THE DREAM ACT

1. The dream act: understanding the implications for the profession and Deferred action for childhood Arrival The Pacific Association of Collegiate Registrars and Admissions Officers – 88th Annual Conference San Diego Marriott Marquis and Marina San Diego, California November 7, 2012 Adrienne Kellum McDay William Rainey Harper College

2. THE DREAM ACT • DREAM ACT - Development, Relief, and Education of Alien Minors (Senate Bill 729) or American Dream Act (H.R. Bill 1751) • Introduced March 26, 2009 by Senators Dick Durbin (D-IL) and Richard Lugar (R-IN), Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), Lucille Roybal-Allard (D-CA) and Orrin Hatch (R-UT). • Reintroduced created to help youths brought the United States by undocumented parents as children who are now graduating from High School not only find a path to citizenship for themselves, but also be allowed to continue their education into college and beyond.

3. THE DREAM ACT • First version was introduced in 2001 – negatively impacted by 9/11 • Status – 9/21/10 Amendment to the National Defense Authorization Act for Fiscal Year 2011 (S. 3454) – died in the Senate • Significance - The 2011 graduating high school class, yet a class that is not able to plan for the future

4. IMPLICATIONS • 65,000 undocumented students graduate from U.S. high schools – only 15 to 20 percent matriculate into higher education, which has economic implications for the U.S. • Higher education admission policies – mostly inconsistent – lack of standardized practice or awareness of the issue.

5. IMPLICATIONS • What role does higher education play in immigration policy generally? • Should we ask prospective students to provide verifiable proof of their immigration status? • Affordability - Financial assistance?

6. DREAM ACT 2011 Would enact two major changes: • Permit certain immigrant students who have grown up in the U.S. to eventually obtain permanent legal status and become eligible for citizenship if they go to college or serve in the military. • Eliminate a federal provision that penalizes states that provide in-state tuition without regard to immigration status.

7. DREAM ACT 2011 • But after several unsuccessful attempts to pass the (55) voting in favor—President Barack Obama used his executive authority to permit up to 1.76 millionwww.pewhispanic.org/2012/08/14 aspiring Americans to emerge from the shadows of our society, with 950,000 people eligible immediately. • This year, Secretary of the Department of Homeland Security Janet Napolitano issues a directive allowing eligible youth to request discretionary relief from removal—a policy later named Deferred Action for Childhood Arrivals. http://www.americanprogress.org/issues/immigration/news/2012/10/26/43051/the-early-success-of-the-deferred-action-for-childhood-arrivals-policy

8. DEFERRED ACTION FOR CHILDHOOD ARRIVAL • Under this directive, immigrant youth are authorized to request a temporary two-year reprieve from deportation and apply for a work permit if they meet a series of requirements—including being under the age of 30, having lived in the United States for more than five years, and having entered the country before their 16th birthday. • Additionally, they need to have completed or currently be enrolled in high school (or have received a GED) or have served in the U.S. armed forces.

9. DeferredAction for Childhood Arrival (DACA) • Guidelines for working with undocumented students • As students may ask you for information about “Deferred Action”, this guideline will provide you with a basic understanding of the new immigration program/policy • Information / resources you can share with students so they know who/how to contact for further information and assistance.

10. Deferred Action for Childhood Arrivals(DACA) • On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action from USCIS (U.S. Citizenship and Immigration Services) for a period of two years, subject to renewal, and would then be eligible for work authorization. http://www.uscis.gov/USCIS/Resources/daca.pdf (See attached brochure. A good resource to give students.)

11. Deferred Action for Childhood Arrivals • Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time unless terminated. • Deferred action will be granted on a case-by-case basis, it is not a given.

12. Deferred Action for Childhood Arrival IS NOT • It is NOT the DREAM Act. (2011 Summary of DREAM Act). http://www.nilc.org/dreamsummary.html • It is NOT a pathway to lawful permanent resident status od U.S. citizenship.

13. FAQ’s National Immigration Law Center • Who qualifies? • A consideration of Deferred Action for Childhood Arrivals may be requested if • Were under the age of 31 as of June 15, 2012; • Came to the U. S. before reaching your 16th birthday; • Have continuously resided in the United States since June 15, 2007, up to the present time; • Physically present in the United States on June 15, 2012 and at the time of making your request for consideration of deferred action with United States Center for Immigration Services (USCIS);

14. FAQ’s National Immigration Law Center • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are in honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

15. How Do I Prove That I Qualify to Meet the Qualifications? • In ICIRR (Illinois Coalition for Immigrant and Refugee Rights) http://dreamrelief.org/wp-content/uploads/2012/07/Deferred-Action-Required-Documentation-20120820.pdf

16. How Do I Prove That I Qualify to Meet the Qualifications? • What is the process? • Visit USCIS portal pagewww.uscis.gov/portal/site/uscis/ for detailed information. • The following forms are required: • Form I-821D – Consideration of Deferred Action for Childhood Arrivals http://www.uscis.gov/USCIS/files/form/i-821d.pdf • Form I-765 – Application for Employment Authorization www.uscis.gov/portal/site/uscis/ • http://www.uscis.gov/files/form/i-765ws.pdf– I-765 Worksheet

17. Is there a Fee? • There is a $465 fee which includes the fee for the employment authorization application as well as the fee for fingerprints.

18. Is There Assistance Available? • There is NOT a system in place for expediting this process. Please caution students – there are already reports of people taking advantage of undocumented immigrants. The ONLY cost is the $465. • However, the attached document does list agencies and attorneys who can be trusted to help with the process. Legal counsel can be useful to students, as the process is complicated and there is NO APPEAL process set up if they make a mistake and are denied deferred action.

19. FINAL COMMENTS • Develop campus resources at your institutions. • Develop a strategic plan for responding to the growing needs for undocumented students on your campuses. • We can make a difference.

20. Information Sharing Questions/Comments /Experiences

21. Adrienne Kellum McDayamcday@harpercollege.edu847-925-6711