Transcript Slide 1

Deferred Action for Childhood
Arrivals (“DACA”)
Prepared by the Own the DREAM
Campaign
Partners
The Own the Dream Campaign is led by a
partnership of the United We Dream Network,
National Immigration Law Center, the PICO National
Network, and America’s Voice Education Fund.
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DACA Background
On June 15, 2012,
the Secretary of the
Department of
Homeland Security
issued a
memorandum that
created the DACA
program.
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What is DACA?
Permission to Stay
• DACA is permission from U.S. immigration officials to stay for 2 years.
Renewable
• DACA can be renewed. There is no end point for the DACA program. And
you cannot age-out.
For childhood arrivals
• It is for some people who arrived in the U.S. before turning 16 and lived
here since June 15, 2007.
Work Permit & A Social
• A person who receives DACA can apply for a work permit and get a social
security number
Driver’s License
• In every state except for Nebraska and Arizona, you can get a driver’s
license if you get DACA
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Limits of DACA
Not a path to citizenship
• DACA does not put you on a path to citizenship or to becoming a permanent resident
Not lawful immigration status
• If you get DACA, you become lawfully present – which means the government is saying
you are allowed to be here - but you don’t get lawful status. Being lawfully present may
help you avoid certain harmful immigration consequences.
No benefits for family members
• People who get DACA can’t petition for family members
Can be terminated
• DACA as a program can be terminated at any time.
• The government can take away an individual’s grant of DACA
Possibility of enforcement action
• In certain rare circumstances, ICE may take enforcement action against people who
apply for DACA.
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How can I get DACA?
Apply
• If you qualify for DACA, send an application to United States Citizenship and Immigration
Services (USCIS) to request it.
• If you or someone you know is in immigration detention and may qualify for DACA, notify a
detention officer and/or contact the ICE Community Outreach Office by calling 1-888-351-4024
Forms, Proof, Photos, Fee
• The application includes three forms, proof that you qualify, two passport photographs and the
filing fee ($465) unless you don’t have to pay
•
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Fingerprints
You will not be able to get DACA unless you are fingerprinted by the government. The
government will do a background check for everyone who applies for DACA.
Can I Get Deported if I Apply for DACA?
The government has said that it will not deport people who apply for
DACA except in very rare circumstances. If you lie to the government
or you have a serious criminal record, you could be deported.
The government has said that it will not deport family members of
people who apply for DACA. Information about family members
contained in a DACA application may be used to investigate a criminal
case.
The government has said that in the future, this could change.
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Do I Qualify for DACA?
1 of 10
Eligibility Requirements –
Age Range
• On June 15, 2012, must have been under 31 years old.
In other words, you may qualify if you were born on or
after June 16, 1981.
• Must be at least 15 years old to apply for DACA, unless:
• In removal proceedings;
• Final removal order; or
• Voluntary departure order.
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Do I Qualify for DACA?
2 of 10
Eligibility Requirements –
Continuous Residence
• Came to U.S. before turning 16;
• Continuously resided in U.S. since June 15, 2007 until the present
time.
• Brief, casual, and innocent absences from the United States are
acceptable if they occurred on or after June 15, 2007 and before
August 15, 2012.
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Do I Qualify for DACA?
3 of 10
Eligibility Requirements –
Physical Presence
• On June 15, 2012, physically present in the United States;
• At time of DACA request, you are physically present in the United
States.
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Do I Qualify for DACA?
4 of 10
Eligibility Requirements –
Immigration Status
• Entered without inspection prior to June 15, 2012 or your lawful
immigration status was expired as of June 15, 2012;
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Do I Qualify for DACA?
5 of 10
Eligibility Requirements –
Education
• Currently in school, graduated from high school, or obtained a
GED, or
• honorably discharged from the U.S. Coast Guard or Armed Forces
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Do I Qualify for DACA?
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“Currently in School”
• To meet the "in school" requirement, you must be in:
• A public or private elementary school, junior high or middle school,
high school, or secondary school;
• An education, literacy, or career-training program (including job
training); or
• An education program that helps students get a GED, high school
diploma or its equivalent.
• This means that if you dropped out of school, you can sign up
for a GED program or other adult education program and meet
the DACA education requirement.
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Do I Qualify for DACA?
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What kinds of crimes & criminal activity
disqualify me from DACA?
• The rules are complicated. If you have had a problem with the
police, it is very important to talk to a lawyer or a BIA accredited
representative before applying for DACA.
• The following crimes disqualify you from DACA:
• A felony (next slide)
• A significant Misdemeanor (2 slides down)
• Three Non-Significant Misdemeanor (3 slides down)
• Special rules apply in cases of expunged convictions or juvenile
adjudications.
• USCIS may also deny your application if USCIS believes you are in
a gang, have been involved in terrorism or spying or generally
threaten public safety.
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Do I Qualify for DACA?
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What is a Felony?
• Generally, you cannot get DACA if you have been convicted of a
felony.
• If the judge can sentence you to more than one year in jail for a
crime, that crime is a felony.
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Do I Qualify for DACA?
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What is a significant
misdemeanor?
• Generally, you cannot get DACA if you have been convicted of a
"significant misdemeanor."
If the judge can sentence you to jail time of five days up to one
year, that crime a misdemeanor. But not all misdemeanors are
"significant misdemeanors."
• A crime can be a significant misdemeanor in two ways:
1. It is domestic violence, sexual abuse or exploitation, unlawful
possession or use of a firearm, drug sale, burglary, or driving under
the influence; OR
2. It is any other misdemeanor and the person received a jail
sentence of more than 90 days. Suspended sentences do not
count.
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Do I Qualify for DACA?
10 of 10
Three Non-Significant
Misdemeanors
• Generally, you cannot get DACA if you have been convicted of
three or more non-significant misdemeanors.
If the judge can sentence you to jail time of five days up to one
year, that crime is a misdemeanor.
Certain minor traffic offenses, like driving without a license, do not
count. Also, if two misdemeanors happened on the same day or
were part of the same event, then that should only count as one
misdemeanor.
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What should a complete DACA
application look like?
A complete DACA application packet looks like this:
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A cover letter that says you are requesting DACA, with a list of everything in the
packet (recommended);
A $465 check or money order made out to "The Department of Homeland
Security," unless you don't have to pay;
2 passport-style photos;
Form I-821D signed by you;
Proof that you qualify for DACA;
Form I-765 signed by you;
Form I-765WS.
Criminal or immigration records, if you have any. It is especially important to talk
to a lawyer or BIA accredited representative if you have had any contact with
police or immigration officials.
Remember: Every application will look different.
Don’t send original documents – make copies
If you use a document in a foreign language, you must send a certified translation
What Documents Can I Use To Prove I
Qualify?
Examples of documents you can use to prove you qualify:
Identity document
•Passport
•consular ID OR
• birth certificate plus photo ID
Arrived in U.S. before age 16
•Stamped passport
• school records
•medical records
•Any other relevant document
No immigration status (don’t worry about
this if you entered without a visa or
parole)
•I-94 with authorized stay expired
•charging document placing you in
removal proceedings
Presence in U.S. on June 15, 2012
•dated bank transactions
•school records
•medical records
•birth certificates of U.S. born children
•lease agreements
•any other relevant document
Continuous residence from June 15,
2007
Education or military requirement
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•School records
•high school diploma
•GED certificate
How To Organize Supporting Documents
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Direct evidence is
ideal: look for
documents with
applicant’s name,
addresses, etc.
Organize
documents by
eligibility
requirement
Try to avoid a gap in
documentation
longer than 3
months
Put continuous
presence
documents in order
from oldest to most
recent
I’m undocumented, but I don’t qualify for
DACA. What should I do?
You should speak to a lawyer or BIA Accredited Rep
about your options. A BIA Accredited Rep is a
nonlawyer who is allowed to practice immigration law
because he or she has received significant training.
Every case is different. You might qualify for
something better than DACA, depending on how you
came into the country, whether you have family
members with lawful status, whether you have been
the victim of a crime, and more.
Avoid legal consultants (‘notarios’). Notarios are not
allowed to practice law and they violate the law when
they do it.
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I can’t afford to pay $465. What can I do?
• Most people have to pay, but there are exceptions. You can ask to
apply for DACA without paying the fee if your income is less than
150% of the U.S. poverty level and you are in one of these
categories:
– You are under 18 and homeless, in foster care, or you don't have family
support; or
– You cannot care for yourself because you suffer from a serious chronic
disability; or
– You are at least $25,000 in debt because of medical expenses for you
or someone in your immediate family.
What is 150% of the U.S. poverty level? Here is a chart with some
examples (does not apply to Hawaii or Alaska):
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How do I ask immigration to let me apply for
DACA without paying?
If you fit into one of the categories of people who don’t have to pay the filing
fee, you can ask immigration officials for a ‘fee exemption.’
You have to get the fee exemption before you apply for DACA.
Instructions for applying for a fee exemption are on the Own the DREAM
website: www.weownthedream.org
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What happens after I mail my
application?
RECEIPT
NOTICE
FINGERPRINT
APPOINTMENT
Within 4
weeks, you
should
receive a
receipt
notice.
Soon after, you will
get a fingerprint
appointment. You
must go with the
appointment notice
and ID.
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DECISION
Several months later, you should
receive a decision. You might receive
(a) an approval, (b) a denial, (c) a
request for evidence, or (d) a notice of
intent to deny. Unless you receive an
approval, you should probably speak to
a lawyer or BIA Accredit Rep ASAP.
WORK
PERMIT IF
DACA
APPROVED
What happens if I change my address
after I apply for or receive DACA?
CHANGE OF ADDRESS
If your mailing address changes while your application is
pending or after you receive DACA, you…
• MUST notify USCIS within 10 days of your address
change.
• You can change your address with USCIS online or by
completing and mailing a Change of Address Form AR11, available on the USCIS website.
• The USCIS website is www.uscis.gov.
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Travel Warning
Do NOT travel outside of the U.S. before you
apply for DACA or while your application is
pending. If you do so, even for a short time, your
application will be denied. After your application is
approved, you may be able to travel outside the
country if you get special permission from USCIS
before you go. Please consult a legal service
provider before you travel outside the country.
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Advance Parole
DACA recipients can apply for permission to travel outside the
United States. This is called advance parole.
To get advance parole, you must…
Receive DACA
File Form I-131
Pay $360
Prove that you need to travel outside the U.S. for
employment, educational, or humanitarian reasons
WARNING: Talk to a lawyer or BIA Accredited
Rep. Traveling abroad can be risky.
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DACA Revocation
The government can revoke your DACA.
Here’s when they’re likely to do it:
DACA was
approved in
error.
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Fraud was
committed in
the DACA
request.
Criminal,
public safety,
or national
security
issues come
up after
DACA is
granted.
Should I wait for immigration reform?
No. If you qualify for DACA, it would be a mistake to wait for
immigration reform. DACA is available now and it can provide
real benefits. We still don't know if immigration reform will pass
or not.
Plus, if immigration reform passes, people with DACA are likely
to benefit - the legalization process will likely be faster and
cheaper for people with DACA than for others. That’s what the
happened in the Senate Bill (which is not law).
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Is DACA the same thing as the DREAM
Act?
DACA is NOT the same thing as the DREAM Act.
The DREAM Act is a proposal for a new law. It is NOT law.
The DREAM Act would create a pathway to
citizenship for certain people who entered the U.S. as
children and meet other requirements.
DACA is a program adopted by the President.
DACA does not put people on a pathway to
citizenship. People who get DACA should not be
deported but they don’t get lawful status.
DACA is great but it is not enough. We have to keep pushing for
comprehensive immigration reform that includes a DREAM Act.
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Presenter contact info & ways to get
involved
[PRESENTER CONTACT INFO GOES HERE]
[WAYS TO GET INVOLVED
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Additional Resources
• The USCIS website: www.uscis.gov
• Own the Dream Campaign and DACA resources:
www.weownthedream.org
• Download Pocket DACA on your mobile phone
• National Association of Latino Elected and Appointed Officials
(NALEO) hotline: Call 855-DREAM-31
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