DACA Facts You Must Know to Move Forward
We knew it was coming; there was no surprise here. There is no need to ask why; the answer keeps spitting at our faces. What is the best thing you can do right now?
K N O W Y O U R S H I T.
WHAT WE KNOW
- The order formally ends the Deferred Action for Childhood Arrivals program (DACA), terminating the legal protections granted to roughly 800,000 people who entered the country undocumented as children.
- United States Citizenship and Immigration Services (USCIS) will approve DACA applications and renewals on a case-by-case basis if the department receives them as of September 5, 2017.
- New applications will not be accepted going forward.
- Current DACA recipients can keep their work permits until they expire unless revoked.
- USCIS will approve DACA renewal applications on a case-by-case basis if the benefits expire between September 5, 2017, and March 5, 2018, and the department receives the applications by October 5, 2017.
- If DACA benefits expire after March 5, 2018, they will no longer be renewed.
- Under the new order, no person should lose benefits before March 5, 2018.
- DACA recipients currently outside the country traveling with a valid grant of advance parole should be able to return to the country as long as they do so before the advance parole expires.
- Even though USCIS states that people with advance parole should be able to return before it expires, U.S. Customs and Border Protection retains the discretion to deny you re-entry into the country. It is not guaranteed that DACA recipients traveling with advance parole will be allowed to re-enter the country.
- If you are a DACA recipient, you have no obligation to inform your employer that DACA has ended.
- Your employer does not have the right to ask you whether you are a DACA recipient or how you got your work permit.
- Your employer has no right to fire you, put you on leave, or change your work status until your work permit expires.
- You still have the right to apply for a new job or change jobs until your work permit expires.
THINGS TO KEEP IN MIND
- If DACA expires, will the recipient’s case be referred to ICE for enforcement purposes? Technically, unless they receive a Notice To Appear from USCIS under these guidelines. They also tell you that these stipulations can change without notice, so ponte trucha.
- If a pending request is denied, will information be shared with ICE for enforcement purposes? Again, USCIS says that “generally,” they don’t share information about applicants for immigration enforcement unless they’re a national security threat or meet the criteria for issuing a Notice To Appear. However, they also say, “This policy, which may be modified, superseded, or rescinded at any time without notice…”
- Can a person’s DACA be terminated before it expires? Yes, it is an exercise of deferred action, a form of prosecutorial discretion. The Department of Homeland Security will continue exercising its discretionary authority to terminate or deny deferred action if it deems appropriate.
- Will a recipient be able to travel while their DACA is still valid? Effective September 5, 2017, USCIS will no longer approve applications for advance parole under DACA. Suppose an applicant has a previously approved advance parole application. In that case, they will generally keep the benefit until it expires, but the recommendation is that people with DACA should not leave the country. If there are pending requests for advance parole to travel outside of the United States, they will no longer be processed, and fees will be refunded.
- Apply for an SSN while your DACA and work permit are still valid.
- Seek advice before you travel.
IMPORTANT DEADLINE
Current DACA recipients whose eligibility expires between now and March 5 have until October 5 to apply for renewal.
IF YOU’RE BEING AFFECTED BY THIS TERMINATION, THIS IS WHAT YOU CAN DO
- Don’t panic. Be aware of your situation and know there are options if your DACA hasn’t expired.
- This is the moment to become active and engaged in the movement. Reach out to local advocacy groups such as Puente, Aliento, the Arizona Dream Act Coalition, No Dream Dream Deferred, Undocumented Students for Education Equity, Center for Neighborhood Leadership, and others.
- Spread the word, educate, and share accurate information.
- If you are experiencing issues with depression and want to seek professional help, the Open Path Collective offers affordable therapy options.
IF YOU WANT TO HELP THOSE AFFECTED, THIS IS WHAT YOU CAN DO
You can support the community by advocating and actively participating with local and national groups. You can also help by attending phone banks to answer community questions, showing up to actions, donating money to those needing to apply for renewal by October 5 (they have one month to come up with $495), or providing moral support to those affected.
You can also leave Cheeto in Chief a comment here to tell him how much you disagree with his decision to end DACA. Here’s a sample of an undeserved polite message:
Mr. President,
As an American citizen, I am appalled by your decision to terminate protections for 800,000 DACA beneficiaries who pay taxes, attend our colleges and universities, and contribute to our communities as doctors, lawyers, teachers, social workers, and business owners. Your decision could reduce the U.S. GDP by over $400 billion over the next decade. I urge you to work with Congress to pass a legislative solution to protect those affected by your decision to terminate DACA.
Also, call the White House. You never know. Leave a message at 202-456-1111.
You can also bug the bejesus out of your representatives and senators (find them here). Call them out, ask to speak with whoever is in charge of policy, or leave a message. As a Huff Post contributor suggests it, here’s a scripted way, but please add your mojo:
Hello,
My name is ____, and I am one of your constituents. I am calling to express my discontent with the White House’s decision to end DACA and ask Senator/Representative ______ to support legislative action that will protect immigrants affected by the termination of DACA. Eight hundred thousand lives are affected because the president decided to end DACA, and now it is time for Congress to pass a law that would provide a pathway to citizenship for this group of immigrants. Does Senator/Representative _____ currently support the DREAM Act or Hope Act?
If you are told your representative/senator supports either the DREAM Act (in the Senate) or Hope Act (in the House of Representatives), acknowledge their work and thank them for their service. FOLLOW UP! Make sure it’s not just bullshit.
SOCIAL MEDIA
This powerful tool takes little effort but could impact massively if coordinated. So, tweet your representatives in Congress, White House officials, and local leaders. Let them know you disapprove of the president’s termination of the DACA program and that you demand Congress pass legislative action to protect those affected.
Important Twitter handles:
Donald Trump @realdonaldtrump
Representative Paul Ryan @SpeakerRyan;
Senator Mitch McConnell @SenateMajLdr
Representative Trent Franks @RepTrentFranks
Representative Ruben Gallego @RepRubenGallego
Representative Paul Gosar @RepGosar
Representative Raúl Grijalva @RepRaulGrijalva
Representative Martha McSally @RepMcSally
Representative David Schweikert @RepDavid
Representative Kyrsten Sinema @RepSinema
Senator Jeff Flake @JeffFlake or @FlakeforSenate
Senator John McCain @SenJohnMcCain or @TeamMcCain
Hashtags: #DACA, #DREAMers #DACAProtest #HereToStay #DefendDACA #SaveDACA
RINSE & REPEAT
Yeah, like the shampoo TV commercials. You must do this over and over again to generate an impact. Bother the shit out of the people who represent you so they’ll do something. Make them work, they just had a three week vacay.
LEGAL RESOURCES
Check this list of legal professionals that could help you through the confusion.