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Phone: 919-688-1941

 
 
 

Immigration - DACA & DAPA

 

Post-Election Talking points and resources

November 2016

DACA "Deferred Action for Childhood Arrivals"

 

President-elect Donald Trump pledged to end DACA when he becomes President. Trump will not be President until he is inaugurated on January 20, 2017. Until that time, DACA will remain in place and USCIS will continue to process both initial and renewal DACA requests.

 

The risk. Those who receive or apply for DACA will not necessarily be targeted for deportation. Administrative programs like this have never been used for wholesale deportation in the past. It would be extremely costly for the government to try to deport all 700K+ DACA recipients. However, Trump is more unpredictable than past presidents, so we do not really know what to expect.

 

Initial DACA applications. For those who have not yet applied for DACA, the processing of those applications is taking long enough now that they would likely not be adjudicated until after January 2017, and it is possible the DACA program will not exist by then. Therefore, at this point potential applicants’ efforts to assemble an initial DACA application and pay the filing fees (which go up in December 2016) may result in no benefit and expose them to DHS.

 

DACA renewals. It is unknown whether the next Administration will terminate existing DACA grants or instead not allow DACA recipients to renew. Those who have already received DACA are known by the government. Therefore, renewing DACA does not carry a new risk. In fact, renewing DACA may mean a DACA recipient can have a work permit until it expires one to two years into the next Administration. One risk, however, is again that the renewal might not be adjudicated before Trump becomes President, and the effort and money to renew will be for nothing. People who file to renew soon may be successful, as DACA renewals are currently being processed in 8 weeks with USCIS' upgraded system. The cost may be offset by loans and other funding available through Mission Asset Fund, the Mexican Consulate, some DACA collaboratives and/or other programs.

 

Advance parole. At this point, advance parole may be a little bit harder to get, because processing time is three months or more, which would put approvals (even if filed today) and subsequent travel in February 2017. Emergency advance parole requests, however, may still be useful in helping people travel and subsequently adjust status under 245(a).

 

What the Future Holds

 

Based on Trump’s campaign rhetoric and the new composition of Congress, we do not expect a comprehensive immigration reform that includes legalization to be introduced in the coming years.

 

We do not expect expanded DACA or DAPA to make it through the courts.

 

It is possible that some states will try to introduce additional state legislation creating benefits and some protections for immigrants like California has done. Some other states may introduce legislation that increases immigration enforcement at the local level.

 

What Immigrants Can Do Now

 

People should go to a legal services provider to be screened for any possible immigration options other than DACA they for which they may already eligible.

 

The ILRC has a comprehensive client intake form to assist practitioners in screening. It can be found online at https://www.ilrc.org/screening-immigration-relief-client-intake-form-and-notes.

 

Community members should be warned of fraudulent service provider schemes and education about how to seek competent immigration help. The ILRC has created community education flyers about this available in English and Spanish available online at https://www.ilrc.org/anti-fraud-flyers.

 

People should know their rights when in contact with an immigration agency.

 

The ILRC has created Red Cards to help both citizens and noncitizens defend themselves against constitutional violations during ICE raids. These cards provide citizens and noncitizens with information about how to assert their constitution rights and an explanation for ICE agents that the individuals are indeed asserting their constitutional rights. Go https://www.ilrc.org/red-cards for more information and contact us at redcards@ilrc.org to order.

 

The ILRC also has information about raids and immigrants’ rights available online at https://www.ilrc.org/community-resources. People should continue to avoid negative interaction with law enforcement. Something like a DUI or conviction related to drugs can have irreversible negative immigration consequences.

 

If filing to renew DACA, applicants need to be aware that the filing fee increases to $495 on December 23, 2016. The Mission Asset Fund (http://missionassetfund.org/lending-circles-for-dreamers/), Self-Help Federal Credit Union (http://www.self-helpfcu.org/personal/loans/immigration-loans), the Mexican Consulate or local DACA service providers may have information about loans or grants to help with the filing fees.


Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas. In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA.

In this new petition, the federal government specifically asked that a full nine-Member Court hear the case. Although, as DOJ acknowledges, the Court rarely grants rehearing, at the same time, “rehearing petitions have been granted in the past where the prior decision was by an equally divided Court and it appeared likely that upon reargument a majority one way or the other might be mustered.”


Below you will find resources on administrative relief and how advocates can prepare.

Employment Rights and Responsibilities: Setting the Record Straight (Webinar)

How to Get a Copy of Your Immigration File

Tax Preparation and the Individual Taxpayer Identification Number

How to Get your Criminal Record

How a Legal Permanent Resident Can Help a Parent

Meeting the Education Requirement for DACA and the Parent/Child Relationship Requirement for DAPA

Getting the Facts through FOIAs and Criminal Record Review (Webinar)

Post Conviction Relief to Advance Eligibility for Administrative Relief (Webinar)

Understanding Background Checks for DACA & DAPA Applicants

Beyond DAPA and DACA: Is Another Immigration Benefit Available?

Day One Administrative Relief Service Provider Checklist


Defending DAPA and Expanded DACA Before the Supreme Court: A Guide to United States V. Texas

 

April 11, 2016

 

Washington D.C. – Today, the American Immigration Council releases Defending DAPA and Expanded DACA Before the Supreme Court: A Guide to United States v. Texas. In the spring of 2016, the U.S. Supreme Court will consider United States v. Texas, a politically charged lawsuit about the legality of some of President Barack Obama’s executive actions on immigration. The oral argument will take place on Monday, April 18 before the eight sitting justices.

 

This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the case may have on our country.

 

To view the guide in its entirety, see:

For more information, contact Wendy Feliz at 202-507-7524 or wfeliz@immcouncil.org


HOW MAY Deferred Action for Childhood Arrivals or “DACA” BE EXPANDED AS OBAMA PROPOSED IN 2014?

  1. There will be no age cap.
  2. The eligibility date should be moved from June 15, 2007, to January 1, 2010.
  3. The deferred action and EAD will be for 3 years, instead of 2.

WHAT CAN POTENTIAL expanded DACA APPLICANTS DO NOW?

  1. Gather documents to satisfy education, date of entry and continuous residence requirements.
  2. If there is any criminal record, get documents so that potential impact on eligibility may be assessed.
  3. Save money for fee.
  4. Do not travel abroad.
  5. BE ON GUARD AGAINST FRAUD.
DACA-DAPA

NILC recently created some resources on the Texas v. U.S. case that I wanted to share with you:

Summary of the petition for cert that was filed Nov 20, 2015 (PDF)

What happens next” scenarios document (English)

What happens next” scenarios document (Spanish)

Timeline


Immigrant Legal Resource CenterA free podcast on DACA & DAPA from our friends at Immigrant Legal Resource Center.
Understanding Background Checks for DACA & DAPA Applicants Podcast
English
Spanish


Immigration - DACA

 

DON’T FORGET! CHILDREN BECOME ELIGIBLE FOR DACA WHEN THEY TURN 15!

 

We represent DACA applicants and those who renew their DACA status!

 

You may be eligible to apply for DACA if you meet the following requirements:

  1. Are you between 15 and 30 years old?
  2. Did you arrive in the country before you were 16 years old?
  3. Have you been living in the country since June 15, 2007?
  4. Were you present in the country on June 15, 2012?
  5. Are you currently in school, or have you already graduated, or have your earned a G.E.D.?
  6. Do you have a clean criminal record? If your record is not clean, we may be able to help.

Renew Your DACA

http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/renew-your-daca


Immigration - DAPA

   

WHO POTENTIALLY QUALIFIES FOR DAPA, DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY?

  1. Continuous residence in the United States since 01/01/10.
  2. As of 11/20/14 you have a USC or LPR child.
  3. Physical presence in United States on 11/20/14 and at time of application.
  4. No lawful status on 11/20/14.
  5. Not an enforcement priority.
  6. No factors to warrant denial based on discretion.

WHAT CAN POTENTIAL DAPA APPLICANTS DO NOW?

  1. Gather documents related to Identity Relationship to USC or LPR child Continuous residence since 01/01/10 Physical presence around November 20, 2014 Criminal record, if any
  2. Save money for fee, which may be approximately $500
  3. Do NOT travel abroad
  4. BE ON GUARD AGAINST FRAUD