1. DACA Update + Know & Exercise Your Rights!
Main Points:
Welcome
Introduce yourself
If there is time, have everyone introduce themselves
Updated: January 16, 2018
Sources: National Immigration Law Center & The Resurrection Project

2. What Will We Cover Today?
Updates on Deferred Action for Childhood Arrivals (DACA)
Know Your Rights with Police
Know Your Rights with Immigration
Preparing an Emergency Plan
Overview of Immigration Relief

3. Update on DACA Announcement
On Jan. 9th, 2018, a Federal District Court judge in California issued an order mandating that USCIS resume accepting DACA applications for most individuals who have previously been granted DACA.
Although the Trump administration is appealing this order to higher courts, until further notice, DACA renewals will be accepted, based on the terms in place before it was rescinded on Sept. 5, 2017.

4. Who Can Reapply?
Anyone who has previously been granted DACA is eligible to apply. Depending on when your DACA expires (or expired) there are different processes for completing your application (explained below).
IMPORTANT: Only individuals who have previously been granted DACA are eligible to apply under this court order. If you have never been granted DACA in the past (even if you would have previously been eligible to apply), you CANNOT apply under this order.
The DACA Renewal window is temporary. If you and a trusted legal service provider determine you qualify, apply immediately!
- The Department of Justice has appealed the DACA decision and is looking to take this fight to the Supreme Court.

5. How do I apply? If your DACA is EXPIRED (Part 1)
If your DACA expired ON OR AFTER Sept 5th, 2016 you may send USCIS a DACA Renewal Application:
Forms to fill out:
1) Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
2) Form I-765, Application for Employment Authorization;
3) Form I-765WS Worksheet.

6. How do I apply? If your DACA is EXPIRED (Part 2):
If your DACA expired BEFORE September 5, 2016, you must complete an INITIAL DACA application:
- All applicants must include the date their DACA expired or will expire on Part 1 of the Form I-821D, and complete all sections of the I-821D (including those indicated as “for initial applications only”).
- All applicants must include the supporting documentation necessary for an initial application (including proof that the applicant meets the education requirement, proof of entry before age 16, proof of continuous presence and related documents).

7. How do I apply? If your DACA is NOT YET EXPIRED:
If your DACA expires in the next 150 days:
You should be able to file to renew your DACA status using Forms I-821D, I-765 and I-765WS.
If your DACA expires in MORE than 150 days:
It is unclear if USCIS will adjudicate these applications. Applicants can submit applications, but USCIS may reject them or decline to process them.  

8. What are the risks of applying?
There is no guarantee that USCIS will fully process your DACA application. The Trump administration is appealing this decision and a higher court may allow USCIS to stop processing these applications.
You may lose your $495 application fee.
Any new information you submit to USCIS, including personal information such as your address and criminal history, may be shared with immigration enforcement agents. Although USCIS says it is only sharing this information in certain limited circumstances right now, that could change in the future.

9. What can DACA recipients, families & communities do NOW?
ORGANIZE
Fight to pass the DREAM ACT by Jan 19th continues! Legislation like the Dream Act is the only permanent solution. Continue to organize!
2) GET A LEGAL SCREENING
Find out if you are eligible for DACA Renewal or if youmay be eligible for other form of immigration relief
3) KNOW YOUR RIGHTS
Know what to do and say if you have an encounter with the police or immigration
4) PREPARE AN EMERGENCY PLAN FOR YOUR FAMILY

10. KNOW YOUR RIGHTS
It is VERY important that all DACA recipients, their parents & community members without DACA know your rights and how to exercise them
All decisions on DACA applications and renewals are at the discretion of USCIS on a “case by case” basis
All must stay vigilant in protecting yourselves through knowing your rights

11. You Have the Right to: REMAIN SILENT DO NOT LIE
SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY
In Immigration, an attorney is at our own expense
NOT SIGN ANYTHING
NOT PERMIT AN ENTRY
It is NOT necessary to open the door unless ICE or the Police have a signed Judicial Warrant
I wish to remain silent
Main Points:
Everyone has these rights- these rights are constitutional
You must say “I wish to remain silent”
Additional information:
Immigration agents can use tactics to intimidate and try to force someone to signing documents
It’s important to not sign anything even if it’s in your native language. The documents may have legal repercussions and it’s important to understand those repercussions before you sign anything.

12. Know Your Rights With the Police
If you are stopped on the street:
Tell the officer you do not want to speak
Ask if you are free to go and walk away calmly
You are not obligated to respond to any questions
If you are stopped in your vehicle:
If you are the driver, you will be asked to provide driver’s license, vehicle registration, and proof of insurance
In order to legally search your car, police need a warrant or probable cause to believe that criminal activity is occurring
“Am I free to go?”
Main Points:
Many times a deportations can begin after having had interactions/ problems with the police. That is why its important to avoid confrontations and know your rights
It’s risky to drive without a license and even more risky and dangerous if you’re driving under the influence.
It’s always important to ask “Am I free to go?” and walk away calmly.

13. Court and Bond: Police Court
If you have court or probation and you do not go, you will have a warrant for your ARREST
Bond
Pay 10% of bond. Local rule & practices on this may vary.
Bond will be reimbursed or credited
Main Points:
SHOW UP TO COURT
Have someone who will be able to pay your bond/fine; a person with a legal status.
Additional Information:
The person who pays for bond will have to be physically present at the appropriate district police.
Make sure you receive copies of all the payments made

14. Know your Rights: If ICE Comes to Your Home or Workplace
DO NOT OPEN THE DOOR
You are NOT required to open the door unless ICE has a warrant signed by a judge
Ask them to show you the warrant – Slide it under your door or hold it up to the window
IF THEY TRY TO FORCE THE DOOR OPEN
Write down the agents’ badge numbers and vehicles’ license plate numbers
IF ICE COMES TO YOUR WORKPLACE
ICE needs to have a judicial warrant or permission from your employer to enter your workplace
Main Points:
If ICE comes to your home, do not open the door. Unless they have a signed and valid judicial warrant
If ICE tries to force their entry or knocks down the door, take down as much information as possible
ICE must have a valid judicial warrant to enter into private places
Additional Information:
ICE will rarely show up with a judicial warrant
Once you open the door, it is then very difficult to avoid answering any questions
Reference Know Your Rights Door hanger

15. Sample Administrative Warrant
ICE CANNOT COME INTO YOUR HOME
Main Points:
This does not authorize anyone to go into a private property/space
Notice it is signed by an ICE official and NOT A JUDGE
These only work if they pick you up on the street, not in your house
Additional Information:
This warrant is much easier to obtain given that it only has to be signed by an ICE official
It’s important to contact an attorney if ICE shows up with an administrative warrant to your home

16. Sample Judicial Warrant
Main Points:
If the Judicial warrant is correct, this gives authority to go in to the address listed
The warrant must have, Name, address, date and signed by a judge
When I doubt- DO NOT OPEN THE DOOR but agents will most likely force their entry
ICE officials will most likely be waiting outside your home
Additional Information:
Name and Address must be correct and without errors for the warrant to be valid
Date must be recent
Some warrants will specify for how long the warrant is valid for
Verify that the warrant has a judges’ signature

17. If you are Detained by ICE
Remain silent
Do not sign anything
Call your Attorney or emergency contact
You have the right to call your Consulate
Find out your A Number (9 digits)
Main Points:
You have the right to…Go over the 5 points
You will have to provide your emergency contact, attorney and your consulate with your A number
Additional Information:
Your A number will be on a tag around your wrist or your neck
The A number refers to “Alien number”. An A number is provided to someone who has applied for immigration status, legal permanent residents, or someone with an open immigration case

18. If a Family Member is Detained by ICE
Locate them: LOCATOR.ICE.GOV
Call your consulate’s emergency #
The person who pays bond must have legal status
Call your attorney
Call emergency hotline [Enter your orgs’ hotline info]
Main Points:
The attorney and the consulate will have easier and faster access to the person detained
If you do not have a lawyer, your consulate or ICIRR emergency hotline number will be able to help you
Additional Information:
Contact your consulate to find out if they have an emergency contact number
There are minimal risks if the person who pays your bond is a U.S. citizen

19. Court and Bond: Immigration
If you have court or supervision and you do not go, you will have an order of DEPORTATION.
Bond:
You must pay 100%
The person who pays must be a U.S. Citizen or Legal Permanent Resident.
Bond is reimbursed at the end of your case if you comply with all immigration court directives
Main Points:
YOU MUST GO TO COURT. Not going to court does not mean you will not be deported.
Immigration bonds are generally never less than $1,500 and it depends on the person’s case. The average cost of a bond is $5,000
Bond is reimbursed at then end of the case to the person who paid it
Additional Information:
There has been recent cases where a person who shows up to their supervision appointment is deported. That is why it’s important to have a lawyer go with you to your supervision appointment

20. Basic Vocabulary to Exercise your Rights:
I wish to remain silent.
I wish to speak with a lawyer.
I do not consent to your entry.
I do not consent to your search of these premises.
I will not sign any document I do not understand.
Main Points:
These are the main phrases you will need to know, in case you are arrested on the street or in your car, or if ICE comes to your home.
Take the time to practice the vocabulary with the audience
Additional Information:
Establish how you will practice the basic vocabulary with the audience.
The presenter will say each line one by one
The audience will then repeat the sentence one by one
Tell the audience they can record and practice at home

21. Begin Preparing your Emergency Plan
Identify who will take care of your children and assets and have a meeting about it.
Update your emergency contact information at your children's school and doctor.
Apply for your children’s double nationality and their passport and verify your options with your consulate.
Gather important documents in a safe place and make sure your emergency contact is aware of it.
Save money. Make sure your bank account is connected to a debit card so you can access it in another country and make sure you have access to online banking.
Main Points:
Make sure your family is aware and knows of your emergency plan
Prepare your documents in a safe place and make sure your emergency contact knows where to locate the documents
Use the Emergency Plan packet that will be given to you at the end of the presentation as a guidance when gathering your documents.
Additional Information:
Inform your emergency contact person of your plan and make sure your children are also aware of it.
Having a short term guardianship can be an option. The possibility of both parents being deported at the same time is unlikely
Update your children's school and medical information so your emergency contact or trusted person can receive limited information regarding your children.
Your children do not loose any rights or U.S. status by receiving a double citizenship. They actually have more benefits by being a citizen of their parents country of origin.
It’s important to obtain your children's U.S. passport asap because it becomes much more difficult if one parents is not present.
You must apply for the U.S. passport with time as it may take weeks to receive it. You must complete form DS-82 that can be filled out and submitted at a Post Office.
Examples of documents to gather in one place: Passports, Birth Certificates, Diplomas/ School records, medical records, ID’s, Marriage certificates, Custody documents, Bank Statements and any other documents you think are important or necessary for your family to be aware of.
Consider adding a trusted person to a joint account with you
There are several ways to protect your money. Keeping cash at home is not a safe place and will make it difficult to access if you are detained or deported.

22. Immigration Relief Cancellation of Removal U visas for crime victims
T visas for trafficking victims
Family-based visas
VAWA
See an immigration attorney or DOJ recognized non- profit
MAIN POINTS:
It’s important to consult with an attorney for possible options of an immigration relief
Additional Information:
Cancellation of Removal- the change of an individual's immigration status while in the United States from nonimmigrant (temporary) to immigrant (permanent) if the individual was inspected and admitted into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. 
Each case is different which is why it’s important to consult with an attorney and find out your options.
DACA Certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action does not provide lawful status.
DACA can be removed at any moment
Keep in mind, you are running the risk of submitting your application for the first time because immigration will now have your information
The risk of renewing your application is loosing your money in case DACA is removed
U-Visa- The U nonimmigrant status is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
T Visa- Is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
Modern-day slavery in which traffickers lure individuals with false promises of employment and a better life
Traffickers often take advantage of poor, unemployed individuals who lack access to social services
Family Based Visas- A U.S. citizen may petition for certain family members to receive either a Green Card, or visa based on your relationship – Spouse, Children, Parents, Siblings, Fiancé
VAWA- As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA)
IT’S IMPORTNANT TO CONSULT WITH AN ATTORNEY REGARDING YOUR OPTIONS

23. Assistance List Local Resources
List resources available for Immigration, short term guardianship and Fraud. Include a phone number they can call for help in your area

24. Questions?