Transcript President Obama’s Immigration Announcement

PRESIDENT OBAMA’S
IMMIGRATION
ANNOUNCEMENT
REVISED MARCH 2, 2015
EXECUTIVE ACTION AND
IMMIGRATION REFORM
On November 20, 2014, President Obama
announced executive action on immigration
Only Congress can pass laws – Congress
has not passed an immigration bill
Prioritize use of resources
The President is
directing federal
immigration
agencies to:
Defer deportation and permit
certain noncitizens to remain
in the U.S. for period of time
Provide work permits to
deferred action recipients
DEFERRED ACTION & THE
ANNOUNCEMENT – STANDING UP FOR
IMMIGRANT FAMILIES
Protects parents
with new DAPA
program
Expands DACA
to cover more
people
NUMBERS OF PEOPLE
PROTECTED
4.4 million parents of
U.S. citizens and LPRs
290,000 more people
eligible for DACA
UPDATE:
IMMIGRATON LAWSUIT
26 states sued the federal government
• The states challenged Expanded DACA and DAPA
initiatives in federal court arguing that the initiatives
are unlawful and harm state economies.
• In response, California, New York, and 10 other
states and DC told the judge that DAPA and
DACA will increase state revenues.
• On February 16, 2015, a judge ordered a
temporary stop to the start of expanded DACA and
DAPA – the U.S. government is fighting that ruling.
WHAT DOES THIS ORDER MEAN?
Expanded DACA and DAPA are
temporarily delayed nationwide while
the lawsuit is pending.
• The decision does not mean that the
President’s actions were illegal.
• Legal scholars agree that the president’s
actions are constitutional.
• The government is requesting a “stay,” so
that expanded DACA and DAPA can go
forward while the case is appealed.
• Stay tuned for up-to-date information!
WHAT SHOULD I DO
NOW?
DACA (June 15, 2012)
• The lawsuit does not affect the original DACA
program.
• You can still apply for DACA if you qualify under
the original 2012 guidelines.
• You can still renew your DACA.
Expanded DACA and DAPA
• This is a bump in the road.
• Use this time to gather documents and continue
preparing!
• We will continue to fight until the President’s
immigration initiatives become reality.
WHAT DEFERRED ACTION IS NOT
Amnesty
Pathway to U.S.
Citizenship
Legal Permanent Residency
(“Green Card”)
WHAT IS DEFERRED ACTION?
Ability to remain in the United States
without being deported during 3 years*
Ability to apply for work authorization
Ability to apply for a Social Security
number
Ability to apply for a Drivers License
DEFERRED ACTION FOR PARENTS
OF US CITIZENS AND PERMANENT
RESIDENTS (DAPA)
Parent of a U.S. citizen or green card holder, as of
November 20, 2014
Continuous residence in the U.S. since January 1,
2010
Physical presence in the U.S. on November 20, 2014
and at the time of request
No lawful immigration status as of November 20,
2014
Pass security and criminal background checks
CRIMINAL RECORD OR
RECENT REMOVAL ORDER
Get legal counseling to find out if your criminal or
immigration record affects your eligibility.
Certain criminal offenses; terrorist or gang activity;
and/or recent deportation orders may disqualify you
and/or expose you to removal proceedings.
Deferred Action for Childhood
Arrivals (DACA)
Entered the United States before turning 16 years old
Continuously resided in the U.S. since January 1, 2010;
Are currently in school, have graduated or obtained a certificate of completion
from high school, have obtained a GED certificate, or are an honorably discharged
veteran of the Coast Guard or Armed Forces of the United States;
Physically present in the U.S. without lawful status on June
15, 2012 and at the time of request;
Certain criminal and national/public safety bars will apply
**You must generally be at least 15 years old in order to apply. **
Expanded DACA:
What is the difference?
Continuously resided in the U.S. since January 1, 2010
(Not June 15, 2007)
Elimination of the upper age limit – you can’t be too old to
qualify as long as you meet the other requirements
Extends the renewal of DACA and work authorization to 3
years (it used to be for 2 years)
I HAVE DACA NOW, WHAT DOES
THIS MEAN FOR ME?
• Your work permit is still valid as issued.
MY RENEWAL APPLICATION IS
PENDING, WHAT DOES THIS MEAN FOR
ME?
• Your case is not affected by the lawsuit and
you will receive your DACA renewal and
work authorization.
WHAT IF I DON’T QUALIFY FOR
DACA OR DAPA?
The government does
not have resources to
deport all
undocumented people.
certain
criminal
offenders;
Deportation
priorities have
changed to
focus on:
those who
threaten
national
security
recent
immigration
violators
Information about these categories will continue to develop.
WHEN CAN I APPLY?
The application process is NOT open yet. We
hope the lawsuit will be resolved and new timeline
will be released in the near future.
Parents of U.S. citizens
and green cardholders
Expanded DACA
• Application process was
planned to open within
180 days (by May 2015)
• Application process was
planned to open on
February 18, 2015)
BEWARE OF FRAUD!
There is no way to
apply yet!
Don’t believe
anyone who says
they can sign you
up for a program
now.
Information will
continue to
develop. Consult
trusted resources
to learn more.
WHAT WE KNOW ABOUT THE
APPLICATION PROCESS
- Complete
application form (not yet
available)
- $465 fee (no waivers; very limited fee
exemptions)
- Supporting evidence
- Fingerprinting and background check
WHAT CAN I DO TO
PREPARE?
1. Save money for filing fees (at least $465)
2. Gather evidence to show you qualify
3. Gather any immigration and criminal
records that you have
4. Consult with a licensed immigration
lawyer or a BIA accredited
representative
GATHERING EVIDENCE
Proof of identity
• Passport from home country
• ID card from home country
• Birth certificate from home country and
photo ID
• School or military ID with photo
• U.S. immigration document with photo
and name
GATHERING EVIDENCE
Documents showing
relationship with U.S. citizen or
LPR child
•
•
•
•
•
Birth certificate of child
Copy of green card of child
Naturalization certificate of child
Adoption decree of child, if adopted child
Marriage certificate, if stepchild
GATHERING EVIDENCE
Continuous residence since 1/1/2010 &
physical presence on 11/20/2014 (for DAPA)
and 6/15/2012 (for DACA)
• Passport entries
• Tax receipts
• Birth certificates of children • Medical records &
born in the U.S.
insurance
• School records
• Dated bank activity
• Military records
• DMV records, license,
registration, insurance
• Records from a religious
organization confirming
participation in a religious
ceremony
• Rental agreement,
contracts, receipts,
mortgage
• Money order receipts for
money sent in or out of the
country
• Union or other organization
membership records
22
CRIMINAL HISTORY
Get documents related to any contact
with police or law enforcement
State criminal records
FBI report
Court records
RESOURCES
• For more information from the government go to
www.uscis.gov
• DACA Page:
http://www.uscis.gov/humanitarian/consideration-deferredaction-childhood-arrivals-daca
• To receive updates from USCIS, subscribe here:
https://public.govdelivery.com/accounts/USDHSCIS/subscr
iber/new?topic_id=USDHSCIS_74
• Register with United We Dream at
www.unitedwedream.org/executiveaction/
RESOURCES
Find Legal Help and Resources on How to Prepare to Apply
• How to Get Your Criminal Records
• How to Get a Copy of Your Immigration File
• How to Get a Passport or Identity Document for Mexican
Nationals
http://www.adminrelief.org/legalhelp/
CONTACT INFO
& HOW TO GET INVOLVED
[PRESENTER CONTACT INFO GOES HERE]
[WAYS TO GET INVOLVED]
www.adminrelief.org