Dream Act And DACA Policies Designed To Protect Dreamers

With the rescission of the Deferred Action for Children Arrivals (DACA) initiative, there has been renewed pressure on Congress to pass federal legislation known as the Dream Act to protect young immigrants who are vulnerable to deportation. This fact sheet provides an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on March 13, 2019, and provides information about policies at the state level that support Dreamers. 


History of the Dream Act

The first version of the Development, Relief, and Education for Alien Minors (DREAM) Act was introduced in 2001. As a result, young undocumented immigrants have since been called Dreamers. Over the last 18 years, at least ten versions of the Dream Act have been introduced in Congress. While the various versions of the Dream Act have contained some key differences , they all would have provided a pathway to legal status for undocumented youth who came to this country as children. Some versions have garnered as many as 48 co-sponsors in the Senate and 152 in the House. 

Despite bipartisan support for each bill, none has become law. The bill came closest to full passage in 2010 when it passed the House of Representatives but fell just five votes short of the 60 necessary to proceed in the Senate. 

In July 2017, versions of the Dream Act were introduced in the Senate by Senators Lindsay Graham (R-SC) and Richard Durbin (D-IL) and in the House by Rep. Lucille Roybal-Allard (D-CA) and Rep. Ileana Ros-Lehtinen (R-FL). That year, members of the House of Representatives introduced several other legislative proposals to address undocumented youth, most of which were variants on the Dream Act. Although some of these bills drew significant support, none became law. 


Current Federal Legislative Proposals

The most recent version of the Dream Act, H.R. 2820, was introduced in May 2019 in the House by Rep. Lucille Roybal-Allard (D-CA). H.R. 2820 was passed by the House Judiciary Committee on May 22, 2019, and the bill was subsequently combined with H.R. 2821, the American Promise Act of 2019, to form H.R. 6, the American Dream and Promise Act of 2019. H.R.6 would provide permanent legal status for “Dreamers” as well as beneficiaries of two humanitarian programs: Temporary Protected Status and Deferred Enforced Departure. 


What Does the Dream Act do? 

The American Dream and Promise Act of 2019 allows current, former, and future undocumented high-school graduates and GED recipients a three-step pathway to U.S. citizenship through college, work, or the armed services. 


STEP 1: CONDITIONAL PERMANENT RESIDENCE

An individual is eligible to obtain conditional permanent resident (CPR) status for up to 10 years, which includes work authorization, if the person: 

• Entered the United States under the age of 18;
• Entered four years prior to enactment and has since been continuously present;
• Has been admitted to an institution of higher education, has graduated high school or obtained a GED, or is currently enrolled in secondary school or a program assisting students to obtain a high school diploma or GED.
• Has not been convicted of any "crime involving moral turpitude" or controlled substance offense, any crime punishable by more than one year in prison, or three or more offenses under state or federal law where the individual was imprisoned for 90 days or more. There is an exception for offenses which are essential to a person’s immigration status;
• Has not been convicted of a crime of domestic violence unless the individual can prove the crime was related to being the victim of domestic violence, sexual assault, stalking, child abuse, neglect in later life, human trafficking, battery, or extreme cruelty.

Under the terms of the bill, the Secretary of Homeland Security can issue waivers for humanitarian purposes, for family unity, or when the waiver is otherwise in the public interest. In addition, anyone who has DACA would be granted a swift path to CPR status. 


STEP 2: LAWFUL PERMANENT RESIDENCE

Anyone who maintains CPR status can obtain lawful permanent residence (LPR status or a “green card”) by satisfying one of the following requirements: 

• Higher education: Has completed at least two years, in good standing, of higher education or of a program leading to a certificate/credential from an area career and technical education school;
• Military service: Has completed at least two years of military service with an honorable discharge;
• Work: Can demonstrate employment over a total period of three years.

Individuals who cannot meet one of these requirements can apply for a “hardship waiver” if the applicant is a person with disabilities, a full-time caregiver of a minor child, or for whom removal would cause extreme hardship to a spouse, parent, or child who is a national or lawful permanent resident of the United States. 


STEP 3: NATURALIZATION

After maintaining LPR status for five years, an individual can generally apply to become a U.S. citizen through the normal process. 

According to the Migration Policy Institute, as many as 2.31 million individuals would qualify for conditional permanent resident status under the 2019 version of the Dream Act, putting them on a path to citizenship. The bill would also provide a path to citizenship for an estimated 429,000 people who are current or former beneficiaries of TPS or DED. 


Deferred Action for Childhood Arrivals

On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano created Deferred Action for Childhood Arrivals (DACA). DACA is an exercise of prosecutorial discretion, providing temporary relief from deportation (deferred action) and work authorization to certain young undocumented immigrants brought to the United States as children. DACA has enabled almost 800,000 eligible young adults to work lawfully, attend school, and plan their lives without the constant threat of deportation, usually to an unfamiliar country. nlike federal legislation, however, DACA does not provide permanent legal status to individuals and must be renewed every two years. 

On September 5, 2017, Acting Secretary of Homeland Security Elaine Duke rescinded the 2012 DACA memorandum and announced a “wind down” of DACA. Effective immediately, no new applications for DACA would be accepted. DACA beneficiaries whose status was due to expire before March 5, 2018 were permitted to renew their status for an additional two years if they applied by October 5, 2017. Any person for whom DACA would have expired as of March 6, 2018, would no longer have deferred action or employment authorization. 

On January 9, 2018, a federal judge in California blocked the Trump administration’s termination of DACA and continued to allow renewal requests. Similarly, on February 13, 2018, a federal judge in New York issued a preliminary injunction preventing the administration from abruptly ending the DACA program. As of June 2019, individuals with DACA or those who have had DACA in the past can continue to renew their benefits on a two-year basis. However, first-time applications are no longer being accepted. 


State Policies that Protect Dreamers

States cannot legalize the status of undocumented immigrants, but they may address collateral issues that stem from being undocumented. Most notably, numerous states have enacted legislation that helps overcome barriers to higher education faced by many undocumented youth. Pursuant to some state laws and policies, undocumented students may be able to attend state universities and qualify for in-state tuition. 

Colleges and universities each have their own policies about admitting undocumented students; some deny them admission while others allow them to attend. Even when undocumented students are allowed to attend college, however, the tuition is often prohibitively expensive. If students cannot prove legal residency in a state, they must pay the much higher out-of-state or international-student tuition rates. Further, undocumented students do not qualify for federal student loans, work study, or other financial assistance. As a result, it is extremely difficult for undocumented students to afford to attend public universities. 

To help undocumented students afford college, at least 19 states have passed laws that provide them with the opportunity to receive in-state tuition. California, Colorado, Connecticut, Florida, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, Virginia, and Washington permit undocumented students who have attended and graduated from the state’s primary and secondary schools to pay the same college tuition as other state residents. The laws generally require undocumented students to attend a school in the state for a certain number of years and graduate from high school in the state. 

Source: www.americanimmigrationcouncil.org 

https://www.inmigracionyvisas.com/a4234-Dream-Act-and-DACA-in-United-States.html

UnidosUS Supports New DACA/TPS Holder Relief Legislation

On Wednesday, the House Judiciary Committee began the markup process on H.R. 2820 (“Dream Act of 2019”), H.R. 2821 (“American Promise Act of 2019”), and H.R. 549 (“Venezuelan TPS Act of 2019”).

The first two bills would provide people who currently have DACA or TPS a pathway to citizenship if they meet certain requirements. The third would provide temporary protected status to Venezuelans, who have been forced to flee their homes due to political instability. 

The House Judiciary Committee will be marking several bills, including: H.R. 2820, also known as the “Dream Act of 2019”; H.R. 2821, also known as the “American Promise Act of 2019”; and H.R. 549, also known as the ‘‘Venezuela TPS Act of 2019.’’ The measures, originally introduced by Congresswomen Lucille Roybal-Allard (D-CA) and Nydia Velazquez (D-NY), respectively, provide a path for Deferred Action for Childhood Arrivals (DACA) and individuals who are in the country under temporary protected status (TPS) to earn citizenship status by meeting certain requirements. 

“Today as the House begins the process of marking up these bills, we urge members to support the measures that would offer relief to so many immigrant families currently living in limbo. Families whose lives have been put on hold because they are unsure if they will lose their legal status from one day to the next. They’ve been placed in a position to wonder if they can pursue their dreams to further their education, or invest in getting a home for their families, not knowing if they or a loved one would be forced to leave the country at any given moment. We should be putting families in a position to succeed and flourish, not creating an atmosphere of fear and insecurity,” said UnidosUS President and CEO Janet Murguía. 

As noted in a UnidosUS statement submitted for the Congressional record, nearly 500,000 American children are at risk of being separated from a parent if Congress fails to address the status of DACA and TPS recipients. This type of family separation causes irreparable harm to children’s development in the areas of health, education, and financial stability, according to a recently released UnidosUS report. 

In addition, providing relief for these populations has wide support. The vast majority of Americans (83%) across the political spectrum support a permanent solution for DREAMers. DREAMers alone contribute $42 billion in annual GDP, and recent data estimate that TPS holders from El Salvador, Honduras and Haiti contribute $4.5 billion in pre-tax wages to our country’s GDP. 

“We are incredibly grateful to Congresswoman Roybal-Allard for her leadership and tenacity in authoring and shepherding this measure forward, and we urge the Congress to vote in favor of the bill that will allow thousands of families to pursue their American dream without a cloud of fear and uncertainty hanging over them,” Murguía said. 

 

Source: www.unidosus.org 

https://www.inmigracionyvisas.com/a4184-New-DACA-TPS-Holder-Relief-Legislation.html

The Outlook for DACA

DACA
After a presidential election filled with hateful anti-immigrant rhetoric, immigrant communities face new risks and dangers when Donald Trump becomes president on January 20, 2017. It’s important to remember that EVERYONE in the U.S., regardless of immigration status, has rights guaranteed by the U.S. Constitution. We will defend those rights. We are united in our resolve to fight for immigrant justice and protect our families, friends and communities. A growing number of state and local elected leaders are also committed to protecting those rights. 

It’s too early to know exactly what changes will take place after January 20, 2017. But we know that President-elect Trump has promised to cancel every executive action issued by President Obama, including immigration executive actions, on his first day in office. That means that the 740,000+ people who received Deferred Action for Childhood Arrivals (DACA) need information to make important decisions. 

Here is information that will help you make decisions about DACA between now and January 20, 2017. Stay informed and keep checking as this information may change if President-elect Trump makes new announcements. 


IS DACA STILL IN EFFECT? 
Yes. DACA is in effect until President-elect Trump acts to end it. That can’t happen until he becomes president on January 20, 2017. 


I HAVE NEVER APPLIED FOR DACA AND JUST TURNED 15 YEARS OLD. I AM NOW ELIGIBLE FOR DACA. SHOULD I APPLY? 
Applying for the first time now is risky. You will be exposing yourself to the government for the first time. 


I HAVE DACA NOW, SHOULD I APPLY FOR A RENEWAL? 
Yes, UNLESS you have a criminal arrest, charge or conviction, or have traveled outside the U.S. without permission. If you are going to apply for a renewal, you should apply right away. There is still time for the application to be approved. But if DACA is ended by the new president before your renewal is approved, you will lose your application fee ($465 now and $495 starting December 23, 2016). 


I HAVE DACA AND I ALSO HAVE PERMISSION TO TRAVEL OUTSIDE THE U.S. WITH ADVANCE PAROLE. SHOULD I TRAVEL? 
It depends. Traveling even with advance parole can be risky. Because of the uncertainty over DACA, there is even more risk. If you have permission and must travel, you should return to the U.S. as quickly as possible, by early January 2017. 


I HAVE DACA BUT I DON’T HAVE PERMISSION TO TRAVEL. CAN I APPLY FOR IT NOW? 
You can apply, but it is probably too late to get a decision before January 20, 2017 and you might lose your filing fee ($360 now and $575 starting December 23, 2016). If you have an emergency, it may be possible to get a decision faster. Check with a qualified legal representative right away before you decide to apply. Find legal help here. DO NOT TRAVEL WITHOUT PERMISSION. 


I HAVE DACA BUT AM AFRAID THAT ICE WILL COME TO ARREST ME AFTER JANUARY 20. WHAT SHOULD I DO? 
You have rights guaranteed by the U.S. Constitution. Find KNOW YOUR RIGHTS information here. 

Source: www.iamerica.org  
http://inmigracionyvisas.com/a3494-Outlook-for-DACA.html

Colleges Rally to the Defense of Undocumented Students

Written by Maurice Belanger

Among the many things President-elect Donald Trump has promised is undo President Obama’s executive action protecting young undocumented immigrants who were brought to the United States as children, also known as Deferred Action for Childhood Arrivals (DACA).

What happens next is complicated. It’s easy to talk about deporting these young people in the abstract. As Libby Schaaf, Mayor of Oakland, California, recently told the New York Times: 

“We do have many undocumented immigrants, but often these are residents who came to our city as toddlers. They have grown up here and gone to our public schools,” Ms. Schaaf said. “These are not illegal aliens, they are friends’ children, people sitting next to us in our church pews and on the bus. Here it feels much more personal.”

It is not surprising that the public, institutions, and even cities and towns are rallying to defend their undocumented neighbors, students, and residents. Among the institutions mobilizing to defend undocumented students are the nation’s colleges and universities.

As of November 30, about 400 colleges and universities have signed on to a “Statement in Support of the Deferred Action for Childhood Arrivals (DACA) Program and our Undocumented Immigrant Students. ” The statement, addressed to “our country’s leaders,” reads in part:

“…DACA should be upheld, continued, and expanded. … This is both a moral imperative and a national necessity. America needs talent — and these students … are already part of our national community. They represent what is best about America, and as scholars and leaders they are essential to the future. The effort to have education leaders sign-on to this statement is organized by Pomona College in California which includes all of the country’s Ivy League Universities and the largest four-year public university system, the California State Universities. 

Former Secretary of the Department of Homeland Security Janet Napolitano, now president of the University of California, alongside Timothy White, Chancellor of the California State University system and Eloy Ortiz Oakley, Chancellor-Designate of California Community Colleges, sent a letter to President-elect Trump, urging him to continue the DACA program.

The letter states that thousands of DACA students studying in the colleges and universities in the three systems “should be able to pursue their dream of higher education without fear of being arrested, deported, or rounded up for just trying to learn.”

This extraordinary show of support for DACA comes after students across the country have been organizing to pressure their schools to protect undocumented students. United We Dream, the nation’s largest immigrant youth-led organization, and Voto Latino announced a partnership to organize young people to create “sanctuary college campuses and … a welcoming climate of tolerance.” In the aftermath of the election one thing is clear: President-elect Trump knows how to use the media to send a populist message. But what message would he be sending by throwing roadblocks in front of ambitious, young students who are pursuing their education and using their work authorization to contribute to our economy?

The public does not support punishing these young people nor is it sound economic or immigration policy, President-elect Trump should recognize that.

Photo Courtesy of The LEAF Project. 

Source: ImmigrationImpact.com 
http://inmigracionyvisas.com/a3485-Defense-of-Undocumented-Students.html