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Sep 10, 2022 49 likes •253 views

1 Disclaimer This presentation is not a substitute for legal advice from an attorney Resources are available at https://pennstatelaw.psu.edu/im migration-after-election Image source: http://robcorry.com/disclaimer/ 2 Roadmap

SLIDE 1

SLIDE 2

Disclaimer

Image source: http://robcorry.com/disclaimer/ 2

§ This presentation is not a substitute for legal advice from an attorney § Resources are available at https://pennstatelaw.psu.edu/im migration-after-election

SLIDE 3

Roadmap

§ Deferred Action for Childhood Arrivals (DACA) § Temporary Protected Status (TPS) § Deferred Enforcement Departure (DED)

http://coyotelegal.com/wp-content/uploads/2015/06/flag-and- immigrants1.jpg

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Key Terms

§ Department of Homeland Security (DHS) § Immigration and Customs Enforcement (ICE) § United States Citizenship and Immigration Services (USCIS) § Customs and Border Protection (CBP)

§ Department of Justice (DOJ)

§ Attorney General

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Key Terms

§ Immigration and Nationality Act (INA) § Undocumented Immigrant § Prosecutorial Discretion § Deferred Action § Administrative Procedure Act (APA) § Injunction

Shoba Sivaprasad Wadhia, The History of Prosecutorial Discretion in Immigration Law, American University Law Review, Vol. 64, 2015

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What is DACA?

§ Deferred Action for Childhood Arrivals § An example of Prosecutorial Discretion § Benefits of DACA

§ Protection against deportation for renewable two-year periods § Work authorization

Cropped, original photo at: https://www.flickr.com/photos/jvoves/138556236/

Memorandum for Deferred Action Process for Young People Who Are Low Enforcement Priorities, from Janet Napolitano, Secretary of Homeland Security, (Jun. 15, 2012)

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What are the DACA Requirements?

§ Include but not limited to:

§ Came to the U.S. under the age of 16 § Continuously resided since June 15, 2007 through present time § Physically present in the United States on June 15, 2012 § Currently in school, has graduated from high school, has obtained a G.E.D. certificate, or is an honorably discharged veteran of the U.S. military § Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety § Under the age of 31 as of June 15, 2012

§ Nearly 800,000 people have received DACA

§ An estimated 6,000 in Pennsylvania

Data available on USCIS website, (Feb. 2018)

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DACA: Current State of Play

§ Rescission § Litigation § California Injunction § New York Injunction

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Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA) from Elaine C. Duke, (Sep. 5, 2017)

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DACA: What is the Current State of Play?

§ DHS announcement

§ Will not pursue deportation

f DACA recipients

§ Proposed Legislation

§ DREAM Act § BRIDGE Act

Acting Press Secretary Tyler Q. Houlton Statement on Deferred Action for Childhood Arrivals, (Mar. 7, 2018)

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Penn State University

§ Penn State support Dreamers § Penn State President Eric Barron

§ “Penn State will remain actively engaged, as we have been for more than a year, to support a permanent legislative solution that will allow all DACA beneficiaries to maintain their current status and complete their degrees”

Article from Penn State News

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What is TPS?

§ Temporary Protected Status § TPS is found in § 244 of the INA

§ Gives DHS discretion to designate countries for TPS when those countries face certain conditions, such as military conflict or natural disasters

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Who is Eligible for TPS?

§ Requirements include:

§ Must be from a TPS designated country § Must have been living in U.S. since the date of the TPS designation § Must pass a criminal background check

§ TPS must be renewed regularly § 435,000 beneficiaries currently in the U.S.

INA § 244 Temporary Protected Status: An Overview and Current Issues, Every CRS Report Website (Jan. 17, 2018)

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TPS: Current State of Play

§ End of TPS designation announced § Lawsuits § Proposed legislation

§ 19 state attorneys general sent a letter to Congress § American Promise Act § SECURE Act

https://d2gg9evh47fn9z.cloudfront.net/800px_COLOURBOX4169528.jpg

DHS Announcements available on USCIS website

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TPS: Policy Concerns

§ Humanitarian

§ 273,000 U.S. born children have at least

ne parent with TPS from El Salvador,

Honduras, or Haiti § Contributors to the U.S. economy

§ International

§ Continuing conditions in home country § Haiti may not be able to handle influx of 60,000 TPS beneficiaries

https://media.nbcphiladelphia.com/images/653*367/Statue +of+Liberty+American+Flag.jpg

Data from The American Immigration Council

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What is DED?

§ Deferred Enforcement Departure § Prosecutorial Discretion by the President

§ Authority derived from U.S. Constitution

§ Usually in response to war or natural disasters

http://gnnliberia.com/wp-content/uploads/immigration.jpg

Information available on USCIS website

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DED Liberians

§ Designated for TPS in 1991, expired in 2007 § Designated for DED by President Bush in 2007 § Renewed multiple times by President Obama, most recently in

Sep. 2016

*BREAKING: March 27, 2018: 12 month “wind-down” for DED starting April 1, 2018 and extending through March 31, 2019. Work authorization will be automatically extended.

Information available on USCIS website

SLIDE 17

DED: Current State of Play

§ Patrice Lawrence

§ National Policy and Advocacy Director for The UndocuBlack Network § Follow her on Twitter @Undocublack_Pat

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What do DACA, TPS, & DED Have in Common?

§ Each policy applies to a particularly vulnerable class of people § Most individuals have been in the United States 10+ years § Many identify America as home § Recent changes put beneficiaries at risk of deportation

https://i2.wp.com/thinkprogress.org/wp- content/uploads/2018/03/img_2565.jpg?resize=1280% 2C720px&ssl=1

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What Comes Next?

§ What may happen

§ Court Rulings § Proposed Legislation § Extended Deadlines

§ What should I do? § Screen for alternative relief with an immigration attorney

http://incubator.legal-aid.com/wp-content/uploads/2014/11/Lawyer- picture1.jpg

Disclaimer

§ This presentation is not a substitute for legal advice from an attorney § Resources are available at https://pennstatelaw.psu.edu/im migration-after-election

Roadmap

§ Deferred Action for Childhood Arrivals (DACA) § Temporary Protected Status (TPS) § Deferred Enforcement Departure (DED)

Key Terms

§ Department of Homeland Security (DHS) § Immigration and Customs Enforcement (ICE) § United States Citizenship and Immigration Services (USCIS) § Customs and Border Protection (CBP)

§ Department of Justice (DOJ)

§ Attorney General

Key Terms

§ Immigration and Nationality Act (INA) § Undocumented Immigrant § Prosecutorial Discretion § Deferred Action § Administrative Procedure Act (APA) § Injunction

What is DACA?

§ Deferred Action for Childhood Arrivals § An example of Prosecutorial Discretion § Benefits of DACA

§ Protection against deportation for renewable two-year periods § Work authorization

What are the DACA Requirements?

§ Include but not limited to:

§ Nearly 800,000 people have received DACA

§ An estimated 6,000 in Pennsylvania

DACA: Current State of Play

§ Rescission § Litigation § California Injunction § New York Injunction

DACA: What is the Current State of Play?

§ DHS announcement

§ Will not pursue deportation

§ Proposed Legislation

§ DREAM Act § BRIDGE Act

Penn State University

§ Penn State support Dreamers § Penn State President Eric Barron

§ “Penn State will remain actively engaged, as we have been for more than a year, to support a permanent legislative solution that will allow all DACA beneficiaries to maintain their current status and complete their degrees”

What is TPS?

§ Temporary Protected Status § TPS is found in § 244 of the INA

§ Gives DHS discretion to designate countries for TPS when those countries face certain conditions, such as military conflict or natural disasters

Who is Eligible for TPS?

§ Requirements include:

§ Must be from a TPS designated country § Must have been living in U.S. since the date of the TPS designation § Must pass a criminal background check

§ TPS must be renewed regularly § 435,000 beneficiaries currently in the U.S.

TPS: Current State of Play

§ End of TPS designation announced § Lawsuits § Proposed legislation

§ 19 state attorneys general sent a letter to Congress § American Promise Act § SECURE Act

TPS: Policy Concerns

§ Humanitarian

§ 273,000 U.S. born children have at least

Honduras, or Haiti § Contributors to the U.S. economy

§ International

§ Continuing conditions in home country § Haiti may not be able to handle influx of 60,000 TPS beneficiaries

What is DED?

§ Deferred Enforcement Departure § Prosecutorial Discretion by the President

§ Authority derived from U.S. Constitution

§ Usually in response to war or natural disasters

DED Liberians

§ Designated for TPS in 1991, expired in 2007 § Designated for DED by President Bush in 2007 § Renewed multiple times by President Obama, most recently in

*BREAKING: March 27, 2018: 12 month “wind-down” for DED starting April 1, 2018 and extending through March 31, 2019. Work authorization will be automatically extended.

DED: Current State of Play

§ Patrice Lawrence

§ National Policy and Advocacy Director for The UndocuBlack Network § Follow her on Twitter @Undocublack_Pat

What do DACA, TPS, & DED Have in Common?

§ Each policy applies to a particularly vulnerable class of people § Most individuals have been in the United States 10+ years § Many identify America as home § Recent changes put beneficiaries at risk of deportation

What Comes Next?

§ What may happen

§ Court Rulings § Proposed Legislation § Extended Deadlines

§ What should I do? § Screen for alternative relief with an immigration attorney

Resources

§ Penn State Center for Immigrants’ Rights Clinic

§ https://pennstatelaw.psu.edu/immigration-after-election

§ Penn State Student Affairs: Student Legal Services

§ https://studentaffairs.psu.edu/legalservices

§ The UndocuBlack Network

§ http://undocublack.org