COMMUNITY NAVIGATOR TRAINING MODULE 3: ADMINISTRATIVE RELIEF

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ACKNOWLEDGEMENTS

This presentation is a product of the Committee for Immigration Reform Implementation (CIRI) Regional Coordination subcommittee. This was prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINIC’s 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM provided guidance on the Defending AR module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (ICIRR), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA United Food and Commercial Workers naturalization partnership. 2

www.adminrelief.org

MODULE 3:

ADMINISTRATIVE RELIEF

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WHAT HAVE YOU HEARD ABOUT ADMIN RELIEF ?

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THE PRESIDENT’S ANNOUCEMENT

• On November 20, 2014, President Obama announced several executive orders on immigration • The President is directing federal immigration agencies to prioritize use of resources and defer deportation, authorize work permits, allow travel • These programs are referred to as “administrative relief” and up to 5.2 million could qualify 6

WHAT IS “DEFERRED ACTION”?

• The government will

not

place people who meet certain requirements into deportation proceedings • Not legal immigration status • Not a path to citizenship • Protection, work permit, some approved travel 7

BENEFITS OF DEFERRED ACTION

• Protection from deportation for three years • Work authorization • Social security number • Drivers license in some states • Ability to request permission to travel abroad 8

LIMITATIONS OF DEFERRED ACTION

• Not a green card or visa • Not a path to citizenship • Discretionary case-by-case decision based on DHS enforcement priorities • No access to public benefits 9

WHO QUALIFIES FOR DAPA?

• • To qualify for DAPA, a person must: Be the parent of a U.S. citizen or LPR son or daughter born on or before November 20, 2014; • • Have lived in the U.S. since January 1, 2010 or earlier; Be in the U.S. on November 20, 2014

and

they apply for deferred action; on the date • Have no lawful immigration status in the U.S. on November 20, 2014; and • Submit to, and pass, security and criminal background checks

3.7 million potentially qualify

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WHO QUALIFIES FOR DACA?

DACA 2012

• Arrived in U.S. before 16 years old • Born after June 15, 1981 • In U.S. by June 15, 2007 • High school diploma or GED or military • 2 year deferred action

EXPANDED DACA

• Arrived in U.S. before 16 years old • No age cap • In U.S. by January 1, 2010 • High school diploma, GED, or adult education** or military • 3 year deferred action ** adult learning courses could include certain vocational education, literacy, ESOL and others. There is no deadline for enrollment, but individuals must be enrolled when they apply for DACA.

1.5 million potentially qualify

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COSTS AND PROCEDURES

• • • Both programs will cost a $465 fee Both programs will require biometrics Once the program begins, approved applicants will receive a three year grant of deferred action and work authorization 12

HYPOTHETICALS: WHO QUALIFIES?

Tanya arrived in the US without legal documentation when she was 9 years old in 1999. She has lived in the US since that time. She was in school but dropped out and did not graduate. She is not currently in school and is not an honorably discharged veteran of the Coast Guard or Armed Forces.

What can you tell Tanya? Might Tanya qualify for relief? Why or why not? If so, which kind?

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HYPOTHETICALS: WHO QUALIFIES?

Sanjay arrived in the US without legal documentation when he was 35 in 2008. Sanjay’s wife joined him here in 2012. They had a baby in 2013.

What can you tell Sanjay and his wife? Might Sanjay qualify for relief? Why or why not? If so, which kind? Might Sanjay’s wife qualify for relief? Why or why not? If so, which kind?

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HYPOTHETICALS: WHO QUALIFIES?

Rebecca is 40 and entered the US without legal documentation in 1990. She does not have children but is expecting. She has lived in the US since she arrived here and she graduated from high school.

What can you tell Rebecca?

Does Rebecca qualify for relief? Why or why not?

If so, what kind?

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WHEN CAN ELIGIBLE APPICANTS APPLY?

DACA 2012

Now!

Expanded DACA

Don’t know yet

DAPA

Don’t know yet 16

THE FIGHT FOR IMMIGRATION ACTION CONTINUES In the courts 26 STATES

SUED THE OBAMA ADMINISTRATION THEY FOUND A JUDGE WHO WOUD DECIDE IN THEIR FAVOR,

AND HE DID TEMPORARY SUSPENSION

OF DAPA/EXPANDED DACA DEPT. OF JUSTICE HAS ASKED A HIGHER COURT TO

SET ASIDE

THE JUDGE’S RULING 17

THE FIGHT FOR ADMIN RELIEF CONTINUES

1. This is temporary 2.

This does not mean that the president’s actions were illegal 3. DACA 2012 will continue as before 4. We need to action to defend immigration action 5. We all need to prepare and help our communities prepare 18

WHAT CAN WE DO NOW?

3.

4.

5.

6.

Encourage community members to: 1.

2.

Save money for fees ($465) Gather evidence to prove they qualify Gather any criminal records Consult with an immigration lawyer or BIA rep Defend admin relief BEWARE OF SCAMS!!!

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