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Deferred Action for Childhood Arrivals

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Presentation on theme: "Deferred Action for Childhood Arrivals"— Presentation transcript:

1 Deferred Action for Childhood Arrivals
Overview Video:

2 Requirements of DACA Request DACA for the First Time
The following information explains the guidelines for requesting DACA for the first time. If you need further information and cannot find it in our Frequently Asked Questions, you can call our National Customer Service Center at or (TDD for the hearing- impaired). Customer service officers are available Monday-Friday from 8 a.m. to 6 p.m. in each U.S. time zone. You may request DACA if you: Were under the age of 31 as of June 15, 2012; Came to the United States before reaching your 16th birthday; Have continuously resided in the United States since June 15, 2007, up to the present time; Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; Had no lawful status on June 15, 2012; Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Age Guidelines Anyone requesting DACA must have been under the age of 31 as of June 15, You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

3 DREAM Act vs. DACA This is a confusing area for many people. The DREAM Act is potential legislation that must be passed by Congress and signed by the President into law whereas DACA is an Executive Order signed by President Obama in June 2012. The DREAM Act (acronym for Development, Relief, and Education for Alien Minors) has been stalemated in Congress for quite some time, which is why the President has attempted to address some of these issues through his Executive Order. Both  are designed to let people illegally residing in the United States to get their work authorizations, Social Security number, and driver’s license. Only the DREAM Act as previously written would enable a green card to be obtained. Meeting these criteria will allow undocumented residents to obtain a driver’s license and Social Security number and a 2 year work authorization. They will be permitted to renew the employment authorization at the end of those two years if DACA holds. It is the hope of many that the deferred action program will be successful and serve to convince Congress to pass the DREAM Act.

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5 Threats to DACA Recipients in Trump Era
Deportation: All the information DACA recipients provided to receive deferred action is held by U.S. Citizenship and Immigration Services (USCIS), which is under the DHS and processes immigration applications, green cards and naturalization. Immigration and Customs Enforcement(ICE) is under the DHS and responsible for enforcing immigration laws. There are protections that would block USCIS from handing DACA information to ICE, which it could use to deport people. Work Authorization: Ideally, a work permit should be good until the day it expires but DACA can be removed with an explicit termination of work authorization. Commuting Ability: Recipients may no longer get an in-state driver’s license. Healthcare & Education Financing: Recipients may no longer qualify for specific healthcare and lower in-state tuition in certain states Increased risk on renewals and initial applications: The National Immigration Law Center encourages all recipients to speak to an immigration attorney or a Board of Immigration Appeals before applying or renewing DACA applications if they are at increased risk of deportation based on criminal record, previous deportations, and overstaying visas. No international travel: Even with a valid advance parole document, Customs and Border Patrol (CBP) may refuse to let DACA recipients re-enter the United States.

6 Daniel Ramirez- 23 year-old DACA recipient
Ramirez came to US at the age of 7. Under DACA, he applied for protection from deportation and a work permit in 2014, and received both, that is deemed valid until May 2018. ICE Agents came to the home of Ramirez with a warrant for his father’s arrest, who was felon and has been deported in the past. Daniel and brother who also has DACA were in the house upon the raid. ICE claimed Ramirez admitted to being in the country illegally and being affiliated to a gang, his lawyer says this is inaccurate. His lawyer filed a complaint in court asking DHS to release Ramirez because he hasn’t been charged with anything, and as a DACA recipient should not have been detained in the first place. A judge has ordered federal officials to defend the arrest, and the federal government has now filed a brief claiming that they had placed Ramirez in deportation proceedings and when that happened he was stripped of DACA. Daniel’s alleged gang affiliation is anticipated to complicate his case and DACA eligibility because he can be deemed a threat to public safety.

7 GO BOSTON, CAMBRIDGE, AND SOMERVILLE!
Sanctuary City Funding Cities do not allow police departments to help ICE detain and deport immigrants Refuse to hold immigrants after judge has granted bail – unconstitutional to detain for civil immigration violations after a judge has ordered release Boston – police not allowed to detain immigrants for federal immigration officials unless they have a criminal warrant (deportation campaign pledge to eliminate all federal funding from sanctuary localities Supreme Court ruling – funding can only be withheld if it is relevant “to the federal interest in the project” Most sanctuary locals get federal money from multiple departments, most unrelated to immigration Federal funding makes up small percentage of budget

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9 MoCs Elizabeth Warren Ed Markey
supported Obama’s executive order that created DACA.  She believes immigration reform should have three components: Uphold existing laws, protecting our borders and enforcing our laws against recruiting, hiring, and exploiting undocumented workers Fair to all taxpayers and to legal immigrants. There should be a path to citizenship for undocumented immigrants, but one that would require them to pay taxes and go to the back of the line Help us retain talent trained at our world-class institutions and support job creation warren/W000817?q={%22subject%22:%22Immigrati on%22}  “He’ll fight in the Senate to pass comprehensive immigration reform that encourages individuals who were educated here to innovate here, cracks down on employers who hire undocumented workers, lays out a path to citizenship for the eleven million undocumented immigrants who are already here and allows the DREAM Act’s “dreamers” – those individuals who were brought here at a young age – to earn citizenship by serving in the U.S. military or pursuing higher education.”

10 S. 229 Protect DREAMer Confidentiality Act of 2017
Introduced on 1/24/17 To provide for the confidentiality of information submitted in requests for the Deferred Action for Childhood Arrivals Program, and for other purposes The Secretary shall protect individual application information from disclosure to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection for any purpose other than implementing the DACA Program The Secretary may not refer any individual whose case has been deferred pursuant to the DACA Program to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Department of Justice, or any other law enforcement agency Exceptions: (1) to identify or prevent fraudulent claims (2) for particularized national security purposed relating to an individual application (3) for the investigation or prosecution of any felony not related to immigration status Warren cosponsored

11 How can you stay informed and involved in cases like Daniel?
Donate to and follow these organizations for live updates Share KYR publically and with DACA recipients United We Dream We Are Here To Stay MIRA (Massachusetts Immigrant and Refugee Advocacy Coalition) ACLU Nationwide (American Civil Liberties Union) MALDEF (Mexican American Legal Defense Fund) UndocuMedia Know Your Rights (Right to Remain Silent): deportation-defense-card-handy-phone/ What Dreamers Should Start Preparing: ation/dreamer-makes-a-list-of-what-to- do-in-case-trump-eliminates-daca Stay alert about ICE raids in your area and impromptu protests.

12 What rallies and community engagements can you attend?
March 7: Sanctuary Schools Boston City Council Hearing: March 6: AG Maura Healey's Post-Election Town Hall: May 1: Un Dia Sin Inmigrantes (A Day Without Immigrants): May 6: The Immigrant’s March: Volunteer at citizenship clinics: clinics

13 Next Steps, in brief Sign petition to protect DACA
Call Markey and ask for him to sign S 229. S This bill clarifies the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement Introduced on 2/9/17 Markey & Warren cosponsored Text is not online for viewing yet Follow and donate to the organizations mentioned Attend your local rallies and meetings to voice immigration and DACA concerns Spread and share relevant information with DACA recipients via 1:1 interactions and social media Support sanctuary schools, cities, and states


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