November Immigration Executive Actions and

Policy Changes

December 21, 2014

Information from:Chicago Religious Leadership Network on Latin America CRLN.orgIllinois Coalition for Immigrant and Refugee Rights ICIRR.org http://www.immigrationpolicy.org/executive-action-immigration-resource-pageUS Department of Homeland Security http://www.dhs.gov/Whitehouse releases US Department of State

In-Country Refugee/Parole Program

Announced 11/14/14For minors in El Salvador, Guatemala, HondurasParents lawfully present in USProvides for safe, legal and orderly alternative to dangerous journey kids are taking to USParents file a form requesting a refugee resettlement interview for unmarried children under 21The child will be assisted through the process by the International Organization for Migration in-countryProcess includes an interview, DNA testing, security checks and medical clearanceParents repay the cost of travel to the USA US resettlement agency will assist with reception, placement and registration for schoolDecember 2014 launch

What is Administrative Relief?

• “Administrative relief” is based on prosecutorial discretion--the power to make decisions about an immigrant’s ability to remain in the U.S. without congressional action• Administrative Relief

• IS NOT a law, but is administrative policy that can be changed or terminated at any time

• DOES NOT provide lawful immigration status• IS NOT a pathway to legal permanent residency or citizenship

• Administrative Relief - through the Department of Homeland Security (DHS)

• Can defer deportation (removal) for several years (with possibility of renewal)• Can grant work authorization• Can lead to a valid Social Security Number

Main Points of the 11/20/14 Announcement

Expand Deferred Action to include parents of U.S. citizens and green card holders

Expand Deferred Action for Childhood Arrivals to eliminate age cap, change date-of-entry, and extend Employment Authorization Document period to 3 years

End Secure Communities

Deferred Action for Parents (DAPA)

• Certain parents will be able to apply for “deferred action” if they•Had a son or daughter who is a US citizen or permanent resident (green card holder) as of November 20, 2014• Entered the US before January 1, 2010•Were present in the US and out of status on

November 20, 2014• Do not fall within ICE enforcement priorities

Deferred Action for Parents (DAPA)

•DAPA would be valid for three years•DAPA recipients could get work permits

and could apply to travel outside the US•DAPA will cost $465 (same as DACA)• The application period will start by late

May (within 180 days of the President’s announcement)

Parental Relationship•Birth certificate•Baptismal records•Adoption papers (for step-parents):

Certificate of marriage to other parent AND birth certificate listing other parent•Paternity acknowledgment/decree•Divorce/custody/child support order• School records•Medical records

Son/Daughter’s StatusUS citizenship•Birth certificate/ baptismal record•Passport•Naturalization or citizenship certificate

Lawful permanent resident status•Green card• I-551 passport stamp

Expanded DACA

• DACA is being expanded to cover more youths who arrived in the US before turning 16:• Youths must have entered the US before

January 1, 2010 (the current cutoff date is June 15, 2007)• There will be no upper age limit (currently

youths must have been born before June 15, 1981)• DACA will last for three years, instead of two

•These changes will take effect by late February (90 days after the President’s announcement)

•The fee will remain $465 and the basic application process will remain the same

Benefits & Limitations of DAPA & DACA

BenefitsProtection from

deportation for 3 year period

Work authorization

Social security number

Driver’s license in some states

May request permission to travel abroad

Limitations

Not a green card or visa

Not a path to citizenship

Discretionary case-by-case decision based on DHS enforcement

priorities

Enforcement PrioritiesReplace Secure Communities

ProgramPriority 1• People who are involved in terrorist activity or who pose a national

security risk• People caught immediately at the border• People convicted of gang crimes, felonies, or “aggravated felonies”

Priority 2• People convicted of 3 or more misdemeanors or of at least one

“serious misdemeanor (domestic violence, sexual abuse, burglary, certain firearm and drug offenses, DUIs, certain other offenses)

• People caught after entering the US illegally who came after January 1, 2014

• People who “significantly abused” the visa system

Priority 3• People ordered removed on or after January 1, 2014

What can Community Based Organizations do?

•participate in preventing fraud •provide outreach and education information regarding the requirements of AR when it is announced.•help applicants gather documentation for any possible application•refer applicants to legal service providers for legal screening and application preparation

Protecting from the Unauthorized Practice of Law

What is it? • "[T]he giving of advice or rendition of any sort

of service by any person, firm or corporation when the giving of such advice or rendition of such service requires the use of any degree of legal knowledge or skill.”

People ex rel. Illinois State Bar Ass'n v. Schafer, 404 Ill. 45, 51, 87 N.E.2d 773 (1949).

Legal Resources

FAMILY SUPPORT HOTLINE: 855-435-7693ICIRR IMMIGRATION LEGAL RESOURCES

www.icirr.org/content/immigration-legal-resources-referrals

Nonprofit organization referral listAttorney referral list

AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA): WWW.AILALAWYER.COM IMMIGRATION COURT LEGAL SERVICE PROVIDER LIST:WWW.JUSTICE.GOV/EOIR/PROBONO/FREELGLCHTIL.PDF

Backups

Volunteer Agreement & Policies •What is your role as a volunteer?• To assist possible applicants through the preparation process

and give general information about possible administrative relief without providing legal advice

•What is Legal Advice?• Applying law to specific facts• Telling an applicant what they should do in their particular

case as it pertains to any law• Instructing the applicant on how they should fill out the form • Instructing the applicant on which forms to file

•What Can Volunteers Do?• Gather supporting documents • Distribute information and connect applicants to legal service

providers for application preparation.

There is NO application for administrative relief

at this moment

Documentation Preparation

Documentation- for the past 5 years

• Last 5 years Continuously resided in the U.S.

since January 1, 2010• Documentation: Often third

parties with no potential benefit or gain from records are considered credible data sources for USCIS because they are professional, their records are not easily manufactured or falsified, and their documents are issued by a party with no direct interest in the immigration process.

Identification

• Obtain original birth certificates (yours/children) • Passports, consular IDs, marriage and/or divorce

certificates or adoption records• Any other identity document, e.g. driver’s license, school

ID• Translate foreign-language documents into English

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 Presence- Last 5 years and present on 20th of Nov, 2014

Collect records to show that you have lived in the United States

• Employment: check stubs, letters, timesheets, W-2 forms, written receipts

• Medical visits and treatment records• School enrollment and attendance• Financial records: bank statements,

receipts• Cellphone companies (e.g., record of

service)• Abode-related: landlord letter,

mortgage payment record, utility service

• Libraries, especially if they can produce a record of library card activity

•Sports league: enrollment, participation in games and league activities•Attendance & participation in religious communities•Community and civic organization membership and/or participation•Children’s school and daycare activities

Date of Entry into the U.S. USCIS will most likely require that applicants show they

were present in the US on or before a certain date

• Entered with inspection/with papers• Stamp on passport• I-94 card

Other helpful documents regardless of how you entered the US

• School records• Medical records• Immunization card• Official religious records (e.g. baptism certificate)• Other documents on the continuous presence list)

Fingerprints • If the applicant has ever been arrested by law

enforcement, including immigration authorities, they may want to have their fingerprints taken to review their record.

• Places where people can get prints taken:• Community based organizations • Law offices • Police Departments (not recommended!!)• Accurate Biometrics

• Livescan, faster results, but more money;• List of Vendor Agencies

• Updated September 2013

Fill out the application form on the FBI website. individual pays the FBI $18

Organizations can become certified to process fingerprints

Criminal Records/Certified Dispositions

• Immigrants who have [a] record of arrest or conviction for a criminal charge will need to get court records and consult a trustworthy lawyer.• Certified copy issued by the court clerk• Beware of warrants: Consult a lawyer if there is any reason

to believe that there may be an outstanding warrant of arrest (e.g., based on failure to appear at a hearing, failure to pay fine, to attend an appointment with a probation officer, etc.). • Returning to the U.S. without authorization after removal

is not only a separate crime but may be a violation of parole or probation

Immigration Records

Immigrants who have had any interaction with immigration authorities should obtain a copy of their file from their attorney or file a Freedom of Information Act request with the Department of Homeland Security.

Taxes• Taxes should be filed, paid, and

correct.

• Keep copies of W-2 forms

• From January thru April, Center for Economic Progress has free tax sites in communities throughout Illinois.

• Undocumented immigrants can apply for Individual Taxpayer Identification Numbers (ITIN) that allow them to pay the taxes they owe.• Use a form W-7 and attach it to a valid federal

income tax return (unless you qualify for an exception) and include your original proof of identity or copies certified by issuing agency and foreign status documents.

Register for Selective Service

• All males between the ages of 18 and 25 must register (www.sss.gov)• This rule applies even to undocumented immigrants

--but does not apply to men while they had valid temporary visas • Can register for selective service at a US post office• Important for possible future eligibility for financial

aid:• Undocumented men who reside in this country anytime

between the ages of 18 and 25 who fail to register for Selective Service and later get green cards can be denied federal financial aid (educational grants and loans).

Overall Best Practices• Advise community members to renew any expired or soon-to-

expire documents now and keep important documents in a secure place

• Do not engage in the Unauthorized Practice of Law

• Give applicants the pre-screening forms- they may be eligible for other forms of immigration relief!

• Refer legal questions to a qualified legal representative

KNOW YOUR RIGHTS &

DEPORTATION DEFENSE

Know Your Rights With Police

▪ Tell the police your name BUT NOTHING ELSE

▪ TELL the police you want to remain silent and want to talk to a lawyer. They should stop questioning you after that.

If the POLICE arrest you:▪ ASK if you can park your car in a safe place or

have a licensed driver take it away, to avoid towing or impoundment fees.

▪ MEMORIZE phone numbers for three family members or friends who you can call.

If you feel that the police are discriminating against you, take down the officer’s badge number

▪ DON’T LIE. Tell the police you want to remain silent. DON’T give explanations, excuses, or stories.

▪ DON’T SIGN any document if you don’t know what it is.

▪ DON’T DISCUSS your citizenship or immigration status with anyone other than your lawyer

▪ DON’T hang any objects from your rearview mirror--these objects may provide a pretext to pull you over

WHAT IMMIGRANTS SHOULD DO

WHAT IMMIGRANTS SHOULD NOT DO

Deportation DefenseWhen ICE visits your home:

• Keep your door closed. • Through your closed door, ask the officers to identify themselves and show

you a warrant (slip it under the door or through a window). If they cannot show you a warrant, keep your door closed.

• Ask for and review the warrant. • If they have a warrant, you need to make sure it has your correct address and

name. If the warrant does not look correct, return it to the officer and tell them it is not correct – do not let them inside. If the warrant is valid and issued by a court, you should follow what it says. If it allows for your arrest, you should step outside of your home.

• Do not sign anything, tell them anything, or show any ID.• If you let the officer inside or talk to the officer tell the officer you will not

answer any questions until you talk to a lawyer. Do not tell them your country of origin or provide any identification, any ID from your home country. Do not carry any false documents with you at any time.

Deportation Defense

• Don’t sign anything you don’t know or understand. • If the detainee signs a deportation order, she will not be able to stay in the

U.S. and will be deported. The detainee may not be deported right away even if she signs the order, but could be held for two weeks to one month.

• Ask for bond. • A bond will give the detainees the chance to get released and take care of

things at home while they wait to see what happens with their charges• Ask for a hearing. • A hearing will give the detainee more time. This is very important if the

detainee wants time to get his/her affairs in order, especially if chances of staying in the U.S. are slim.

• Ask to speak with your attorney before signing anything. • Immigrants in detention are not entitled to an attorney free of charge, but

they do have a right to speak with an attorney before signing anything.• Call the Family Support Hotline: 855-435-7693.

When you are detained by ICE:

Deportation Defense When a loved one is detained:

• You can locate your loved one online using the detainee locator: www.ice.gov/locator. You will need the detainee’s country of birth and either: •the detainee's 9-digit Alien Registration Number (A-number) or •her date of birth and first and last names (both names hyphenated)

• When visiting your loved one you will need a government-issued ID. Some jails allow use of foreign national passports. Please be cautious when using a foreign form of identification: Check for expiration dates and visa overstays. DO NOT use any false documents or identifications.

• You can send mail: include A-number of detainee and sender’s name and address. You can send packages only for the purpose of travel upon release/deportation. Notify ICE at (312) 347-2400 before you send anything.

• Call the Family Support Hotline: 855-435-7693.