Deferred Action for Childhood Arrivals (DACA)

Together Colorado-Own the DREAM

Deferred Action for Childhood Arrivals (DACA)

Together Colorado provides DACA informational sessions and legal clinics through the congregations

and schools that are a part of our organizing work in Colorado. Through our DACA work, we are increasing the number of immigrant youth who are able to work and live without fear of deportation, while utilizing the success of DACA to engage more people in the Campaign for Citizenship, working for a path to citizenship for 11 million aspiring Americans.

Through our DACA informational sessions and legal clinics we provide DACA-eligible youth with the information and support necessary to complete and file their DACA Application. We also offer partial scholarships for youth who are involved in our organizing work.

How did DACA happen?

·  On June 15, 2012 after intense organizing by immigrant youth, Janet Napolitano, Secretary of Department of Homeland Security (DHS), released a memo granting a 2-year deferred action status to certain young undocumented immigrants.

·  August 14, 2012: U.S. Citizenship andImmigration Services (USCIS) released anapplication for Deferred Action for ChildhoodArrivals (DACA)

·  Deferred action occurswhen DHS decides to puton hold the deportation(removal) of an individualwho is otherwiseunlawfully present in theU.S.

This happens two ways:

1. By not placing theindividual in deportation(removal) proceedings inimmigration court; or

2. By not executing an order of removal already issued.

·  DACA is a type of deferredaction that is granted tothose who meet a strict setof requirements.

DACA:

·  is NOT the law, but isadministrative policythat can be changed orterminated at any time;

·  is NOT lawful immigrationstatus;

·  is NOT a pathway to legalpermanent residency orcitizenship; and

·  Cannot benefit anyoneexcept the applicant.

Benefits:

·  Deferred deportation(removal) for two years(with possibility ofrenewal)

·  EmploymentAuthorization

·  State Driver’s License (notin AZ or NE)

·  Possible Travel, withspecial permit (advanceparole)

·  Social Security Number

In order to establish eligibility for DACA, eachapplicant must meet the following requirements:

·  Establish Identity and Age Requirements

·  Prove Continuous Residence for a certain period of time

·  Prove Physical Presence on a particular day

·  Have “No Lawful Status”

·  Meet the Educational or Military Requirement

·  Meet the Criminal History Requirement

Identity and Age Requirements:

1.  Establish identity;

2.  At the time of filing, be at least 15 years old IF he/she is notcurrently in removal proceedings;

a.  Or can be 14 years old or younger ONLY IF he/she is in removalproceedings, or has a final removal order / voluntary departureorder and is not in immigration detention;

2.  Have been born AFTER 6/15/1981, and thus be UNDER 31years old on 6/15/2012; and

3.  Have entered the United States before his/her 16th birthdate.

Physical Presence Requirements:

·  Have continuously resided in the United States since 6/15/2007 through the time of filing;

·  Have been physically present in the United States on 6/15/2012;

o  Any exits outside the U.S. must have been brief, casual, andinnocent;

·  Have been unlawfully present, with no valid immigrationstatus, on 6/15/2012.

Education Requirements:

·  Show that he/she has graduated from high school

·  OR obtained a GED

·  OR is currently attending school

·  OR was honorably discharged from the U.S. Coast Guardor Armed Forces.

For DACA, DHS defines “school” as:

·  Public or private elementary school, junior high, middleschool, high school, secondary school;

·  Education, literacy, or career / vocational training programsthat are designed to lead to placement in postsecondaryeducation, job training, or employment;

·  Education programs (e.g. ESL classes, GED classes,Continuation school, etc. ) to assist students with getting ahigh school diploma, or its equivalent under state law, or in

·  passing a GED exam

Automatic Disqualification

for Certain Criminal Convictions:

·  All Felonies

·  Serious Misdemeanors

§  90 days or more in jail

§  Domestic Violence (withphysical harm)

§  Drug Trafficking

§  Gun Possession

§  DUI

§  Burglary

§  More than 2 Misdemeanors

Disqualification if you arefound to be a (1) Public SafetyThreat OR (2) a NationalSecurity Threat, which can bedetermined by:

·  Participation in CriminalActivities

·  Gang Membership

·  Certain Juvenile Delinquency

·  Adjudications

·  Expunged Convictions

·  DHS will considerthe “totality of thecircumstances”

For more information, contact: Jennifer Romero, , 720-724-0932