The New Immigration Relief Programs In Iowa Photo Source:
President Obama’s November 20, 2014 Address English Spanish Photo source:
What is Administrative Relief / Executive Action? Photo Source:
Recent Injunction Photo Source:
Today’s Presentation 1)Priorities 2) DAPA 3) DACA
Enforcement Priorities Priority 1 Felonies Gang Activity National Security People stopped at the border on or after January 1, 2015 (applies for people now living in Iowa) Priority 2 Certain significant misdemeanors Multiple misdemeanors Persons who unlawfully entered the U.S. and cannot prove continuous presence since January 1, 2014 Abuse the visa or visa waiver program Priority 3 Order of removal on or after January 1, 2014
Examples of Priority 1 Crimes Burglary + 1 year jail sentence Theft + 1 year jail sentence Crimes or Violence + 1 year jail sentence Forgery or receiving stolen property + 1 year jail sentence Any felony in Iowa Sexual Abuse of a Minor Drug Distribution or Trafficking Firearms Distribution or Trafficking Obstruction of Justice + 1 year jail sentence Deceit or Fraud of $10,000 or more
Immigration Priority Example José is from Guadalajara, Mexico. José wants to join his family in Los Angeles, California. On January 16, 2015, José attempted to cross the border without entering through an immigration crossing point. José was stopped as he attempted to cross the border. Is José a deportation priority? If he is deportable, which priority does he fall into? Photo Source:
Priority 2 Crimes Domestic Violence or Assault Sexual Abuse or Exploitation Unlawful Possession or Use of a Firearm Burglary Drug Trafficking or Distribution Driving Under the Influence (DUI or OWI) Any offense with a jail sentence of 90 days or more (actually served)
Criminal Priority Example Maria is undocumented and has lived in the United States for the past 7 years. One evening, Maria decided to drive home from the bar and was pulled over by the police. The policeman performed certain tests and determined that she was driving over the legal alcohol limit. Maria was arrested and charged with Operating While Under the Influence. Maria eventually plead guilty and was given a fine. Maria paid the fine. Photo Source:
More Priority 2 Crimes… Public Intoxication Simple Assault or Disorderly Conduct Possession of Marijuana under 30 grams for personal use Trespass NOT Traffic Tickets
Immigration Priority Example Jules is originally from Montreal, Canada. On July 17, 2014, Jules successfully crossed the United States-Canada border without entering through an immigration crossing point. On February 20, 2015, Jules was pulled over by a policeman. The policeman let ICE know about Jules’s undocumented status. Jules cannot provide proof that he has been in the United States since January 1, Photo Source:
Priority 3 Received an Order of Removal on or after January 1, 2014
Please come talk to us if you think you may be a priority or have any questions.
Other Immigration Options Provisional Waivers Parole in Place
DAPA Deferred Action for Parents of Americans Photo Source:
Benefits Limits Not a green card or visa Not a path to a green card or citizenship USCIS has discretion to grant or deny DAPA Driver’s License Social Security Number Work Permit Travel Abroad 3 year protection from removal
Iowa Driver’s Licenses Photo Source:
Who is eligible for DAPA? Parent of a U.S. citizen or green card holder on or before November 20, 2014 Continuous residence since January 1, 2010 Physically present in the U.S. on November 20, 2014 No lawful immigration status on November 20, 2014 Not an enforcement priority
1. Are you a parent of a U.S. citizen or does your child have a green card? Photo Source:
2. Have you lived in the U.S. since January 1, 2010? Photo Source:
Continuous Residence Example Ana is originally from Honduras. She crossed the United States border in January of 2007 without passing through an immigration check point. Ana settled in Iowa and was pulled over for speeding in January of Law enforcement reported Ana to immigration and she was given the option of voluntary departure. Ana took the voluntary departure, left the United States in March of 2010, and returned to Honduras. Ana reentered the United States in June of Photo Source:
3. Were you in the U.S. on November 20, 2014? Photo Source:
4. Did you have lawful immigration status November 20, 2014? Photo Source:
Lawful Status Example Samir is originally from Sudan. He came to the United States in January of 2008 on a temporary work visa. Samir’s work visa expired on December 15, Is Samir eligible for DAPA? Photo Source:
*Plus, you cannot fall into one of the priorities Photo Source:
I think I am eligible for DAPA! How do I apply? Application available in the future Start saving the $465 fee Start collecting required documents
Documents you may need to apply for DAPA
#1: Proof of your Identity Photo Source:
#2: Proof you are a parent to your child *Make sure your name is on the birth certificate. Photo Source:
#3: Proof your child is a U.S. citizen or has a green card Photo Source:
#4: Proof you have lived in the U.S. since January 1, 2010 Bank Statements!Leases or mortgages Money Orders Photo Source:
More examples… Vaccination records School records for you or your children Passport (for certain individuals) Affidavits from community members Photo Source:
If you entered the U.S. on a temporary visa… Photo Source:
#5: Court records or immigration records Citations or tickets Court orders finding you guilty, not guilty, or dismissing charges Court orders sentencing you to jail, a fine, probation, parole, or treatment Probation or parole documents Court orders expunging your record Must be certified Photo Source:
DACA: Deferred Action for Childhood Arrivals Photo Source:
Old DACA Under age 31 as of 6/15/12 Deferred action and work permit for 2 years New DACA No age limit Deferred action and work permit for 3 years Entered before 6/15/07 and have no status as of 6/15/12 Lived continuously in the U.S. since 1/1/10 Entered before 1/1/10 and have no status as of 11/20/14 Lived continuously in the U.S. since 6/15/07
Benefits 3 year protection from removal Travel Abroad Work Permit Social Security Number Driver’s License Limits Not a green card or visa Not a path to a green card or citizenship USCIS has discretion to grant or deny DACA
Who is eligible for DACA? Entered the U.S. before age 16 Continuous residence since January 1, 2010 Physically present in the U.S. on November 20, 2014 No lawful immigration status on November 20, 2014 High school student, high school graduate, or military member Graduated, GED, in high school, or in the U.S. Armed Forces Over 15 years old when applying Not an enforcement priority
1.Did you come to the U.S. before your 16 th Birthday? Photo Source:
2. Have you lived in the U.S. since January 1, 2010? Photo Source:
3. Were you in the U.S. on November 20, 2014? Photo Source:
4. Did you have lawful immigration status on November 20, 2014? Photo Source:
5. Do you meet the education or military requirements? ❏ Current high school student ❏ High school graduate ❏ GED program ❏ Career training program ❏ Current or former U.S. military member Photo Source:
6. Are you over 15 years old? Photo Source:
*Plus, you cannot fall into one of the priorities Photo Source:
I think I am eligible for new DACA! How do I apply? Application will be available in the future Start saving for the $465 fee Start collecting the required documents
Documents you need to apply for DACA
#1: Proof of your identity Photo Source:
#2: Proof of Entry Before 16 th Birthday Photo Source:
#3: Proof you have lived in the U.S. since January 1, 2010 Bank StatementsLeases or mortgages Money Orders Photo Source:
More examples… Vaccination records School record Passport (for certain individuals) Written statements from community members Photo Source:
Court records or immigration records Citations or tickets Court orders finding you guilty, not guilty, or dismissing charges Court orders sentencing you to jail, a fine, probation, parole, or treatment Probation or parole documents Court orders expunging your record Must be certified Photo Source:
Renewal Met initial DACA guidelines Did not leave the U.S. on or after Aug. 15, 2012 without advance parole Continuously resided in U.S. since getting DACA approved Not an enforcement priority
Don’t Pay Anyone for the DAPA or DACA Form! Photo Source:
Final Reminders Don’t leave the U.S. before applying or while your application is processed! Photo Source:
Iowa Driver’s Licenses Photo Source:
Thank You! Photo Source: