Deferred Action for Childhood Arrivals (“DACA”) Prepared by the Own the DREAM Campaign

Partners 2 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.

DACA Background 3 On June 15, 2012, the Secretary of the Department of Homeland Security issued a memorandum that created the DACA program.

What is DACA? 4 DACA is permission from U.S. immigration officials to stay for 2 years. Permission to Stay DACA can be renewed. There is no end point for the DACA program. And you cannot age-out. Renewable It is for some people who arrived in the U.S. before turning 16 and lived here since June 15, For childhood arrivals A person who receives DACA can apply for a work permit and get a social security number Work Permit & A Social In every state except for Nebraska and Arizona, you can get a driver’s license if you get DACA Driver’s License

Limits of DACA 5 DACA does not put you on a path to citizenship or to becoming a permanent resident Not a path to citizenship 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. Not lawful immigration status People who get DACA can’t petition for family members No benefits for family members DACA as a program can be terminated at any time. The government can take away an individual’s grant of DACA Can be terminated In certain rare circumstances, ICE may take enforcement action against people who apply for DACA. Possibility of enforcement action

How can I get DACA? 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. 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. 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 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 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 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

Can I Get Deported if I Apply for DACA? 7 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.

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, Must be at least 15 years old to apply for DACA, unless: In removal proceedings; Final removal order; or Voluntary departure order. 8

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,

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. 10

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; 11

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 12

Do I Qualify for DACA?6 of 10 “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. 13

Do I Qualify for DACA?7 of 10 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. 14

Do I Qualify for DACA?8 of 10 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. 15

Do I Qualify for DACA?9 of 10 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. 16

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. 17

What should a complete DACA application look like? 18 A complete DACA application packet looks like this: 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? 19 Identity documentPassport consular ID OR birth certificate plus photo ID Arrived in U.S. before age 16Stamped 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, 2012dated 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 requirementSchool records high school diploma GED certificate Examples of documents you can use to prove you qualify:

How To Organize Supporting Documents 20 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? 21 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.

I can’t afford to pay $465. What can I do? 22 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):

How do I ask immigration to let me apply for DACA without paying? 23 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:

What happens after I mail my application? 24 RECEIPT NOTICE Within 4 weeks, you should receive a receipt notice. FINGERPRINT APPOINTMENT Soon after, you will get a fingerprint appointment. You must go with the appointment notice and ID. 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? 25 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 AR- 11, available on the USCIS website. The USCIS website is

Travel Warning 26 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.

Advance Parole 27 DACA recipients can apply for permission to travel outside the United States. This is called advance parole. To get advance parole, you must… File Form I-131 Pay $360 Receive DACA 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.

DACA Revocation 28 DACA was approved in error. Fraud was committed in the DACA request. Criminal, public safety, or national security issues come up after DACA is granted. The government can revoke your DACA. Here’s when they’re likely to do it:

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. 29 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).

Is DACA the same thing as the DREAM Act? 30 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.

Presenter contact info & ways to get involved 31 [PRESENTER CONTACT INFO GOES HERE] [WAYS TO GET INVOLVED

Additional Resources The USCIS website: Own the Dream Campaign and DACA resources: Download Pocket DACA on your mobile phone National Association of Latino Elected and Appointed Officials (NALEO) hotline: Call 855-DREAM-31 32