1. Volunteer Training on the New Immigration Relief Programs In Iowa
*Welcome Volunteers*
Volunteer Training on the New Immigration Relief Programs In Iowa
Good morning/afternoon/evening, my name is [ ] and on behalf of [organization] and the University of Iowa College of Law’s Advanced Immigration Law and Policy class, we thank you so much for volunteering your time to help us with this exciting event.
You all are critical to making the presentation tomorrow a success.
Tomorrow’s presentation is meant to educate the local community about the new immigration relief programs and answer any questions the community may have.
We hope in the future to host a free immigration relief clinic to help people apply for the programs we are going to discuss today.
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2. *Today’s Plan* Greet & make people feel welcome
2. Active audience members
3. Answer questions about
the worksheet
4. Direct people after the
presentation
We are here today to train you, as volunteers, to help us give this presentation tomorrow. The trainig should last about 2 hours, but maybe a bit more depending on questions.
Your help is needed for four main reasons.
Tonight we will show you the presentation that we will give tomorrow night.
Explain the difference between tonight and tomorrow.
Explain volunteer slides.
Ask for questions- write down, someone will collect them and answer at the end.
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3. The New Immigration Relief
Programs In Iowa
This is the beginning of the presentation.
We will greet the audience and introduce volunteers.
Presentation will last about 1.5 to 2 hours.
Explain the point of the presentation: to provide information about the new removal priorities, DAPA, DACA, and immigration concerns specific to Iowa.
Explain the screening worksheet: its purpose, participants do not need to fill out the identifying top portion, and it is just for them and to help attorneys/BIA reps answer questions in the consultations after the presentation.
Explain that questions will be taken from participants, but they must write down their questions on a sheet of colored paper provided to them. There will be a volunteer coming around the room with a basket where the participants can anonymously submit their questions. The questions will be answered all together at the end of the presentation.
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4. President Obama’s November 20, 2014 Address
English
Spanish
How many of you have watched President Obama’s speech from last November? [Ask for show of hands].
By a show of hands, who wants to hear the clip in English? In Spanish?
What program is the President describing? [ANSWER: DAPA].
The President also talked about other new programs in his speech.
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5. What is Administrative Relief / Executive Action?
What President Obama is saying in his speech is that there are about 11 million undocumented people living in the U.S.
The government doesn’t think it’s fair, nor do they have the money, to make all 11 million leave the country. So, the government decided to focus on deporting people with criminal histories and people who recently entered the U.S. and allowing many families to stay.
This is not the comprehensive immigration we have all been hoping for; we have to keep fighting for immigration reform.
But, we hope some of the programs will give temporary relief to many families and a path to a green card.
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6. Recent Injunction
You may have heard that DAPA and DACA are paused for the time being.
A U.S. judge in Texas issued an injunction.
An injunction temporarily stops DAPA and DACA from moving forward.
The President has already taken action to remove the injunction.
We are waiting for an appeals court to decide whether the programs can move forward.
We believe the DAPA and DACA be available in the future, hopefully summer or fall, BUT WE ARE NOT SURE.
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7. Today’s Presentation Priorities 2) DAPA 3) DACA
Order of events: priorities, DAPA, DACA, and some final reminders.
We will have already introduced the participants to the Screening Worksheet. You should also have a worksheet (in either English or Spanish) and a pencil with you tonight.
Please fill out the worksheet tonight as if you were a participant so you can become familiar with the worksheet and help answer questions.
Reminder: purpose of worksheet is to help the participants and will not be collected.

8. Before explaining the priorities, we will ask people to fill in basic questions about how they entered the U.S. and immigration history.
Become familiar with these questions.
Help people tomorrow if they have questions.

9. *Volunteer Tip* Ineligibility and the New Priorities
Explain why we are starting with priorities.
The priorities affect everyone regardless of status.
Don’t want people applying for DAPA/DACA who are a priority.
We also think it is important for people to know if they are a priority, so they can be prepared and as a community, we can help them make a plan.
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10. 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
We understand that talking about criminal history is uncomfortable and hard to talk about.
We know immigrants are not criminals.
But, we have seen these new priorities in action recently in our community.
This is a really tough topic to think about and talk about, but we really want to make sure all the participants have accurate information and knows to speak with an immigration attorney if they think they may be a priority.
The new enforcement priorities announced by President Obama replaced the old program: Secure Communities.
The new priorities are broken up into 3 categories. Generally speaking, the higher the priority, the quicker a person may be placed in removal proceedings.
IN IOWA, PRIORITY 1 AND PRIORITY 2 ARE BEING TREATED THE SAME.
Go through priorities:
Priority 1: more serious criminal offenses
Priority 2: 1 conviction for significant crimes multiple convictions of other crimes).
Priority 3: just immigration related.
The next slides have examples. It’s difficult to figure it out sometimes, so talk to an attorney.
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants, ]]

11. Examples of Priority 1 Crimes
Any felony in Iowa
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
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
These are examples of Priority 1 crimes.
Priority 1 includes all FELONIES.
Priority 1 also includes crimes with a sentence of at least 1 year in jail or prison (regardless of whether you actually served the 1 year. Suspended sentences or probation count).
(Have translator read the examples on the screen).
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,

12. 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?
Priority 1 does not just include criminal convictions.
This is the first of our “examples,” which are like story problems. We are going to read through the examples and then we are going to ask for volunteers to answer the questions.
IF NO ONE VOLUNTEERS, we will count on you to raise your hand and answer the question.
Let’s looks at Jose’s story.
By a show of hands, who thinks José is a deportation priority?
Why or why not?
[ANSWER: PRIORITY 1- Jose falls into Priority 1 because he entered after January 1, 2015)].
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13. Sexual Abuse or Exploitation Unlawful Possession or Use of a Firearm
Priority 2 Crimes
Sexual Abuse or Exploitation
Unlawful Possession or Use of a Firearm
Burglary
Domestic Violence or Assault
Drug Trafficking or Distribution
Driving Under the Influence (DUI or OWI)
Any offense with a jail sentence of 90 days or more
There are two categories of crimes that fall under priority 2.
These are examples of what we call significant misdemeanors.
That means that you only need 1 conviction for any of these crimes to fall into Priority 1.
{Have translator read the crimes on the screen).
REMEMBER: It does not matter how long ago the crime happened. It does not matter if the person didn’t actually go to jail.
Domestic Assault and OWI/DUI affect the most people.
For Domestic Assault, it is important to know that a protective order alone will not make someone a priority, just the actual court conviction by a judge.
Also, sometimes people assume charges were dropped because the other party involved didn’t want to go forward. Please still come talk to us because the State is the only one who has the power to drop charges and we want to make sure that is what happened.
An OWI conviction has been the most common concern throughout Iowa.
If a participant has had an OWI/DUI conviction, they should come speak to the attorneys after the presentation.
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,

14. *Volunteer Tip* OWIs or DUIs is the most common issue we see.
TIP 1: OWI conviction makes a person fall into the Priority 2 category.
Participants need to be reminded that even if they have completed their sentence, paid the fine, gone through education programs, and it has been many years since it happened.
TIP 2: there are many people who assume charges were dropped, especially domestic assault charges. Remind participants that if they were ever charged with domestic assault, they should talk to an immigration attorney. Only the State can actually drop charges, the victim cannot have charges dropped.
TIP 3: Juvenile adjudications (not convictions for DAPA/DACA).
But, immigration can consider them when deciding whether to approve or deny a DACA/DAPA application.
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,
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15. 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. She did not spend any time in jail. Maria paid the fine.
Now, we have another example.
Let’s look at Maria’s story.
By a show of hands, who thinks Maria is a deportation priority?
Why or why not?
[ANSWER: PRIORITY 2- Maria is deportable because she was convicted for an OWI).
**************Does it matter that Maria was not sent to jail?
[ANSWER: NO- a conviction for OWI is sufficient to make a person fall into Priority 2].
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16. More Priority 2 Crimes… NOT Traffic Tickets
Public Intoxication
Simple Assault or Disorderly Conduct
Possession of Marijuana under 30 grams for personal use
Trespass
These are examples of the second category of priority 2 crimes.
These are often called simple or serious misdemeanors in Iowa.
The difference with these crimes is that you need 3 or more convictions to be a priority 2 (whereas with the previous list of crimes you only needed 1 conviction).
Traffic tickets ARE NOT crimes that will make a person fall into a priority, unless the stop involved drugs or alcohol.
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,
NOT Traffic Tickets

17. 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, 2014.
Like Priority 1, it is not just crimes that make people fall into Priority 2.
Here is an immigration example. Let’s look at Jules’ story.
Show of hands…who thinks he is a deportation priority?
Why or why not?
[ANSWER: PRIORITY 2- Jules’ is deportable because he cannot prove he has been living in the U.S. since January 1, 2014].
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18. Received an Order of Removal on or after January 1, 2014
Priority 3
Received an Order of Removal on or after January 1, 2014
Priority 3 is a short one.
Priority 3 includes anyone who went through immigration deportation proceedings and was ordered removed on or after January 1, 2014.
[[Source: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,

19. That completes the priorities!
That completes are section on the new enforcement priorities.
Again, we understand that this is not fun to talk about. However, prior criminal convictions do not automatically make a person ineligible for the programs.
If a participant has prior charges OR interactions with the police or immigration, please encourage them to talk with an attorney.

20. Other Immigration Options
Provisional Waivers
Parole in Place
Before moving on to DAPA, we want to mention very briefly 2 other immigration programs announced by President Obama.
Provisional waivers are for people who are applying for a visa through a family member and do not want to have to leave the country and their families for an extended period.
Provisional waiver recipients still have to leave the country for a consular interview, but they will not have to leave the country to submit their application and during processing.
If your provisional waiver is granted, you can leave the country without fear of being barred from the U.S. for 3 or 10 years.
Parole-in-Place is for family members of U.S. military and veterans who are eligible to adjust status and receive a green card.
Parole-in-Place recipients can adjust status without having to leave the U.S. and incur a 3 or 10 year bar from reentering the U.S.
[[Source: Expansion of the Provisional Waiver Program: Families of U.S. Armed Forces Members and Enlistees:

21. *Volunteer Tip*
Provisional Waivers and Parole-in-Place offer great benefits to those who are eligible: a path to green card with only brief departure (Provisional Waiver); not leaving U.S. (PiP).
So, why only one slide?
Both programs are much more complicated than DAPA/DACA and definitely require assistance of immigration attorney.
Anybody who might be eligible should speak with us after the presentation during the individual consultations.
[[Source: Expansion of the Provisional Waiver Program: Families of U.S. Armed Forces Members and Enlistees:
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22. DAPA Deferred Action for Parents of Americans
The first program we will talk about is DAPA, also known as Deferred Action for Parents of Americans.
By a show of hands, who has heard of DAPA?
It is important to understand that there are many details we still don’t know about DAPA.
President Obama announced DAPA in November of 2014 but the Form and guidelines not yet available.
We expect that DAPA will resemble DACA in many ways.
Before the DAPA application becomes available, you can do many things to prepare, which we will discuss in the following slides.
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23. Limits Benefits Not a green card or visa
Not a path to a green card or citizenship
USCIS has discretion to grant or deny DAPA
3 year protection from removal
Travel Abroad
Social Security Number
Work Permit
There are many benefits to DAPA, but also some limits and risks to consider when deciding whether to apply.
(Have the translator read the limits).
To receive DAPA, a person must apply, meaning they must provide information about themselves and their family to USCIS.
USCIS has stated this info will not be shared with ICE unless determined a priority for removal. This is why it’s important a person makes sure they are not a priority before applying.
(Have the translator read the benefits).
The 3 year protection from removal is only protection from removal based on unlawful presence in the U.S. If a person commits any crimes that make them fall into a priority, DAPA will not protect them from removal for the criminal convictions.
If a person receives DAPA, they will still have to REQUEST permission from immigration to leave.
Once they get a work permit, they will also get a SSN, and with a SSN they will most likely be able to get a DL. However, we cannot be completely sure until the application is available and the Iowa DOT decides how they will handle these cases.
Driver’s License

24. Iowa Driver’s Licenses
If a person receives DAPA and are eligible for an Iowa Driver’s License, they should be very careful if they previously had an Iowa driver’s license.
Here’s why: when getting Iowa DL, must show SSN or lawful presence in the U.S.
Thus, undocumented people cannot lawfully get a DL because don’t have valid SSN and do not have lawful presence.
Undocumented immigrants sometimes use another person’s SSN or a made up SSN to get a DL.
Once approved for a DL, you get your picture taken. With the DL picture, the Iowa DOT uses facial recognition software to record the person’s facial features.
So, if that same person goes to the Iowa DOT years later to get/renew a DL with a new, lawful SSN, the facial recognition software will recognize the person.
The DOT will then know that the person previously used a different SSN/name and alert the police about fraud.
Fraud is often a felony and could trigger Priority 1.
For these reason, no person should submit an Iowa DL to USCIS without talking to an attorney.
Now to eligibility requirements.
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25. 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
There are 5 basic eligibility requirements that a person will have to meet in order to be eligible for DAPA.
(Have translator read the five requirements).
We will go into in more detail in the following slides.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:

26. Throughout the following slides, we will ask participants to fill out questions under the “DAPA Questions” portion of the worksheet.
If participants have questions about the worksheet, please answer them if you can.

27. Are you a parent of a U.S. citizen or does your child have a green card?
You must have been a parent of U.S. Citizen or LPR on or before November 20, 2014.
Your child must have been born in the U.S., naturalized, or received a green card on or before November 20, 2014.
We still are not sure whether step-parents or adoptive parents qualify as a parent for DAPA purposes.
We expect that USCIS will clarify this question once they release the DAPA guidelines.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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28. Now, we will ask participants to answer question #1.
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29. 2. Have you lived in the U.S. since January 1, 2010?
The second requirement is that you must have continuously lived in the U.S. since January 1, 2010.
One possible exception is if you came to the U.S. on a temporary visa, had permission to leave the U.S., and returned to U.S. while temporary visa still valid.
If you have even briefly left U.S. in order to take care of a sick family member, attend funeral, wedding, or birth, please come talk to us after the presentation.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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30. *Volunteer Tip* Removal (Deportation) Expedited Removal
(Final Order of Removal)
Expedited Removal
Voluntary Departure
Voluntary Return
4 main ways that immigration authorities require people to leave the U.S.
FIRST is removal (deportation) [INA 240]. Judge gives what is called a final order of removal, which also leads to a 3 or 10-year ban [INA 212(a)(9)(B)(i)(I); INA 212(a)(9)(B)(i)(II)] from U.S. Even if a person was deported 9 or 10 years ago and returned to the U.S., not be eligible to apply for DAPA or DACA.
SECOND is Expedited Removal. Expedited removal is when an immigration official (not a judge) orders a person to immediately leave the U.S. [INA 235(b)(1)(A)(i)] Similar to deportation, a person removed by this method faces at least a five-year ban from reentering the U.S.
THIRD is Voluntary Departure. When judge decides to simply tell a person to leave the U.S. without also giving a final order of removal. Without the final order of removal that comes with deportation, a person may not banned from returning to U.S. [240B(b)(1)]
Voluntary Departure does not necessarily prevent eligibility for DAPA or DACA, though participants who have received voluntary departure should speak with an attorney before applying.
FOURTH is voluntary return, happens only at the border, similar to voluntary departure in that no final order of removal. A participant who has received voluntary return should speak with an attorney before applying.
With all four, fingerprints ARE collected and photos taken. Applicants for DAPA and DACA must go through biometrics screening, i.e., collecting fingerprints/photos.
This why it is SO important for to be truthful about any run ins with ICE.
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31. 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 2010.
To make sure we understand these requirements, let’s look at Ana’s story. [Have translator read example].
By a show of hands, who thinks Ana meets the continuous residence requirement?
Why or why not?
[ANSWER: NOT ELIGIBLE - voluntary departure does not disqualify Ana, but she left in March 2010, so has not lived in the U.S. continuously since January 1, 2010].
Ana is unfortunately not eligible to apply for DAPA.
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32. Now, participants will answer questions #2 and #3 on the “DAPA” section of worksheet.
If they have any questions, or need assistance, you will help them.

33. 3. Were you in the U.S. on November 20, 2014?
The third priority is pretty simple.
You must have been physically present in the U.S. on November 20, 2014, when President Obama announced programs.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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34. Now, the participants will answer question #4 on the “DAPA” part of worksheet.
If they have questions, you will help them.

35. 4. Did you lack lawful immigration status on November 20, 2014?
The fourth criteria is that you cannot have had lawful immigration status on November 20, 2014, as well as when you apply.
If you had a temporary visa, it must have expired before November 20, 2014.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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36. 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?
To make sure we understand this requirement, let’s look at Samir’s story. [Have translator read example].
By a show of hands, who thinks Samir is eligible for DAPA?
Why or why not?
[ANSWER: NOT ELIGIBLE- Samir’s work visa is expired after November 20, 2015, so Samir had lawful presence and is not eligible to apply for DAPA].
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37. Participants will now answer question #5 on the “DAPA” part of worksheet.
Once again, if they have any questions, you will help them out.

38. *Plus, you cannot fall into one of the priorities
The fifth criteria is that you cannot have certain criminal or immigration related history.
We began presentation with new Enforcement Priorities because they affect anyone applying for immigration relief.
Earlier, you answered specific questions on your worksheet about immigration and criminal history.
Again, if you checked yes on any of those questions, or you are not sure, you should definitely come talk to us after the presentation.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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39. 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
Those are all of the eligibility requirements.
As mentioned, we are not sure when the DAPA application will be available, but we hoping sometime this summer. Again, we cannot be sure.
It will cost $465 to apply for DAPA. There is no fee waiver, so no is the time to start saving money.
Applicants will also have to submit supporting documents with your application to prove you are in fact eligible.
This gives people several months to collect these documents and records.
Now let’s discuss what documents are needed.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:

40. Documents you need to apply for DAPA
As we go through the required documents, we encourage the participants to write down any documents they know they have or know they will need to find on the back of the worksheet (shown on the screen).
This will make it easier to remember what documents are necessary while we wait for the DAPA application to come out.

41. #1: Proof of your Identity
You will need to provide proof that you are who you say you are.
There are several documents that you can use to prove your identity.
Your passport or other official Photo ID from your home country.
Your municipal ID card.
An expired U.S. visa if you entered the U.S. on a temporary visa, or an expired work permit.
Be very careful about providing a U.S. driver’s license based on the DOT reasons we discussed earlier in the presentation.
[[Source: waiting for USCIS DAPA guidelines]].
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42. #2: Proof you are a parent to your child
*Make sure your name is on the birth certificate.
Next, you will need proof that you are the parent of a U.S. citizen or a green card holder.
You can use your child’s birth certificate (or adoption decree) or green card.
Make sure that your full, legal name is listed on the birth certificate as a parent.
[[Source: waiting for USCIS DAPA guidelines]].
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43. #3: Proof your child is a U.S. citizen or has a green card
You will need proof that your child is a U.S. citizen or has a green card.
Can also be your child’s U.S. birth certificate, certificate of citizenship, or valid green card.
[[Source: waiting for USCIS DAPA guidelines]].
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44. #4: Proof you have lived in the U.S. since January 1, 2010
Next, you need proof that you have lived in the U.S. since January 1, That means you will have to find records for the past 5 years.
We recommend that you find at least one document for every 3 months, beginning with at least one item from before January 1, 2010.
Many different documents can work, each document should have your name and a date.
The best documents are bank statements: Bank statements always have your name and a date and are easy to collect.
If you do not have bank statements for the past 5 years: leases or mortgages or any money order receipts.
[[Source: waiting for USCIS DAPA guidelines]].
Bank Statements!
Leases or mortgages
Money Orders
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45. More examples… Vaccination records
School records for you or your children
Passport (for certain individuals)
Affidavits from community members
Others types of proof are vaccination records for your children;
School records for your children;
Medical or hospital records; and
Military records.
Gym membership entrance records or library fine records.
You should talk to an attorney before submitting work records or taxes if you ever worked without authorization.
If you absolutely cannot find any of these records, there is one final option. You can collect signed statements from two or more community members, such as a religious leader, explaining that you have resided in the U.S. during a specific time. The statement must be in English and must be notarized. However they cannot be used alone. You must combine affidavits with other forms of proof.
If you have questions about how to notarize a document, you can ask [organization].
[[Source: waiting for USCIS DAPA guidelines]].
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46. If you entered the U.S. on a temporary visa…
For those who entered the U.S. on a temporary visa and overstayed, a copy of your passport is a good supporting document.
Your passport will have a U.S. entry stamp that shows when you entered the U.S.
If there is not an exit stamp, this will show that you have been in the U.S. since your entry date.
You should still submit other supporting documents that we just discussed.
Are there any questions before we move on?
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47. #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
If you have ever had contact with police/ICE, you will have to collect documents for each time you have come into contact with them.
You will need to collect copies of original citation or ticket;
Arrest records;
Court orders finding you guilty or not guilty of a crime, court orders dismissing any charges, court orders sentencing you to jail, a suspended sentence, or a fine;
Court orders requiring you to enter drug or alcohol treatment or attend anger management classes;
Documents relating to probation or parole; and
Court orders expunging or deleting your criminal record.
Can collect these documents from the courthouse where the crime happened or where you went to court.
Any past criminal charges: come speak with us after the presentation. You should ALWAYS speak with an attorney about any criminal history, even if you think it might not show up on your record.
End of DAPA section. Any questions about DAPA before move to DACA?
[[Source: waiting for USCIS DAPA guidelines]].
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48. *Volunteer Tip*
Community members may ask whether or not ineligible because received welfare benefits like WIC or CHIP.
NO! If the parent has received WIC or CHIP, it is based on their child’s U.S. citizen status.
In no way disqualifies the parent from applying for DAPA. USC child receiving the benefit.
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49. DACA: Deferred Action for Childhood Arrivals
Many of you have probably heard about DACA. Today, what we are talking about today is a “new” DACA program that President Obama announced in November 2014.
Here, we will ask how many participants are here because they think they are eligible or a friend or family member might be eligible for DACA. We will also ask how many of you would like to hear about DACA, just in case no one is interested and we can save some time!
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50. Old DACA New 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
There are some changes between the old DACA program and the new DACA program.
[Have translator go through the charts].
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents: and Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents

51. Limits Benefits 3 year protection from removal
Not a green card or visa
Not a path to a green card or citizenship
USCIS has discretion to grant or deny DACA
3 year protection from removal
Travel Abroad
Work Permit
Social Security Number
First, DACA is administrative relief, like DAPA. This means that it is not a law passed by Congress, but a choice by President Obama on who to prioritize prosecuting.
Therefore there are some limits. (Have translator read the limits).
Even though there are limits, DACA is a great option for certain people and can provide many benefits. (Have translator read the benefits).
Again, like DAPA, it is important to understand that DACA offers protection from deportation based on unlawful presence only. DACA does not protect you from deportation if you become an enforcement priority for criminal or other immigration reasons.
With DACA, you can request permission from the government for travel abroad such as vocational, educational programs. It doesn’t allow travel for fun, like a vacation, unfortunately.
And you will also be eligible for a work permit and most likely a driver’s license, just like DAPA.
Driver’s License

52. 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
There are seven requirements to be eligible for DACA. We will go over them in more detail in the following slides.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
Over 15 years old when applying
Not an enforcement priority
Graduated, GED, in high school, or in the U.S. Armed Forces

53. To keep track of all of these requirements, we ask that you fill out questions like we did with the other portions of the presentation.

54. Did you come to the U.S. before your 16th Birthday?
The first requirement is whether you came to the U.S. before your 16th birthday.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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55. 2. Have you lived in the U.S. since January 1, 2010?
The second requirement is exactly the same as DAPA: Have you lived in the U.S. since January 1, 2010?
If you left for a short period of time for things like visiting a sick family member or going to a wedding, you might still be eligible, but you should come talk with us after the presentation.
If you left because of a court order, you are probably not eligible for DACA.
Please come and talk to us if you have ever left the U.S. since January 1, 2010, and we can help you to determine if you still meet this requirement.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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56. We will ask the participants to answer questions #1 and 2 at this time.

57. 3. Were you in the U.S. on November 20, 2014?
The next two requirements are exactly like DAPA.
First were you in the United States on November 20, 2014?
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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58. The participants will answer question #3.
Please help the participants if they have any questions.

59. 4. Did you have lawful immigration status on November 20, 2014?
The fourth requirement is again the same as DAPA. Did you have lawful immigration status on November 20, 2014?
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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60. Now, participants will answer question #4.
Please help the participants if they have any questions.

61. 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
The fifth requirement is that you must meet the education requirements or be in the military.
There are a lot of educational programs that qualify, so if you haven’t graduated from high school, but have done another type of school, please talk with us after the presentation to see if you qualify.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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62. Now, participants will answer questions #5(a) through 5(d).
Please help the participants if they have any questions.

63. 6. Are you over 15 years old?
You have to be 15 in order to apply for DACA.
Children under 15 do not need to apply for DACA until they are 15.
Remember, unlike with the old DACA program, you can’t be too old to apply.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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64. Now, participants will answer question 6.
Please help the participants if they have questions.

65. *Plus, you cannot fall into one of the priorities
You should have already completed the enforcement priorities questions on your worksheet.
Please remember to speak with us if you think you might fall into one of the categories for removal priorities.
[[Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are Parents of U.S. Citizens or Lawful Permanent Residents:
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66. 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
That completes the requirements!
Remember that right now, because of the injunction, no one can apply for the new DACA program, but you might still be able to apply under the old DACA guidelines.
If you think this might apply to you, please come and talk with us after the presentation.
If you think that you will only be eligible for the new DACA program, there are some things you can do right now to prepare until the injunction is lifted.
For example, you can start saving for the $465 fee and start collecting required documents.

67. Documents you need to apply for DACA
As we go through the documents that applicants need to collect to apply for DACA, we will have participants write down any documents they think they have, or need to get, on the back of their worksheet.
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:

68. #1: Proof of your identity
To apply for DACA, you will have to provide proof of your identity.
We already discussed some of the options.
But, other options for DACA may be a School IDs or military IDs with photos.
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:
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69. #2: Proof of Entry Before 16th Birthday
You will need to provide proof that you entered the U.S. before your 16th birthday.
This is usually proven by school enrollment records, immunization records, or report cards.
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:
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70. #3: Proof you have lived in the U.S. since January 1, 2010
Like DAPA, you will have to provide proof of continuous residence since January 1, 2010.
Examples include bank statements, leases or mortgages, or money orders (for example, from Western Union).
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:
Bank Statements
Leases or mortgages
Money Orders
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71. More examples… Vaccination records School record
Passport (for certain individuals)
Written statements from community members
Acceptable documents also include report cards from school, medical records, immunization records, passport in some cases, or even written and notarized statement, or “affidavit,” from community members, such as a priest or pastor. These statement, though, cannot alone prove continuous presence and must be used in combination with other forms of proof.
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:
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72. 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
The last category is proof of criminal history.
If you have been arrested or charged with any felony or misdemeanor in the United States, or a crime in any country other than the United States, you must submit evidence showing the result of the arrest or charges.
Remember, if you feel you may be priority or have any criminal history, please come talk with us after the presentation.
While juvenile charges may not make you ineligible, they will be considered, so you definitely want to talk to an attorney.
[[Source: Instructions for Consideration of Deferred Action for Childhood Arrivals:
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73. Renewal Not an enforcement priority 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
Now we will ask if anyone has already received DACA or would like to learn about the process to renew DACA?
If a person has already received DACA, they need to apply for renewal 2 years from the date they received DACA.
If a participant thinks they need to renew DACA, direct them to talk with an attorney or BIA Rep after the presentation.
This is the end of our section about DACA. We will ask if anyone has any questions about DACA that they would like to ask before we cover a few last points?

74. Don’t Pay Anyone for the DAPA or DACA Form!
Notario fraud- this has been a big problem in many Iowa communities.
Sadly, there are individuals in Iowa who have been charging people hundred or thousands of dollars for the DAPA application or promising to speed up the processing of their application.
NO ONE HAS THE DAPA OR NEW DACA APPLICATION YET.
The renewal DACA forms are available, but that is it.
You should never pay anyone for the application: free off of the USCIS website.
No one can pay immigration to speed up the process or hold your place in line.
This does not mean that a person should never pay an immigration attorney for their legal advice or guidance if they have questions. They should just not be paying for the actual form or faster processing.
You should let other community members know this so that we can stop these horrible acts.
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75. Final Reminders
No person should not leave the U.S. before applying for DACA or DAPA, or while waiting to hear back.
If a person leaves, they may break the continuous residence required for both DAPA and DACA.
Also, if a person leaves, they could be stopped and denied admission at the border, which would make them a priority 1 (people stopped at the border on or after January 1, 2015).
If a person makes it past the border and back to Iowa, they also may not be able to prove continuous presence in the U.S. since January 1, 2014, which makes them a priority 2.
If a person receives DACA or DAPA, they can apply to leave the country without fear of being denied reentry.
Don’t leave the U.S. before applying or while your application is processed!
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76. Iowa Driver’s Licenses
Here we will remind the participants about the facial recognition software.
We will also remind them about not submitting an old Iowa DL as proof without talking to an attorney.
They should also talk to an attorney before applying for a new Iowa DL.
Advise people to come talk to us if they had a DL from another state.
Remember, if someone is caught for having used a fake or someone else’s name or social security number to get a DL, they will be reported to police and charged with fraud. This will make that person a priority.
Now we will ask the participants to fill out questions #1-3 on the back of their worksheet under “Official Documents” section.
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77. *Volunteer Tip* Where did you work? How were you paid?
Did you file taxes?
Did you use a Social Security Number or ITIN to file taxes?
Finally, our last volunteer tip!
Community members may have questions about whether they can submit tax returns or pay stubs as a supporting document/proof.
Always ask…(on slide).
Taxes can be filed with SS# or ITIN (Individual Taxpayer Identification Number)? An ITIN can be used in place of Social Security Number when a person files taxes with the IRS. It is a 9 digit number and always begins with the number 9.
You may notice that in our presentation, we did not recommend submitting work records or taxes to USCIS. 2 reasons:
First, if an applicant has been working in the U.S., the law requires them to pay taxes. We do not want applicants submitting evidence of their income if they have not regularly filed taxes, without first speaking to an attorney.
Second, working in the U.S. under another person’s Social Security number or a made up number (don’t want people getting deported). SS# is used for many documents: taxes, often on pay stubs, DL, car registration.
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78. This is the end of our presentation!
At this point, we will answer the questions that were collected in the basket.
While we answer questions, you can help us make sure the Iowa Courts Online table is ready to go and the individual consultation area is set up.
Discuss the individual consultations: who will be answering questions and who will be translating?
Here is what you can do to help us after the presentation:
Have participants form lines for individual consultations.
Check on people in line & see if they finished their worksheet.
Have each person pass by the Iowa Courts Online Table before talking to us (voluntary, but encourage it).
Direct people to us.
Don’t give legal advice.
Does anyone have any questions about the set-up of the presentation? Any other questions?
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79. See you [when] at [time]!
Again, thank you so much for being here and taking the time to help us in this project!
We hope that you can come back and help volunteer at a future immigration relief clinic.
We will stick around for a bit if you have specific questions.
Otherwise, we will see you [when] at [time] right here in this room! Thank you!
We also hope to see you at a future clinic this summer!
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