PowerPoint Presentation

COMMUNITY NAVIGATOR TRAININGMODULE 3: ADMINISTRATIVE RELIEFApril 7, 2015

1ACKNOWLEDGEMENTSThis presentation is a product of the Committee for Immigration Reform Implementation (CIRI) Regional Coordination subcommittee. This was prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINICs 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM provided guidance on the Defending AR module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (ICIRR), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA-United Food and Commercial Workers naturalization partnership. 2Refer navigators to manual instructions2

www.adminrelief.org

MODULE 3:ADMINISTRATIVE RELIEF4Objective: Teach basics of the program: background, eligibility, benefits, and limitations

4WHAT HAVE YOU HEARD ABOUTADMIN RELIEF? 5Try to get a sense of what people have heard about the programsWhat they know alreadyWhere their information is coming from

5THE PRESIDENTS ANNOUCEMENTOn November 20, 2014, President Obama announced several executive orders on immigrationThe President is directing federal immigration agencies to prioritize use of resources and defer deportation, authorize work permits, allow travel These programs are referred to as administrative relief and up to 5.2 million could qualify6Explain Presidents November announcementOn November 20, 2014, President Obama announced several executive orders on immigrationThe President is directing federal immigration agencies to prioritize use of resources and defer deportation, authorize work permits, allow travel These programs are referred to as administrative relief and up to 5.2 million could qualifyIt is administrative relief because the President used his executive authority Only congress can pass laws Up to 5.2 million could be impacted by all changes (note that this information is from the Migration Policy Institute estimations vary) 4.4 million parents of USCs and LPRs will be eligible290,000 more people eligible for DACANote on End Secure Communities: The end of the Secure Communities program is another executive action victory. The Secure Communities program asked police to jail noncitizens stopped for any offense, including traffic offenses, until ICE could pick them up. Advocates fought hard to end the Secure Communities program because of the huge number of deportations Secure Communities generated6WHAT IS DEFERRED ACTION?The government will not place people who meet certain requirements into deportation proceedings Not legal immigration statusNot a path to citizenshipProtection, work permit, some approved travel7What does deferred action actually mean?The government will not place people who meet certain requirements into deportation proceedings Not legal immigration statusNot a path to citizenshipProtection, work permit

Explain further, answer questions: It is sort of like the government saying: We know you are in the country without permission or lawful immigration status, and we could deport you, but we will postpone any action on deporting you

7WHO QUALIFIES FOR DAPA?To qualify for DAPA, a person must:Be the parent of a U.S. citizen or LPR son or daughter born on or before November 20, 2014; Have lived in the U.S. since before January 1, 2010; Be in the U.S. on November 20, 2014 and on the date they apply for deferred action;Have no lawful immigration status in the U.S. on November 20, 2014; and Submit to, and pass, security and criminal background checks 3.7 million potentially qualify8Ask the room to tell you one requirement at a time for DAPA, write them out To qualify for DAPA, a person must:Be the parent of a U.S. citizen or LPR son or daughter born on or before November 20, 2014; Have lived in the U.S. since before January 1, 2010; Be in the U.S. on November 20, 2014 and on the date they apply for deferred action;Have no lawful immigration status in the U.S. on November 20, 2014; and Submit to, and pass, security and criminal background checks

8WHO QUALIFIES FOR DACA?DACA 2012Arrived in U.S. before 16 years old Age cap = 31In U.S. since before June 15, 2007High school diploma or GED or military2 year deferred actionEXPANDED DACAArrived in U.S. before 16 years old No age capIn U.S. since before January 1, 2010High school diploma or GED or military3 year deferred action91.5 million potentially qualifyAsk the room to tell you one requirement at a time for DACA, write them out DACA 2012Arrived in U.S. before 16 years old Age cap = 31In U.S. since before June 15, 2007High school diploma or GED or military2 year deferred actionExpanded DACAArrived in U.S. before 16 years old No age capIn U.S. since before January 1, 2010High school diploma or GED or military3 year deferred actionEmphasize the difference between old and new DACA, especially as it relates to what people can do now The government is NOT accepting applications for DAPA or expanded DACA now If an individual meets the old criteria for DACA 2012, they can apply now for the same 2 year action However, if the individual qualifies for DACA under the new criteria or DAPA, they will have to wait to apply

9COSTS AND PROCEDURESBoth programs will cost a $465 feeBoth programs will require biometrics Once the program begins, approved applicants will receive a three year grant of deferred action and work authorization

10Explain costs and procedures10BENEFITS OF DEFERRED ACTIONProtection from deportation for three yearsWork authorizationSocial security numberDrivers license in some statesAbility to request permission to travel abroad

11Ask navigators to list benefits, then go through the list 11LIMITATIONS OF DEFERRED ACTIONNot a green card or visaNot a path to citizenship Discretionary case-by-case decision based on DHS enforcement priorities No access to public benefits

12 Ask navigators to list limitations, then go through the list

12HYPOTHETICALS: WHO QUALIFIES?Tanya arrived in the US without legal documentation when she was 9 years old in 1999. She has lived in the US since that time. She was in school but dropped out and did not graduate. She is not currently in school and is not an honorably discharged veteran of the Coast Guard or Armed Forces. Might Tanya qualify for relief? Why or why not? If so, which kind?

13Ask the navigators these questions, have them answer and explain Answer: No, Tanya does not seem to qualify. She will not meet the education requirement for DACA. If she has U.S. born children she might qualify for DAPA, but we dont have that information Important to point out here that navigators cannot actually make that determination that would be unlawful practice of law. Instead, they can get a sense of who qualifies and suggest general next steps. More on this later 13HYPOTHETICALS: WHO QUALIFIES?Sanjay arrived in the US without legal documentation when he was 35 in 2008. Sanjays wife joined him here in 2012. They had a baby in 2013. Might Sanjay qualify for relief? Why or why not? If so, which kind? Might Sanjays wife qualify for relief? Why or why not? If so, which kind?

14Ask the navigators these questions, have them answer and explain Answer: Yes, Sanjay may qualify for DAPA based on his U.S. Citizen baby No, Sanjays wife may not qualify because she arrived after 2010This is an example of why we need comprehensive reform, this family needs to be able to stick together Important to point out here that navigators cannot actually make that determination that would be unlawful practice of law. Instead, they can get a sense of who qualifies and suggest general next steps. More on this later 14HYPOTHETICALS: WHO QUALIFIES?Rebecca is 40 and entered the US without legal documentation in 1990. She does not have children but is expecting. She has lived in the US since she arrived here and she graduated from high school.

Does Rebecca qualify for relief? Why or why not? If so, what kind?

15Ask the navigators these questions, have them answer and explain Answer: Yes, Rebecca may qualify for expanded DACA because it no longer has an age cap, and she wa s15 when she came hereImportant to point out here that navigators cannot actually make that determination that would be unlawful practice of law. Instead, they can get a sense of who qualifies and suggest general next steps. More on this later 15WHEN CAN ELIGIBLE APPICANTS APPLY?We dont know yetThere are NO APPLICATIONS out yet (except for DACA 2012) Beware of scams!!!1616THE FIGHT FOR IMMIGRATION ACTION CONTINUES26 STATES SUED THE OBAMA ADMINISTRATION

THEY FOUND A JUDGE WHO WOUD DECIDE IN THEIR FAVOR, AND HE DIDTEMPORARY SUSPENSION OF DAPA/EXPANDED DACA

DEPT. OF JUSTICE HAS ASKED A HIGHER COURT TO SET ASIDE THE JUDGES RULING17In the courtsTHE FIGHT FOR ADMIN RELIEF CONTINUES This is temporary This does not mean that the presidents actions were illegal DACA (2012) will continue as before Take action to defend immigration action We all need to prepare and help our communities prepare

1818WHAT CAN WE DO NOW?Encourage community members to: Save money for fees ($465) Gather evidence to prove they qualifyGather any criminal recordsConsult with an immigration lawyer or BIA repDefend admin reliefShare stories with presssBEWARE OF SCAMS!!!1919