UPDATE from the Immigrant Legal Resource Center (ILRC): Post-Election Information & Resources on DACA
Deferred Action for Childhood Arrivals Expansion (DACA) and Deferred Action for Parents of American Citizens or Lawful Permanent Residents (DAPA)
United States v. Texas
United States Supreme Court Decision on DACA+ and DAPA
The split 4-4 decision by the Supreme Court in United States v. Texas indicates a continued hold on President Obama’s Executive Actions on Immigration
Expanded Deferred Action for Childhood Arrivals, (expanded DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) would have protected millions— including an estimated 1.5 million in California and approximately 14,000 in the City & County of San Francisco alone—from deportation and would have provided them with the ability to work legally in the United States.
WHAT YOU NEED TO KNOW:
1. While this decision is a temporary setback, immigrant communities and their allies will continue to push for immigration reform that upholds the dignity of all communities and families. In the meantime, Ready California is working to ensure that immigrants have access to all available protections, including the original DACA program, and that California is ready for future immigration reform.
2. The original Deferred Action for Childhood Arrivals (DACA) program, launched in 2012, is still available and is NOT affected by the Supreme Court decision. Eligible undocumented immigrants can continue to apply for and renew DACA in order to access its many benefits, including a temporary reprieve from deportation, access to a work permit, and a social security number.
3. Many immigrant family members may be eligible for other immigration options that already exist. You can go to reputable attorneys and nonprofit organizations for an “immigration check-up” to see if you and/or your family members qualify for DACA or other available immigration options (such as U visas for crime victims or T visas for trafficking victims). Make sure you and your family are protected by going to trusted, qualified legal service providers.
- Never pay anyone who promises they will win your case or says you can get a work permit without applying for a benefit.
- Do not use anyone who is advertised as a notario for legal help – in the U.S., notarios cannot give legal help and are not lawyers.
- Ask to see the credentials of your legal services provider – being told “trust me” is not enough.
- Never sign blank forms. Ask for translation if you need it, and get copies of any papers filed for your case.
4. There are many other actions families can still take to protect themselves and secure their futures. Undocumented immigrants in California can apply for a driver’s license under AB 60. DACA recipients who meet the income requirements can enroll in Medi-Cal to access health care. Parents who meet the income requirements can enroll their children in Medi-Cal regardless of the child’s immigration status. Eligible legal permanent residents can apply to become U.S. citizens. U.S. citizens can register to vote.
5. This is not the end of the road. DAPA and expanded DACA were just temporary measures intended to help a subset of undocumented individuals in the context of a broken immigration system that continues to separate families. There are many opportunities to get involved and advocate for comprehensive immigration reform in 2017 and the future.