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DACA: What’s At Stake Fred Tsao Eréndira “Ere” Rendon myforefront.org
The Resurrection Project Fred Tsao Illinois Coalition for Immigrant and Refugee Rights Friday, September 29, 2017 myforefront.org
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DACA Deferred Action for Childhood Arrivals
Main Points: Welcome Introduce yourself If there is time, have everyone introduce themselves
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DACA Basics Executive Action by President Obama In order to qualify:
Born after June 15, 1981 Arrived before turning 16 Arrived before June 15, 2007 & demonstrate continuous presence Are currently in school, have graduated from high school or have obtained a GED Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind
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Who are the DACAmented As of June 30, 2017: 793,026 Country DACA
Mexico 622,743 El Salvador 28,571 Guatemala 20,000 Honduras 18,385 Peru 9,102 South Korea 7,282 Brazil 7,400 Ecuador 6,725 Colombia 6,608 Philippines 4,674 State DACA California 223,749 Texas 124,774 Illinois 42,537 New York 42,503 Florida 33,207 Arizona 27,936 New Jersey 22,227 North Carolina 27,455 Georgia 24,234 Washington 17,937
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Who are the DACAmented Results from Tom K. Wong1 et al., 2017 National DACA Study Impact on Economy Increased average hourly wages by 42% from $9.83 per hour to $13.96 per hour 95 percent of survey respondents are currently employed or enrolled in school 54% reported buying their first car 12 % reported purchasing their first home Education 46% of respondents are currently in school 4% high school or GED diploma 20% associate degree 4% trade, technical, or vocational certificate 70% bachelor’s degree or higher Integration 90% reported obtaining a driver’s license or state identification card for the first time
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DACA Initials No more initial DACA applications are being accepted
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DACA Renewals: Anyone whose DACA expires before March 5, 2018, USCIS can renew, but must do so before October 5, 2017. Anyone whose DACA expires after March 5, 2018 cannot renew.
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What are financial options available to pay for the application?
USCIS fee for renewal applications is $495 Scholarships Mexican Consulate The Resurrection Project Mission Asset Fund: lc4daca.org Loan Second Federal Saving Credit Union
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Work Permits DACAmented, have the right to legally work in the U.S. until their work permits expires. Employer cannot fire; put on leave; or change work status until after work permit has expired.
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Advanced Parole New advance parole applications will not be accepted.
Pending advance parole applications will be closed and fees will be refunded. DACA recipients should seek legal assistance before traveling abroad if they have already been granted advance parole. Main Points:
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Social Security Numbers
SSN is a valid number for life SSN can be used for education, banking, housing and/or other purposes SSN contains a condition on it that requires a valid work permit to use it for employment purposes. SSN can be used to pay taxes including on consulting income
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How will DACA keep working?
Work permits are valid until their expiration date. Once work permit expires, anyone can still work as an independent contractor or own a business.
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How Can DACA Keep Going to School?
In-state Tuition is available to ALL Illinois Residents who have lived in IL for 3 years The Chicago Star Scholarship in for City Colleges of Chicago is open to ALL Chicago students: There are numerous private scholarships available Main
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What is Going to Happen with Sensitive Information?
When applying for DACA, application was submitted to United States Citizenship and Immigration Services (USCIS) USCIS is a separate department from Immigration and Customs Enforcement (ICE) Being on USCIS’s radar does not mean DACA recipients will be placed in deportation proceedings However, once DACA expires, DREAMers cannot use DACA to stop their deportation Main Points: USCIS and ICE are 2 different agencies. It’s not normal that they will communicate with each other unless there is a reason to. USCIS will not refer people to ICE automatically
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Forefront Statewide DACA Webinar September 29, 2017
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Driver’s Licenses Post-DACA
Illinois issues regular licenses to anyone with a valid Social Security number. DACA recipients with current work permits can therefore get a license BUT new applicants will be asked to provide immigration status documents; licenses will expire when the applicant’s DACA/ work permit will expire
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Driver’s Licenses Post-DACA
Anyone who is not currently eligible for a Social Security number can get a Temporary Visitor Driver’s License (TVDL). TVDLs are valid for three years, are visually distinct from regular licenses and are not valid for government identification. TVDLs are available at 36 Secretary of State facilities. Appointments are not necessary except at the Chicago North and West facilities.
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Driver’s Licenses Post-DACA
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Driver’s Licenses Post-DACA
DACA recipients who got licenses before July 1, 2016, and did not let their licenses lapse more than 12 months should NOT be asked about their immigration status should NOT provide documents or information indicating that they are not citizens or permanent residents. In such cases, the Secretary of State should renew the license for a full 4 years
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DREAM Act (S 1615/ HR 3440) First filed in 2001; reintroduced in each Congress since then Has historically received bipartisan support Sponsored by Sens. Graham and Durbin, Reps. Roybal-Allard, Coffman, and Ros-Lehtinen Currently has 9 Senate co-sponsors and 200 House co-sponsors
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DREAM Act (S 1615/ HR 3440) Must have entered US before turning 18
Must have been present in US four years before enactment Must not have left US more than 180 days total or 90 days on any single trip Must have no lawful status; includes individuals with DACA and TPS Must be admitted to institution of higher education, or must have earned high school diploma or GED, or enrolled in high school or GED program
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DREAM Act (S 1615/ HR 3440) People with previous removal orders can apply Must pass criminal background check—can be disqualified for single felony or 3+ misdemeanors Waivers may apply Expunged offenses (which usually count for immigration purposes) might not count
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DREAM Act (S 1615/ HR 3440) Applicants initially apply for conditional status Can apply for green cards after 8 years if they Complete a bachelor’s degree or two years of college; Serve two years in military or are honorably discharged; Work three years (75% of time with work permit); or Qualify for hardship exception Applicants then qualify for citizenship after five more years with green cards
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Recognizing America’s Children Act (HR 1468)
House Republican alternative to DREAM First filed March 2017 Sponsored by Rep. Curbelo 34 cosponsors, all but one of whom are Republican
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Recognizing America’s Children Act (HR 1468)
Must have entered US before turning 16 (cf 18 for DREAM) Must have been present in US since 1/1/2012 Must not have left US more than 180 days total or 90 days on any single trip Must have been physically present in US on 1/1/2012 Must be admitted to institution of higher education, or must have earned high school diploma or GED, or has a work permit
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Recognizing America’s Children Act (HR 1468)
Must not have final removal orders (unless she was allowed to stay in US, or order was issued before she turned 18) Must pass criminal background check—can be disqualified for single felony or any combination of misdemeanors for which total sentence is at least one year in prison. Waivers may apply Must also meet more general “good moral character” standard (drugs, prostitution, gambling, alcohol abuse)
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Recognizing America’s Children Act (HR 1468)
Applicants initially apply for conditional status – valid for 5 years Can apply to renew conditional status if they Enrolled in college; Enlisted in military; Worked 48 months Applicants can apply for green cards after renewing conditional status—but must apply for green card within 10 years of getting conditional status Applicants then qualify for citizenship after five more years with green cards
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SUCCEED Act (S 1852) “Solution for Undocumented Children through Careers Employment Education and Defending our nation” Senate Republican alternative to DREAM First filed September 2017 Sponsored by Sen. Tillis 2 cosponsors, both Republican
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SUCCEED Act (S 1852) Must have entered US before turning 16 (cf 18 for DREAM) Must have been present in US since 6/15/2012 Must have been under 31 and out of status as of 6/15/2012 If 18 or older Must have earned high school diploma or GED; Must be enrolled in college; OR Must be enlisted in US armed forces
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SUCCEED Act (S 1852) Must pass criminal background check—can be disqualified for single felony or significant misdemeanor Must also meet more general “good moral character” standard (drugs, prostitution, gambling, alcohol abuse) Must have paid any outstanding taxes Must not have final removal orders (unless she was allowed to stay in US, or order was issued before she turned 18)
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SUCCEED Act (S 1852) Applicants initially apply for conditional status
Applicant must sign waiver of any claims for most other forms of immigration benefit or relief If applicant is under 18, conditional status is valid until the applicant turns 18 For applicants 18 or older, conditional status is valid for 5 years, during which they must Earn a college or vocational degree; Attended college for at least 8 semesters; Serve 3 years in military; or Work 48 out of 60 months
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SUCCEED Act (S 1852) Conditional residents who fulfill one of these requirements, pay taxes, and keep a clean criminal record can renew for 5 more years Conditional residents can then apply for green card after 10 years of getting conditional status Status can be terminated if an applicant Fails to enroll in school within one year Enlists but fails to complete basic training within one year Fails to maintain employment for more than one year Fails to meet other requirements
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SUCCEED Act (S 1852) Applicants who get green cards then qualify for citizenship after five more years “Individuals would not be able to petition immediate relatives to immigrate to the U.S…. while they go through the legalization process.” (no “chain migration”)
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American Hope Act (HR 3591) More generous alternative to DREAM
First filed July 2017 Sponsored by Rep. Luis Gutierrez with 153 other cosponsors (all Democrats)
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American Hope Act (HR 3591) Must have entered US before turning 18
Must have been present in US since 12/31/2016 Must not have left US more than 180 days total or 90 days on any single trip Must have no lawful immigration status (might be eligible even with final removal order)
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American Hope Act (HR 3591) Must pass criminal background check
Can be disqualified for certain convictions, but waivers may apply
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American Hope Act (HR 3591) Applicants initially apply for conditional status – valid for 8 years Can apply for green cards after 3 years if Pass criminal background check Not convicted of certain crimes Not abandoned residence in US Time with DACA counts toward the 3 year requirement Applicants then qualify for citizenship after five years with green cards—but time with conditional status counts toward 5 year requirement
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BRIDGE Act (HR 496) Stopgap measure to protect DACAmented individuals while Congress approves a more permanent solution First introduced January 2017 Sponsored by Rep. Coffman 31 total co-sponsors: 16 Democrats, 15 Republicans
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BRIDGE Act (HR 496) Requirements are identical to DACA
Individuals who have DACA or would be eligible for DACA can get provisional protected presence (PPP) for three years No provisions beyond three years
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Basic Know-Your-Rights Information
Everyone – whether documented, DACAmented, or undocumented -- has rights in this country. Do not open the door unless the agents have a warrant signed by a judge Do not sign any documents you do not understand Remain silent Ask to speak with an attorney
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Basic Know-Your-Rights Information
Family Support Hotline 855-HELP-MY-FAMILY
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myforefront.org
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