D.A.C.A. Deferred Action for Childhood Arrivals Presented to: ORANGE COUNTY COUNSELORS ASSOCIATION at Mount Saint Mary College, Desmond Campus, 6 Albany Post Rd, Newburgh, NY 12550 Presented by: Jessica Lazo, Catholic Charities Community Services-Immigration Legal Services Tuesday, October 20th, 2015

LIVING UNDOCUMENTED: HIGH SCHOOL, COLLEGE, AND BEYOND https://youtu.be/DjBkrqJ9BEc 17 minutes short clip that explains how the undocumented students live among us

What is DACA? -President obama announced on june 15, 2012 that Deferred action will be extended to those who were under 16 when they entered the U.S. , Had Resided in the U.S. Continuously since June 15, 2007, met certain educational requirements, is not a security threat (does not have certain criminal convictions or gang affiliations) and haD no lawful status on June 12, 2012. - the DACA program started on august 15, 2012 - While it does not confer lawful immigration status, alter an individual’s existing immigration status or provide a path to citizenship, daca provides a work permit and a reprieve from deportation. - congress has not passed the dream act, which would provide lawful immigration status to many of those who qualify for daca. for more info about what is the NY Dream act= nydreamact.org

What are the Benefits of DACA? Can lawfully work in the U.S. With a employment authorization document (can be renewed, if DACA is renewed) Can obtain and present a social security card when requested (for example, when filling out college applications) Can obtain a driver’s license or learner’s permit Can obtain permission for international travel (advance parole) based on one of three grounds: humanitarian, school, or employment purpose Can submit DACA application before age 18 to avoid accruing unlawful presence Can obtain access to health care in certain states. (please see next slide)

New York Health Benefits for DACA Recipients “Non-citizens granted deferred action are considered ‘permanently residing under color of law’ (PRUCOL) and are eligible for all state funded benefits, including Medicaid, Family Health Plus, the Family Planning Program and for cash assistance (welfare) through the Safety Net program.” -Empire Justice Center (a non-profit law firm) www.empirejustice.org

Precautions with DACA -beware of scams! -DACA Does not lead Directly to a green card or provide a pathway to citizenship. -Please call 1800-566-7636 New york state New Americans Hotline for general questions or to complain about scams to defraud immigrants, etc. -do not get involved with any type of gangs ON or before or after applying for daca. -do not travel Outside the u.s. without advance parole (permission to travel) or DACA status will be terminated - avoid criminal convictions, particularly dwi, domestic violence, sexual abuse, exploitation, burglary, firearm offenses, drug distribution or trafficking. *don’t get in trouble with the law: Remember DACA is Discretionary*

WHO IS ELIGIBLE TO APPLY FOR DACA? 1. at least 15 years old to apply unless in removal proceedings, 2. under 31 as of june 15, 2012, 2. Arrived in the united states under age 16 3. Continuously resided in the united states from june 15, 2007 to the present 4. present in the united states on june 15, 2012 5. currently enrolled in school (high school, Ged, Esl, or vocational program), graduated from high school, obtained a ged or are honorably discharged veterans of the us coast guard or armed forces 6. not been convicted of a felony, signifIcant misdemeanor, 3 or more misdemeanors, or pose a threat to national security

WHAT PROOF DO YOU NEED TO PROVE DACA ELIGIBILITY? 1. passport or student identification card and birth certificate (with english translation )to show birth on or After june 15, 1981 2. school, medical, ETC.that shows entry in the united states before age 16 3. medical, financial, school, employment, military, church records, ETC. to show proof of continuous residence from June 15, 2007 to the present 4. report cards, high school regents schedule, medical records, paystubs, bank statements , ETC. to show physical presence on june 15, 2012 5. school enrollment letter or schedule to show currently in school, or high school diploma/ged. 6. if criminal record, obtain all certificates of disposition – it is very important to discuss convictions with an immigration legal service provider!

How to apply for DACA? Complete Forms: I-821D, I765, and I765ws Attach documentary evidence as explained Submit $465 money order made payable to U.S. Department of Homeland Security Attach two passport size photos For more information go to uscis.gov website http://www.uscis.gov/humanitarian/consideration- deferred-action-childhood-arrivals-daca

Immigration Status for DACA Recipients -family-based immigration; -special immigrant juvenile status (SIJS); - Violence Against Women Act: * battered spouses, children or parents of u.s. citizens or permanent residents * u visa * T visa - Temporary Protected Status (TPS).

CONTACT US! Catholic charities provides Legal services at the ona center located at the newburgh armory: 321 South william Street, 2nd floor, newburgh, ny 12550 to make an appointment, please call (845) 562-4736