PRESIDENT OBAMA’S IMMIGRATION ANNOUNCEMENT REVISED MARCH 2, 2015.

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Presentation transcript:

PRESIDENT OBAMA’S IMMIGRATION ANNOUNCEMENT REVISED MARCH 2, 2015

EXECUTIVE ACTION AND IMMIGRATION REFORM The President is directing federal immigration agencies to: Prioritize use of resources Defer deportation and permit certain noncitizens to remain in the U.S. for period of time Provide work permits to deferred action recipients On November 20, 2014, President Obama announced executive action on immigration Only Congress can pass laws – Congress has not passed an immigration bill

DEFERRED ACTION & THE ANNOUNCEMENT – STANDING UP FOR IMMIGRANT FAMILIES Protects parents with new DAPA program Expands DACA to cover more people

NUMBERS OF PEOPLE PROTECTED 4.4 million parents of U.S. citizens and LPRs 290,000 more people eligible for DACA

UPDATE: IMMIGRATON LAWSUIT 26 states sued the federal government The states challenged Expanded DACA and DAPA initiatives in federal court arguing that the initiatives are unlawful and harm state economies. In response, California, New York, and 10 other states and DC told the judge that DAPA and DACA will increase state revenues. On February 16, 2015, a judge ordered a temporary stop to the start of expanded DACA and DAPA – the U.S. government is fighting that ruling.

WHAT DOES THIS ORDER MEAN? Expanded DACA and DAPA are temporarily delayed nationwide while the lawsuit is pending. The decision does not mean that the President’s actions were illegal. Legal scholars agree that the president’s actions are constitutional. The government is requesting a “stay,” so that expanded DACA and DAPA can go forward while the case is appealed. Stay tuned for up-to-date information!

WHAT SHOULD I DO NOW? DACA (June 15, 2012) The lawsuit does not affect the original DACA program. You can still apply for DACA if you qualify under the original 2012 guidelines. You can still renew your DACA. Expanded DACA and DAPA This is a bump in the road. Use this time to gather documents and continue preparing! We will continue to fight until the President’s immigration initiatives become reality.

WHAT DEFERRED ACTION IS NOT Amnesty Pathway to U.S. Citizenship Legal Permanent Residency (“Green Card”)

WHAT IS DEFERRED ACTION? Ability to remain in the United States without being deported during 3 years* Ability to apply for work authorization Ability to apply for a Social Security number Ability to apply for a Drivers License

DEFERRED ACTION FOR PARENTS OF US CITIZENS AND PERMANENT RESIDENTS (DAPA) Parent of a U.S. citizen or green card holder, as of November 20, 2014 Continuous residence in the U.S. since January 1, 2010 Physical presence in the U.S. on November 20, 2014 and at the time of request No lawful immigration status as of November 20, 2014 Pass security and criminal background checks

CRIMINAL RECORD OR RECENT REMOVAL ORDER Get legal counseling to find out if your criminal or immigration record affects your eligibility. Certain criminal offenses; terrorist or gang activity; and/or recent deportation orders may disqualify you and/or expose you to removal proceedings.

Deferred Action for Childhood Arrivals (DACA) Entered the United States before turning 16 years old Continuously resided in the U.S. since January 1, 2010; Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; Certain criminal and national/public safety bars will apply **You must generally be at least 15 years old in order to apply. ** Physically present in the U.S. without lawful status on June 15, 2012 and at the time of request;

Expanded DACA: What is the difference? Continuously resided in the U.S. since January 1, 2010 (Not June 15, 2007) Elimination of the upper age limit – you can’t be too old to qualify as long as you meet the other requirements Extends the renewal of DACA and work authorization to 3 years (it used to be for 2 years)

I HAVE DACA NOW, WHAT DOES THIS MEAN FOR ME? Your work permit is still valid as issued. Your case is not affected by the lawsuit and you will receive your DACA renewal and work authorization. MY RENEWAL APPLICATION IS PENDING, WHAT DOES THIS MEAN FOR ME?

WHAT IF I DON’T QUALIFY FOR DACA OR DAPA? Deportation priorities have changed to focus on: certain criminal offenders; those who threaten national security recent immigration violators Information about these categories will continue to develop. The government does not have resources to deport all undocumented people.

WHEN CAN I APPLY? Parents of U.S. citizens and green cardholders Application process was planned to open within 180 days (by May 2015) Expanded DACA Application process was planned to open on February 18, 2015) The application process is NOT open yet. We hope the lawsuit will be resolved and new timeline will be released in the near future.

BEWARE OF FRAUD! There is no way to apply yet! Don’t believe anyone who says they can sign you up for a program now. Information will continue to develop. Consult trusted resources to learn more.

WHAT WE KNOW ABOUT THE APPLICATION PROCESS - Complete application form (not yet available) - $465 fee (no waivers; very limited fee exemptions) - Supporting evidence - Fingerprinting and background check

WHAT CAN I DO TO PREPARE? 1.Save money for filing fees (at least $465) 2.Gather evidence to show you qualify 3.Gather any immigration and criminal records that you have 4.Consult with a licensed immigration lawyer or a BIA accredited representative

GATHERING EVIDENCE Proof of identity Passport from home country ID card from home country Birth certificate from home country and photo ID School or military ID with photo U.S. immigration document with photo and name

GATHERING EVIDENCE Documents showing relationship with U.S. citizen or LPR child Birth certificate of child Copy of green card of child Naturalization certificate of child Adoption decree of child, if adopted child Marriage certificate, if stepchild

Continuous residence since 1/1/2010 & physical presence on 11/20/2014 (for DAPA) and 6/15/2012 (for DACA) GATHERING EVIDENCE Passport entries Birth certificates of children born in the U.S. School records Military records Records from a religious organization confirming participation in a religious ceremony Rental agreement, contracts, receipts, mortgage Tax receipts Medical records & insurance Dated bank activity DMV records, license, registration, insurance Money order receipts for money sent in or out of the country Union or other organization membership records 22

CRIMINAL HISTORY Get documents related to any contact with police or law enforcement State criminal recordsFBI reportCourt records

RESOURCES For more information from the government go to DACA Page: action-childhood-arrivals-daca action-childhood-arrivals-daca To receive updates from USCIS, subscribe here: iber/new?topic_id=USDHSCIS_74 iber/new?topic_id=USDHSCIS_74 Register with United We Dream at

RESOURCES Find Legal Help and Resources on How to Prepare to Apply How to Get Your Criminal Records How to Get a Copy of Your Immigration File How to Get a Passport or Identity Document for Mexican Nationals

CONTACT INFO & HOW TO GET INVOLVED [PRESENTER CONTACT INFO GOES HERE] [WAYS TO GET INVOLVED]