The New Immigration Relief
Programs In Iowa
Photo Source: http://www.clker.com
President Obama’s November 20, 2014 Address
http://www.tubechop.com/watch/5367594 English
http://www.tubechop.com/watch/5367763 Spanish
Photo source:
https://www.youtube.com
What is Administrative Relief / Executive
Action?
Photo Source: http://www.cagle.com
Recent Injunction
Photo Source: http://168opportunities.com
Today’s Presentation
1) Priorities
2) DAPA
3) DACA
Enforcement Priorities
Priority 1
Priority 2
Priority 3
•
•
•
•
Felonies
Gang Activity
National Security
People stopped at the border on or after January 1, 2015 (applies for people now living in Iowa)
• 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
• Order of removal on or after January 1, 2014
Examples of Priority 1 Crimes
Any felony in Iowa
Theft + 1 year jail
sentence
Crimes or Violence
+ 1 year jail
sentence
Burglary + 1 year
jail sentence
Sexual Abuse of a
Minor
Drug Distribution
or Trafficking
Obstruction of
Justice + 1 year jail
sentence
Deceit or Fraud of
$10,000 or more
Forgery or
receiving stolen
property + 1 year
jail sentence
Firearms
Distribution or
Trafficking
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: http://www.nydailynews.com
Priority 2 Crimes
Domestic
Violence or
Assault
Sexual Abuse or
Exploitation
Drug Trafficking
or Distribution
Unlawful
Possession or Use
of a Firearm
Driving Under
the Influence
(DUI or OWI)
Burglary
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. She did
not spend any time in jail. Maria paid the
fine.
Photo Source: http://temkey.com
More Priority 2 Crimes…
Public Intoxication
Simple Assault or
Disorderly
Conduct
Possession of
Marijuana under
30 grams for
personal use
NOT Traffic Tickets
Trespass
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.
Photo Source: http://www.telegraph.co.uk
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: http://imgarcade.com
Limits
Benefits
Not a green card or visa
3 year protection from removal
Travel Abroad
Not a path to a green card or
citizenship
Work Permit
Social Security Number
USCIS has discretion to grant
or deny DAPA
Driver’s License
Iowa Driver’s Licenses
Photo Source: http://logocurio.us
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: http://freepages.genealogy.rootsweb.ancestry.com; http://quora.com
2. Have you lived in the U.S. since January 1,
2010?
Photo Source: www.clipartbest.com
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 2010. 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.
Photo Source: http://www.hispanolawgroup.com/
3. Were you in the U.S. on November 20, 2014?
Photo Source: http://de.123rf.com
4. Did you have lawful immigration status
November 20, 2014?
Photo Source: http://www.f1studentnetwork.com
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,
2014. Is Samir eligible for
DAPA?
Photo Source: http://www.shaheen.senate.gov
*Plus, you cannot fall into one of the priorities
Photo Source: https://www.fotolia.com; http://politic365.com
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: http://www.psdgraphics.com; http://www.lpcrlaw.com; http://en.wikipedia.org
#2: Proof you are a parent to your child
*Make sure your name is
on the birth certificate.
Photo Source: http://freepages.genealogy.rootsweb.ancestry.com
#3: Proof your child is a U.S. citizen or has a green card
Photo Source: http://freepages.genealogy.rootsweb.ancestry.com; http://quora.com
#4: Proof you have lived in the U.S. since January 1, 2010
Bank Statements!
Leases or mortgages
Money Orders
Photo Source: http://www.prodevmedia.com; http://www.simplifyem.com
More examples…
• Vaccination records
• School records for you or your children
• Passport (for certain individuals)
• Affidavits from community members
Photo Source: http://cycug.com; http://traveleman.tk
If you entered the U.S. on a temporary visa…
Photo Source: http://in.rbth.com
#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:http://www.docstoc.com
DACA:
Deferred
Action for
Childhood
Arrivals
Photo Source: http://www.techgeniussolutions.com
Old DACA
New DACA
Under age 31 as of 6/15/12
No age limit
Deferred action and work
permit for 2 years
Deferred action and work
permit for 3 years
Entered before 6/15/07 and
have no status as of 6/15/12
Entered before 1/1/10 and
have no status as of 11/20/14
Lived continuously in the U.S.
since 6/15/07
Lived continuously in the U.S.
since 1/1/10
Limits
Not a green card or visa
Benefits
3 year protection from removal
Travel Abroad
Not a path to a green card or
citizenship
USCIS has discretion to grant
or deny DACA
Work Permit
Social Security Number
Driver’s License
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
Over 15 years old when applying
Not an enforcement priority
Graduated, GED, in high school, or in the U.S. Armed Forces
1. Did you come to the U.S. before your 16th Birthday?
Photo Source: http://2015mothersday.com
2. Have you lived in the U.S. since January 1, 2010?
Photo Source: www.clipartbest.com
3. Were you in the U.S. on November 20, 2014?
Photo Source: http://de.123rf.com
4. Did you have lawful immigration status
on November 20, 2014?
Photo Source: http://www.f1studentnetwork.com
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: http://latism.org
6. Are you over 15 years old?
Photo Source: http://www.shutterstock.com
*Plus, you cannot fall into one of the priorities
Photo Source: https://www.fotolia.com; http://politic365.com
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: http://brainstormidsupply.com;
http://www.in.gov
#2: Proof of Entry Before 16th Birthday
Photo Source: http://cycug.coml
#3: Proof you have lived in the U.S. since January 1, 2010
Bank Statements
Leases or mortgages
Money Orders
Photo Source: http://www.prodevmedia.com; http://www.simplifyem.com; http://www.anthraxinvestigation.com
More examples…
• Vaccination records
• School record
• Passport (for certain individuals)
• Written statements from community
members
Photo Source: http://cycug.com; http://traveleman.tk
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: http://www.docstoc.com
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: www.stopnotariofraud.org/: http://www.elmundoboston.com
Final Reminders
Don’t leave the U.S. before applying or while your application is processed!
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Iowa Driver’s Licenses
Photo Source: http://wcash.org
Thank You!
Photo Source: http://www.pinoakpto.org