1. DACA – BEYOND THE FAQ’S AILA – Spring Conference April 24, 2014 Liz Cedillo-Pereira mecp@cpimmigrationlaw.com Nancy Falgout nfalgout@nancyfalgout.com

2. WHAT IS THE DEFERRED ACTION?  It is an exercise of Prosecutorial Discretion from the Department of Homeland Security that allows certain undocumented individuals to apply for a work permit in the U.S.A. and prevent their deportation--as long as they meet specific requirements.

3. GREEN CARD?  Is Deferred Action a Green Card? No, this is only a temporary stop gap and does not grant permanent legal status to anyone. .

4. WHO QUALIFIES? Requirements: 1.Age at entry 2.Continuous Presence in the U.S. 3.Status 4.Education 5.Good Moral Character 6.Age at announcement 7.Presence in U.S. Who qualifies for a Deferred Act

5. REQUIREMENT 1 – AGE @ ARRIVAL  Arrived in the U.S. under the age of 16 “Established Residence”

6. REQUIREMENT 2 – CONTINUOUS PRESENCE  Continuously resided in the U.S. for at least 5 years prior to June 15, 2012 and  Not impacted by brief, casual, innocent absence  Absence not due to order of exclusion, deportation or removal, voluntary departure  Actions during absence not contrary to law

7. REQUIREMENT 3 – UNDER 31  On June 15, 2012, (Day DACA announcement was made, person had to be under 31 years of age

8. REQUIREMENT 4 – STATUS  Entered without inspection before June 15, 2012 or lawful immigration status expired as of June 15, 2012

9. REQUIREMENT 5 – EDUCATION  “currently be in school” or  have graduated from high school or  have a GED or  be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.A.

10. EDUCATION  Currently in school:  GED  ESL  Literacy  Job Training Programs Http://www.twc.state.tx.us/sv cs/adultlit/adult-basic- education.html Texas Center for Advancement of Literacy and Learning

11. REQUIREMENT 6 – CRIMINAL ISSUES Not have been convicted of  a felony offense  a "significant” misdemeanor offense, or  3 or more non significant misdemeanors, or  pose a threat to national security or public safety;  DWI  Domestic Violence  Theft?  Controlled Substance Violations ?

12. REQUIREMENT 7 - PRESENCE  Presence in U.S. on June 15, 2012 is required.  http://abcnews.go.com/Politics/video/c helsea-clinton-hilary-clinton-glass- ceilings-event-teenage-23379811

13. WHO CAN FILE FOR THE DEFERRED ACTION? The deferred action is available to:  those in immigration proceedings  those with final removal orders  those who apply affirmatively.

14. DACA STATS 2012-2014 FIRST QUARTER

15. NATIONAL DACA NUMBERS States With Highest Numbers StateAcceptedApproved California174,241153,571 Texas100,06183,226 New York33,93630,008 Florida25,72020,565 Arizona21,62518,981 DACA is transforming young lives. DACA Quarterly Report 2/6/2014 – U.S. Citizenship & Immigration Services

16. DACA NUANCES  DACA may be granted despite existing grounds of inadmissibility or deportability  Criminal grounds  False Claims or other Misrepresentation  3- and 10- year Bars  Other grounds of Inadmissibility

17. CRIMINAL GROUNDS DACA  Felony /Significant Misdemeanor  DWI  Domestic Violence Immigration Law  CIMTs  Possession of Controlled Substance

18. FALSE CLAIMS  DACA  Not questioned  Immigration Law  No waiver in most instances

19. 3- AND 10- YEAR BAR  DACA  Stops accrual of unlawful presence  File while under 18 y/o  File ICE renewals  Immigration Law  Unlawful presence may be triggered  Advance Parole

20. REMOVAL, VR ORDERS  DACA  Qualified to apply for DACA notwithstanding removal order but review continuous presence  Immigration Law  Remain subject to court jurisdiction and need for filing motion to reopen for filings beyond DACA

21. DACA & ADJUSTMENT OF STATUS  Adjustment of Status with DACA  Matter of Arrabella and Yerabelly, 25 I & N Dec. 771 (BIA 2012)  Two adjustment applicants left pursuant to advance parole after accruing more than one year of unlawful presence. BIA held that advance parole saved them from the sting of the unlawfulp presence bar and reversed U.S. C.I.S. determination.  Same reasoning apply for those with DACA who travel abroad pursuant to advance parole?

22. ANATOMY OF A DACA  Ben comes to see you for an immigration consultation concerning an I-130 his dad filed on his behalf.  Facts:  Dad is a LPR  Ben’s DOB: June 15, 1981  Ben entered in 2002  With inspection  Went to school  But could not pass the exit exam  Returned to Mexico

23. CASE OF BEN  Ben came back to US  Ben returned to US on June 1, 2007  Received a high school diploma  Ben pled guilty to possession of marijuana in 2007  Ben worked at Baskin Robbins  Ben has a girlfriend who is a LPR and has a child

24. ANATOMY OF A DACA  Does Ben qualify for DACA?  Could Ben become eligible?  How does Ben’s immigration & criminal history impact his case?

25. MOVING FORWARD WITH DACA  Employment rights  Driver’s license  Social Security Cards  Credits under EITC

26. US CIS RENEWAL PROCESS  New dual use form due out in late May 2014  www.uscis.gov/humanitarian/consideration-deferred-action- childhood-arrivals-process www.uscis.gov/humanitarian/consideration-deferred-action- childhood-arrivals-process  File the revised version of Form I-821D,Form I-765, I-765WS, Worksheet  New Dual-use form for both initial and renewal filers and will contain modified questions pertaining to each situation.

27. US CIS RENEWAL PROCESS  Submit DACA renewal request package approximately 120 days (or 4 months) before current period of DACA expires. Requests made earlier than 150 days (or 5 months) before that expiration date to be rejected.  Only need to submit new documents pertaining to removal proceedings or criminal history not already submitted to USCIS.  No need to re-submit documents already submitted with previous DACA request that was approved

28. US ICE RENEWAL PROCESS Need for renewal with complete packet before expiration to avoid accrual of unlawful presence

29. DACA BY THE NUMBERS With the positive benefits, why have over 46,000 yet to For DACA in Texas?

30. BARRIERS TO APPLYING FOR DACA  Possible Barriers:  Lack of Information on DACA  Misinformation on DACA Requirements  Access to legal aide  Concern of Deportation for themselves and loved ones  Lack of parental permission  Difficulty to Afford Filing Fees  Societal Stigma  Waiting for immigration reform  Other Reasons

31. AILA ADVOCACY  Pocket DACA -  download and share ap  Dream Defenders –  take pro bono cases

32. AILA ADVOCACY Upcoming “Texas DACA Day” on August 16 th –  Participate in legal clinics throughout the state of Texas  Stay informed starting in May 2014 @  http://texaslawhelp.org/reso urce/deferred-action-for- childhood-arrivals-free- l?ref=Nbj9u http://texaslawhelp.org/reso urce/deferred-action-for- childhood-arrivals-free- l?ref=Nbj9u  and Univision webpage: www. univisiondallas.com.

33. THANK YOU GRACIAS NO ENDING UNTIL DREAM ACT PASSES