CSU & CCC webcast 12-11-19 · green card through a family member • It's one of a variety of reasons a person could be denied admission or a green card—other reasons include crimes

Immigration Updates

December 11, 2019

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Agenda

1•DACA Updates

2•TPS: Current Status

3•Public Charge: What You Need to

Know

4•Questions and Discussion

DACA Updates

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DACA Overview• Announced and implemented by the Obama

Administration in June 2012

• Offers protection from deportation for 2-year period, with the possibility of renewal

• DACA provides a work permit, ability to get state ID/license, SSN

• Over 700,000 people protected by the program

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DACA Changes 2017 - Program Terminated by the Trump Administration

2018 – Court Ordered Program to Continue for Renewal DACA Applicants Only

2019 - Oral Argument at Supreme Court

2020 - Pending Supreme Court Decision

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Who is eligible to apply?

Any individual who has DACA or was previously granted DACA can request a renewal:

• Those who currently hold DACA;

• Those who had DACA but it's expired; or

• Those who had DACA, but it was terminated by ICE or USCIS.

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DACA Renewal EligibilityAn individual may be considered for Renewal of DACA if they:

1. Have been previously granted DACA;

2. Have not left the country since August 15, 2012 (unless with advance parole);

3. Have continuously resided in the US since initial DACA request; and

4. Have not been convicted of any disqualifying offenses

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Example: Who Can Renew?• Betty was granted DACA in 2014. She has

renewed her DACA every two years and currently has 10 months left on her work permit.

• Joe was granted DACA in 2015 but was unable to renew before his DACA expired in 2017, he now wants to renew.

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When Should I Renew?

•DACA expires in 6 months or less, RENEW ASAP

•DACA expires anytime in 2020, RENEW

•DACA expires in 2021, worth it?

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ExampleMaria’s DACA expires in June 2020. If she submits her renewal now (December 2019):• Granted in May of 2020• DACA protection from May 2020-May 2022

Sandra’s DACA expires in December 2020. She submitted her renewal in October 2019:• Granted in January of 2020• DACA protection from January 2020-January

2022

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Unsure if you should Renew?

• Those who remain in DACA “status” and/or file to renew before any litigation cancels the program may be grandfathered into the program

• Newer USCIS policy for placing people in deportation proceedings does not apply to DACA applicants

• There are agencies covering filing fees for DACA recipients

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DACA Renewals - Preparation1. Have a copy of previous DACA application—

want to make sure all information is the same

2. No need to submit any evidence that was previously submitted

• Only send documents if new, like if client was recently arrested.

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What else can I do?

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Why get a legal consultation?DACA recipients may be eligible for another immigration benefit and not know it.

More than 20% of those DACA-eligible found to bepotentially eligible for otherrelief.

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Explore alternative forms of status now!

Your situation or the law might have changed since your last consultation.

If eligible, request documents and prepare applications—begin process while still have DACA due to processing times.

Legal Consultation

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Do you have USC or LPR family members?

Has anyone ever filed a petition on your behalf or for a close family member (parent, spouse, ex-spouse)?

Did you travel on Advance Parole?

Have you ever been the victim of a crime?

Explore all possible options available:

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Resources• United We Dream: https://unitedwedream.org/

• Immigrants Rising: https://immigrantsrising.org/

• Immigrant Legal Resource Center: https://www.ilrc.org/daca

• DACA Fee Assistance: https://www.cdss.ca.gov/Portals/13/immigration/DLS_Providers.pdf

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What to Do Now

Renew DACA Now!

Get a Legal Consultation

Stay Informed and Get Involved

Temporary Protected Status (TPS): Current Status

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What is TPS?TPS provides temporary status for

people from specific countries that have been designated as unsafe for return, due to:

•Ongoing armed conflict (e.g. civil war)•Natural disaster (e.g. hurricane)•Other extraordinary circumstances

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Benefits of TPSTPS holders are:• Right to remain in U.S. - protected from removal• Work permit (employment authorization)• Can apply for permission to travel abroad

(Advance Parole)

Note: Does not lead to permanent status but eligible applicants can seek other forms of status.

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10 countries currently have TPS designations:

El Salvador*Haiti*Honduras*Nepal*Nicaragua*Sudan*

*= termination announced but on hold.

YemenSomaliaSouth SudanSyria

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Current StatusCountries whose designation has not been terminated:

•Syria – extended through March 31, 2021•Yemen – extended through March 3, 2020•Somalia – extended through March 17, 2020•South Sudan – extended through Nov. 2, 2020

Extensions announced at least 60 days in advance

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Current StatusOn November 4, 2019, the government said TPS recipients from the 6 countries that are part of the lawsuits will have their cases automatically extended through January 4, 2021.• El Salvador• Haiti• Honduras• Nepal• Nicaragua• Sudan

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Current StatusTPS recipients from these 6 countries:

TPS automatically extended to January 4, 2021.

Do not need to apply to renew TPS or work permit

Can continue to work with current work permit and show employer copy of notice:https://www.uscis.gov/news/alerts/dhs-extends-tps-documentation-six-countries

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What if TPS ends?• TPS status valid through expiration date even if

termination announced.

• TPS termination requires at least 60 days notice. Recipients from countries that are part of lawsuit: 4-12 month phase out period.

• Will lose TPS protection on the last day of the designation – but do not have to leave country. Right to apply for other benefits and to appear before an immigration judge.

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Get a legal consultation!

Explore your legal options

Your situation or the law might have changed since your last consultation.

If eligible, begin the process soon while you still have TPS due to processing times.

What if TPS ends?

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Additional Resources• National TPS Alliance:

https://www.nationaltpsalliance.org/

• ILRC:https://www.ilrc.org/tps-ead-extension-nov-2019

• USCIS page with updates about the TPS program:

https://www.uscis.gov/humanitarian/temporary-protected-status

Public Charge: What You Need to Know

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What is Public Charge?• Is it how the government can find out where I

am?• Does it mean that if my children use health care,

I will be deported?• What is it?• I think it means I should get off benefits now• Does it mean that if I use public benefits, I won't

qualify for naturalization?• I think it means my family cannot access any

benefits

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Public Charge

A test in immigration law applied in 2 situations:

When a person

• Applies for a visa to enter the United States

• Applies for a green card through a family member who is a U.S. citizen or green card holder

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Public Charge is NOT about who is eligible to

use benefits!

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Public Charge• Is NOT a random test that all immigrants are

subject to!

• A person must be applying for admission or a green card through a family member

• It's one of a variety of reasons a person could be denied admission or a green card—other reasons include crimes or immigration violations or lying on an immigration application

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What is Changing?

The law requires a test to determine whether someone is likely to depend on public benefits in the future

The governments wants to change how an officer thinks about this question and makes this determination

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Who does Public Charge impact?

36©2019 Immigrant Legal Resource Center

Many Types of Immigration StatusU.S.

Citizen

Lawful Permanent Resident

(LPR/Green Card)

Refugee and Asylee

U Visa, T Visa, SIJS, VAWA

DACA, TPS, other Deferred Action

Undocumented (No Lawful Status)Entered without inspection or visa expired

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Many Immigrants Are NOT Subject to Public Charge• Refugees and asylees• Special Immigrant Juveniles• Victims of certain crimes (U visa)• Victims of human trafficking (T visa)• DACA applicants• TPS applicants• Naturalization applicants• Others (Amerasians, Afghan and Iraqi military translators, certain Cuban

and Haitian adjustment applicants, certain Nicaraguans and Central Americans under NACARA, registry applicants, Soviet and Southeast Asian Lautenberg parolees)

• Most legal permanent residents• U.S. citizens

But public charge does apply

if a US Citizen or LPR family member is

petitioning for you to get a green

card!

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When a person is renewing their green card, are they subject to public charge?

When someone applies to naturalize (become a U.S. citizen), are they subject to public charge?

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• There is NO public charge test to renew a green card!

• There is NO public charge test when a green card holder applies for naturalization (to become a U.S. citizen)!

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Do Green Card Holders Ever Need to Worry About Public Charge?

Most of the time, no

But, if a green card holder takes a trip outside the U.S. for more than 180 days, they could be asked about public charge when they try to return

Or, green card holders could be subject to a different public charge test that is very rarely applied, if the government wants to try to take away their green card

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Example

Maya has a green card and she is ready to naturalize to become a US citizen. She's worried about public charge and whether it applies to her.

Maya does NOT need to worry about public charge because there is no public charge test to naturalize.

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Example

Jesus has DACA and no immediate way to get a green card. Jesus does NOT need to worry about use of benefits or public charge because there is no public charge test for DACA renewals.

Chris is engaged to a US citizen who will be petitioning for them. Chris WILL need to consider public charge as part of their application for a green card.

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What is the current status of Public Charge?

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The immigration law (which only Congress can change) says that a person can be denied admission or a green card if they are:

"likely to become a public charge"

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The law does not define "public charge"

Current definition is:

Public Charge = someone who is likely to become primarily dependent on the government for income support, meaning they will need:

• Cash assistance (SSI, Temporary Assistance for Needy Families/TANF, CalWorks, General Assistance) for income maintenance OR

• Institutionalization for long term care at government expense (like a nursing home or mental health institution)

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Many benefits do NOT count:• ANY benefits received by family members

• Children’s Health Insurance Program (CHIP)

• Medicaid/Medi-Cal

• Food stamps/SNAP/CalFresh

• Section 8 rental assistance and federal public housing

• Emergency and school-based Medicaid

• Services available to the community as a whole (no income requirement)

• Women, Infants, & Children (WIC) benefits

• Public health services, like free vaccinations

• School-based nutrition services like free and reduced school meals

• Public education, Head Start

• Earned benefits, such as unemployment, social security retirement, worker’s compensation

• Tax credits

• Any other federal, state, or local benefit besides cash aid or long-term institutionalization

• Any benefits used by members of the military, Ready Reserve, and their spouses and children

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Receipt of benefits by dependents (including U.S. citizen children) is NOT directly a factor in applicant’s public charge test

Benefits used by Applicant’s Family

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ExampleLaura is undocumented. Her children are US citizens. Her children qualify for benefits. Laura worries, because of her status, that her children should not sign up.

Laura's children's use of benefits will not affect Laura, if she later has a way to apply for immigration status. Also, right now Laura is not subject to a public charge test, and depending on what application she applies for in the future, she may not be subject to public charge then either.

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In deciding whether a person is "likely to

become a public charge" immigration

officers must look at many factors—

receipt of benefits that count is just one

piece!

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This administration is trying to change the

definition of public charge and how

immigration officers predict whether a person

will become a public charge in the future

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For now, none of the changes to Public Charge have gone into effect!

• Changes to public charge that would affect cases decided by U.S. Citizenship and Immigration Services (USCIS) have been blocked nationwide by the courts

• Changes to public charge that would affect cases decided by U.S. consulates and embassies abroad have not been implemented yet either

(But, consulates and embassies are already more strict when looking at public charge)

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What should individuals do now if they're worried about Public

Charge?

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Remember:• Public charge does not change who is eligible for

benefits• None of the new changes have gone into effect

yet (although consulates are already more strict)• Benefits received by family members do not

count!• Public charge only applies in 2 situations:

when applying to enter the U.S. or applying for a green card through family

• Many immigrants are not impacted! (VAWA, U, T, refugees, asylees, only DACA and TPS if applying for green card through family)

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• National legal directory by zip code of nonprofits providing immigration legal services: https://www.immigrationadvocates.org/nonprofit/legaldirectory/

• Selected list of immigration legal service providers in CA: http://www.cdss.ca.gov/Benefits-Services/More-Services/Immigration-Services/Immigration-Services-Contractors

• Contact local legal service provider

Get a Consultation

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More InformationILRC:

https://www.ilrc.org/public-charge

Protecting Immigrant Families:https://protectingimmigrantfamilies.org/

NILC:https://www.nilc.org/issues/economic-support/

Next Steps

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What should community members do now?

• Stay informed—a lot is changing but there are good resources available!

• Get a consultation—understand your situation and your options.

• Get involved—raise your voice to support greater protections for the immigrant community!

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Identify Legal Options Permanent Residence through a family

member Parole-In-Place for Military Families VAWA for domestic violence victims U visa for crime victims T visa for trafficking victims Asylum Special Immigrant Juvenile Status Acquisition or Derivation of Citizenship Employment-Based Options

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Watch Out for Fraud!Seek help from a trustworthy source:

• Only an attorney or accredited representative can give you legal advice

• A legal service provider should:

provide a contract and receipts for payments explain the process and answer questions follow the rules

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Finding quality get legal support• Immigrant Advocates Network national legal

directory (searchable by zip code) https://www.immigrationadvocates.org/nonprofit/legaldirectory/

• California organizations:https://www.cdss.ca.gov/benefits-services/more-services/immigration-services/immigration-services-contractors

• Local and campus resources!

THANK YOU!Any Questions?