DACA LIVES, BUT ...
Yesterday, the U.S. Supreme Court held that the Trump administration did not properly end the Deferred Action for Childhood Arrivals (DACA) program. The court held that DACA can be ended and provided a road map for how to end DACA correctly.
President Trump tweeted today that his administration "will be submitting enhanced papers" to end DACA.
The Supreme Court decision means that DACA should be fully reinstated, allowing for first time DACA requests. However, it requires action from the administration for this to happen, and President Trump tweeted today that his administration "will be submitting enhanced papers" to end DACA.
Here are the answers to the questions I have been receiving:
The Baylor Law Immigration Clinic is offering DACA renewal assistance to undocumented immigrants who's DACA status expires anytime before March 5, 2018. Those who's DACA status expires after March 5, 2018 are not eligible for renewal. The federal government is no longer accepting new applications.
"The deadline for renewal submissions is October 5, [2017] so we are urging DACA cardholders to file their renewal request as soon as possible," said Laura Hernández, professor of law and founder of the Clinic. "If you know someone or need to renew yours, let the Baylor Law Immigration Clinic know. We are absolutely going to help."
9/5/17 - The Trump Administration has announced that it will phase out and eventually end DACA.
This means that as of September 5, 2017:
INITIAL APPLICATIONS:
RENEWAL APPLICATIONS:
CURRENT DACA HOLDERS:
TRAVEL ON DACA ADVANCE PAROLE:
SOCIAL SECURITY NUMBERS:
Photo by LongIslandWins
From Immigration Impact:
The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before the age of 18.
The Dream Act, if passed into law, will allow young immigrants who have called the United States home for most of their lives to begin to realize their full potential and know the sense of security that comes with living with documentation.
The Dream Act was first introduced in 2001 and has enjoyed broad bipartisan support, but has yet to pass into law.
The renewed urgency to pass this legislation comes as media speculates that the Deferred Action for Childhood Arrivals (DACA) initiative, which 800,000 Dreamers are currently protected from deportation by, could come to an end in the coming weeks or months. The threat came after a group of 10 states led by Texas asked the Trump administration to end the DACA initiative and threatened to file a lawsuit challenging it. Secretary of Homeland Security John Kelly also recently met with lawmakers on Capitol Hill and said he is supportive of DACA but that it may not survive a legal challenge.
The Dream Act of 2017 lays out a three-step path to citizenship, first providing Conditional Permanent Resident (CPR) status to undocumented youth who:
After maintaining CPR status, individuals become eligible for Lawful Permanent Resident (LPR) status—a green card holder. In order to receive LPR status an individual must either:
Additionally, LPR applicants with disabilities, who are full-time caregivers for a minor child, or an applicant whose deportation would cause extreme hardship to a U.S. citizen spouse, parents, or child can receive a “hardship waiver” which exempts them from the higher education, military service, or work requirements.
The Dreamers, for whom this bill is named, have lived in America since they were children and built their lives here. They are American in every way except for their immigration status. It is past time that this nation comes together and does right by them.
Attempts to change Texas Education Code §543.052 to exclude persons "not authorized under federal statute to be present in the United States" from being considered as Texas residents eligible to pay in-state tuition were not successful in the recent legislative session.
The "sanctuary cities" bill also failed to make it to the governor's desk.
Julian Aguilar in his Texas Tribune article quotes JoAnn Fleming, the executive director of Grassroots America, a conservative East Texas group, as saying “It’s beginning to look as if some of those [immigration] campaign promises are ‘all hat and no cattle.’”
Tom Benning of The Dallas Morning News reports that the immigration bills filed in Texas this legislative session "could fade away with a whimper." This excellent article examines the back story on these bills, and provides this summary:
AT A GLANCE: WHERE 3 KEY MEASURES STAND
1. Repeal of tuition law: Seeks to change the 2001 law that allows some students who are in the country illegally to pay college tuition at in-state rates.
Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.
2. “Sanctuary cities” bill: Would bar local rules that prohibit police from asking the immigration status of people they stop.
Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.
3. Interstate border security compact: Would potentially allow Texas and other states to enforce federal immigration laws — and perhaps to create their own border security force.
Status: Out of Senate committee. Prospects in full Senate unclear. No House committee hearing scheduled.
Currently the law allows students who graduate from a Texas High School and who have lived in Texas for 3 years to attend a Texas college or university at the in-state tuition rate. Texas led the nation by enacting this law in 2001 with bi-partisan support, and signed into law by Gov. Rick Perry.
A bill introduced in the Texas Senate (SB 1819) would change this law and require that undocumented students pay out of state tuition rates. The proposed bill changes Education Code §543.052 adding the following language:
(c) a person who is not authorized under federal statute to be present in the United States may not be considered a resident of this state for purposes of this title.
This would include students who have Deferred Action for Childhood Arrivals (DACA).
The Bill Analysis for SB 1819 states that:
Undocumented students who currently receive in-state tuition at a public institution of higher education with at least 30 hours of credit before the 2015-16 academic year will be exempt from the changes.
However, I don't find that exception in the proposed Bill.
On Monday, the State Senate subcommittee on border security will have a hearing on SB 1819.
United We Dream has a petition that you can sign opposing SB 1819.
One way to meet the educational requirements for Deferred Action for Childhood Arrivals (DACA) is by graduating from a U.S. high school, but there are other ways to qualify:
The other requirements for DACA are that you:
The Baylor Law School Immigration Clinic is accepting applications for appointments to our Spring DACA Clinic. The Clinics will be held March 23, 24, 26, 30, 31 and April 2. Law students under the supervision of Professors Laura A. Hernandez and Susan I. Nelson will assist with initial and renewal DACA applications.
For information on how to make an appointment go to: Baylor Law School Immigration Clinic
Texas Attorney representing individuals and businesses in immigration matters. Passionate about keeping families together and helping students to reach their potential.
Recent Comments