Daca renewal training materials Deferred Action for Childhood Arrivals (DACA) By Prerna Lal, EBCLC

Prosecutorial Discretion What is prosecutorial discretion? Who can exercise it? USCIS CBP ICE EOIR

What is Deferred Action? A discretionary determination to defer removal action of an individual No lawful status It gives an individual authorization to be lawfully present in the U.S. No path to permanent residence or citizenship But everyone must be screened for other immigration benefits

Who qualifies for Deferred Action under DACA? Came to the U.S. before turning 16 and you must be at least 15 years of age at the time of the request (unless in removal proceedings) Were under the age of 31 as of June 15, 2012 Have continuously resided in the U.S. since June 15, 2007 Physically present in the U.S. on June 15, 2012 Entered the U.S. without inspection before June 15, 2012 or your lawful immigration status has since then expired Cannot have nonimmigrant status (F-1, E-2, H-4)or TPS unless the Executive Office for Immigration Review terminated your status by issuing a final order of removal against you before June 15, 2012 If application for asylum or cancellation of removal or similar relief was pending on June 15, 2012 – consider no lawful status and can request DACA

Currently in school, have graduated or have a certificate of completion from high school, have a GED certificate, or are a honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. Have not been convicted of any felonies or significant misdemeanors, 3 or more other misdemeanors, and you do not pose a threat to nation security or public safety

What is a felony? A federal, state, or local criminal offense punishable by imprisonment for a term more than one year offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering this request

What is a significant misdemeanor? An offense of: Domestic violence Sexual abuse or exploitation Burglary Unlawful possession or use of a firearm Drug distribution or trafficking Driving under the influence Or Another offense sentenced to custody for more than 90 days served Expunged convictions and juvenile convictions will not automatically disqualify you

What is a non-significant misdemeanor? CANNOT be an offense of: Domestic violence Sexual abuse or exploitation Burglary Unlawful possession or use of a firearm Drug distribution or trafficking Driving under the influence Sentenced to time in custody of 90 days or less Does not qualify if they have 3 or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct

Minor traffic offenses Will NOT be considered a misdemeanor for purposes of this process

What happens when your case is approved? An individual will NOT be placed into removal proceedings or be removed from the U.S. for a period of 2 years, unless terminated Eligible for two year work authorization Work authorization creates eligibility for a social security number, driver’s license, state ID cards Renewal process You can request an extension in 2 year intervals Even after turning 31, as long as you were under 31 on June, 15, 2012

Which forms must be filed? G-1145 E-Notification (Optional) G-28 – Notice of Entry of Attorney I-821D – Consideration of Deferred Action for Childhood Arrivals I-765 – Application for Employment Authorization I-765WS – worksheet

Traveling and how it affects the continuous residence requirement Advance parole: DACA recipients can apply to travel abroad for educational, employment and humanitarian reasons Re-entering the country after brief travel abroad with advance parole provides DACA recipients with a lawful entry How is this useful? Can only travel if case is deferred and you apply for advance parole

Who is Eligible to Renew Now? No new initial DACA applications Only DACAs that expire between Sept 5th 2017, and March 5th, 2018 Renewals must be received at USCIS by October 5, 2017. Previously issued work permits will start expiring after March 5, 2018 No more advance parole grants for DACA Fees will be refunded

Practice Pointers Screen clients for all immigration benefits Use complete names for clients (Some clients have two last names, some have two first names) Double check for typographical errors, especially with names, date of birth, and A#s The A# is found on the work permit and previously issued immigration documents

Practice Pointers Never forget to check “Yes” for Part 2, 1 on the I-821D Ignore the “Initial requests only” section Fill out the travel information as completely as possible on Page 3 of the I-821D The work permit code on the I-765 will be [c] [33]

Questions?