15, 2007, until the date of filing an application under the BRIDGE Act. Must have been physically present in the U.S. on June 15, 2012, and at the time of filing an application under the BRIDGE Act. May have traveled outside the U.S. between June 15, 2007, and August 15, 2012, so long as the time outside the U.S. is considered brief, casual, and innocent. Travel authized by DHS (advance parole) is not counted as departure from the U.S. 1

2 Immigration Status Must not have had lawful immigration status on June 15, Illegal aliens with final ders of removal are still eligible to apply. Anyone without lawful immigration status can qualify, including illegal aliens with final ders of removal. Also, illegal aliens with DACA and tempary protected status (TPS) may apply. Must not have a final der of exclusion, deptation, removal. Exceptions are illegal aliens who (1) remained in the U.S. after the der was issued, (2) received the der befe turning 18. Must not have a final der of exclusion, deptation, removal. Exceptions are illegal aliens who (1) remained in the U.S. after the der was issued, (2) received the der befe turning 18. Must not have had lawful immigration status on June 15, Illegal aliens with final ders of removal and those in immigration detention are still eligible to apply. Illegal alien children of E-2 treaty invests eligible f amnesty program. Criminal Background Have not been convicted of a Have not been convicted of a significant misdemean (domestic violence, sexual abuse/exploitation, burglary, unlawful possession use of a firearm, drug distribution/trafficking, DUI, a sentence of 90 days in custody); Three me misdemeans occurring on separate dates from separate acts. felony offense (excluding state immigration-related offenses). Have not been convicted of 3 me misdemeans occurring on separate dates from separate acts (excluding State immigrationrelated offenses) and imprisonment of an aggregate 90 days me. Inadmissible f criminality*, national security risk, smuggling*, student visa abuse*, permanent ineligibility f citizenship (draft evaders), polygamy, international child abduction, unlawful voting*; Ordered, incited, assisted, Expunged convictions will be evaluated on a case-by case basis Must meet the mal character definition under the INA. Have not been convicted of multiple misdemeans f which a sentence of me than one year was imposed. Inadmissible f criminality*, national security risk, smuggling*, student visa abuse*, permanent ineligibility f citizenship (draft evaders), polygamy, international child abduction, unlawful voting*; Ordered, incited, assisted, * Waivable f humanitarian purposes, family unity, public interest Must meet the mal character definition under the INA. Have not been convicted of multiple misdemeans f which a sentence of me than one year was imposed. significant misdemean as defined in the bill. Inadmissible f criminality*, national security risk, smuggling*, student visa abuse*, permanent ineligibility f citizenship (draft evaders), polygamy, international child abduction, unlawful voting*; Ordered, incited, assisted, significant misdemean (domestic violence, sexual abuse/exploitation, burglary, unlawful possession use of a firearm, drug distribution/trafficking, DUI, a sentence of 90 days in custody); Three me misdemeans occurring on separate dates from separate acts; and Does not pose a threat to national security public safety. * Waivable f humanitarian purposes, family unity, public interest * Waivable f humanitarian purposes, family unity, public interest 2

3 Education/ Wk/Military Service Currently in high school; Graduated high school; Obtained a GED; Honable discharge from the Coast Guard Armed Fces of the U.S. Obtained a GED; Obtained a GED; If 18 years of age older: Obtained a GED; Currently in high school; Obtained a GED; Honable discharge from the Coast Guard Armed Fces of the U.S. Enrolled in secondary school an education program assisting students in: o Obtaining a high school diploma; o Passing a GED exam, high school diploma exam, other similar state-authized exam. NOTE: Illegal alien mins who are at least 5 years old and enrolled in school are exempt from immigration enfcement so they can age into the amnesty program. Enrolled in secondary school an education program assisting students in: o Obtaining a high school diploma; o Passing a GED exam, high school diploma exam, other similar state-authized exam; Has a valid wk authization. Enrolled in secondary school an education program assisting students ino Obtaining a high school diploma; o Passing a GED exam, high school diploma exam, other similar state-authized exam; Has served, is serving, has enlisted in the U.S. Armed Fces. If younger than 18 years of age: Attending has enrolled in a primary secondary school; Attending has enrolled in a postsecondary school. Path to Citizenship No. However, 39,514 illegal aliens have received legal permanent residence (green card) through the advance parole loophole, and 1,056 adjusted to U.S. citizenship. Yes, eligible f citizenship in at least 13 years. Apply f conditional permanent residency, valid f 8 years Yes, eligible f citizenship in at least 10 years. Apply f conditional permanent residency, valid f 5 years Yes, eligible f citizenship in at least 15 years. Apply f conditional permanent residency, valid f 5 years No. Illegal aliens who are eligible f already have DACA status may receive wk authization and provisional protected presence f up to 3 years after enactment. After 8 years of conditional permanent residency, individuals can apply f legal permanent residency if they have done one of the following*: Acquired a degree from an institution of higher education; Completed at least 2 years in a bachel s degree program; Served f at least 2 years in the U.S. armed fces have been honably discharged; After the initial 5 year period, individuals can reapply to extend conditional permanent residency f another 5 years if they have fulfilled one of the following: Enrolled in an accredited U.S. institution of higher education within one year after obtaining conditional permanent residency, and remain enrolled; After the initial 5 year period, individuals can reapply to extend conditional permanent residency f another 5 years if they have fulfilled one of the following: Graduated from an accredited U.S. institution of higher education; Attended a postsecondary school f not less than 8 semesters; Served f at least 3 years in the U.S. Armed Fces have been honably discharged; 3

4 Path to Citizenship (continued) Employed f periods totaling at least 3 years, at least 75 percent of which time was wking with valid employment authization (if the person was not wking, they must show that they were enrolled in school an education program). *Waivable f hardship May apply f U.S. citizenship after 5 years as a legal permanent resident. After receiving the additional 5-year extension, an individual is immediately eligible to apply f legal permanent residency. Step 4: May apply f U.S. citizenship after 5 years as a legal permanent resident. Attended a postsecondary school, served in the U.S. Armed Fces, maintained employment f a total period of 48 months during the 5 year period since obtaining conditional permanent residency. After maintaining conditional permanent resident status f 10 years, an individual may apply f legal permanent residency. Step 4: May apply f U.S. citizenship after 5 years as a legal permanent resident. Chain Migration Impact* Aside from those who took advantage of the advance parole loophole, DACA aliens are not currently eligible f green cards, and therefe cannot spons family members. Once in full legal permanent resident status, immediately eligible to spons family members f green cards, INCLUDING illegal alien parents who brought these aliens to the U.S. when they were mins. Once in full legal permanent resident status, immediately eligible to spons family members f green cards, INCLUDING illegal alien parents who brought these aliens to the U.S. when they were mins. Individuals in legal permanent resident status are barred from sponsing family members f green cards. However, they can do so once they become citizens. Individuals with provisional protected status cannot spons family members. Chain Migration Impact* *Up to 3.45 relatives per amnestied alien (Center f Immigration Studies) 2,494,000 (This number reflects a potential legislative amnesty f only DACA recipients. A legislative amnesty f the entire DACA-eligible population would bring this number to 6,669,000) 11,516,000 8,639,000 8,808,000 N/A 4

5 Documentatio n Required An extensive list is included, but any other document [the alien believes] is relevant is also considered. An extensive list is included, but there is no requirement that the documentation be verifiable despite the prevalence of illegal immigration-related document fraud and identity theft. Submission of biometric and biographic data required. No list of eligible documents included meaning illegal alien applicants can submit whatever they want to prove eligibility. Submission of biometric and biographic data required. No list of eligible documents included meaning illegal alien applicants can submit whatever they want to prove eligibility. Not provided. Fees/fines Required No fine penalty f unlawful No fine penalty f unlawful No fine penalty f unlawful No fine penalty f unlawful No fine penalty f unlawful $495 fee, which consists of a $410 fee f the Employment Authization Document (EAD) application and an $85 fee f fingerprints. Application fees to be determined by DHS* *Waivable f qualifying individuals Application fees to be determined by DHS* Satisfy all assessed tax liabilities. Not required to pay back taxes f undeclared income. Application fees to be determined by DHS Satisfy all assessed tax liabilities. Not required to pay back taxes f undeclared income. Application fee to be determined by DHS.* *Waivable f qualifying individuals *Waivable f qualifying individuals 5