Last night President Obama gave a speech about immigration reform and announced administrative changes to fix some aspects of the broken immigration system. He noted that the best reform would come from Congress passing a new law. He said he is no longer willing to wait for Congress, however, and will use his role as the Executive Branch of the government to re-interpret some aspects of the law in a way that focuses resources on deporting criminals, not hard-working parents. Obama’s address to the nation was really directed at American voters and tried to convince Americans to accept the fact that more immigrants will now be able to come out of the shadows, get work permits, driver’s licenses and participate more fully in our communities and economy.
But, you ask, who will be able to get papers? What are the specific changes announced? Specific details will be announced in the coming months. Here is what we know at this point:
1. More People Will be Eligible for Deferred Action for Childhood Arrivals (DACA): Deferred Action for Childhood Arrivals is a way for people who were brought here as children and have lived in the U.S. for many years to get work authorization. The DACA program was started in June 2012 and since then many young people have gotten work permits, social security numbers, driver’s licenses, and have gone to college and worked lawfully to support their families. It will now be available to more people, as follows:
A) Continuous residence since January 1, 2010: Now, DACA applicants who started living continuously in the U.S. since before January 1, 2010, instead of June 15, 2007, will be able to apply.
B) Age limit removed: Previously, DACA was only available to people born prior to June 15, 1981. That age limit will no longer apply.
C) Three years’ work authorization at a time: Previously, DACA registrants received two years of work authorization at a time. New DACA work permits will be valid for three years at a time. This includes DACA renewal applications that are being filed for people who already have DACA. The immigration service is directed to consider the possibility of extending work authorization for people who already have it to three years.
D) Entry as a child: DACA registrants still must have entered the U.S. before age 16. This requirement has not changed.
E) Criminal ineligibility unchanged: DACA also still requires that registrants not have been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and not otherwise pose a threat to national security or public safety.
F) Education requirements unchanged: DACA still has an education component. Registrants must have graduated from high school (or have a GED), currently be in school (including a GED program and certain other English and/or technical programs), or be honorably discharged veterans from the U.S. Armed Forces.
Instructions for expanded DACA re expected to be available in approximately 90 days.
2. Parents of U.S. Citizens and Permanent Residents Who Have Been Here for Five Years Will Be Able to Apply for Deferred Action for Parental Accountability (DAPA): The Director of the Department of Homeland Security directed the immigration service to develop a program to provide deferred action and work authorization for the parents of U.S. citizens and permanent residents. This program will be very similar to DACA, with the same discretionary, case-by-case decisions, the same filing fee and also providing for three years of work authorization and protection from deportation for registrants. The requirements are:
A) Parent: Have a son or daughter who is a U.S. citizen or lawful permanent resident as of November 20, 2014
B) Continuous Residence: Have continuously resided in the United States since before January 1, 2010
C) Undocumented: Have no lawful status as of November 20, 2014
D) Physical presence: Be physically present in the U.S. on November 20, 2014, and on the date of application
E) Not be an enforcement priority. Those criteria are explained more fully here. The basic idea is that anyone who has been convicted of a felony, a significant misdemeanor (including DUI, domestic violence, sexual abuse) or three or more other misdemeanors (except for traffic offenses), or anyone who poses a danger to the U.S. because of gang membership or terrorist ties, cannot be approved for DAPA.
Instructions for parents of U.S. citizens and permanent residents are expected in approximately 180 days. No one will be able to apply for DAPA, although people in removal proceedings who will be DAPA eligible should speak to an experienced immigration attorney right away.