EXECUTIVE ACTIONS ON IMMIGRATION
On November 20, 2014, the President announced a series of executive actions two of which would allow undocumented immigrants to temporarily stay in the United States without fear of deportation. The first initiative included expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since before January 1, 2010, and extending the period of DACA and work authorization from two years to three years. This initiative also removes the upper age restriction allowing individuals who were born prior to June 15, 1981 to apply for DACA. There is still a requirement that the applicant either be currently enrolled in school, have graduated from high school, have obtained a general education development certificate (GED) or have been an honorably discharged veteran from the Coast Guard or Armed Forces of the United States.
The second initiative allows parents of U.S. citizens or lawful permanent residents who have been in the United States since before January 1, 2010, to request deferred action and employment authorization for three years in a new Deferred Action for Parental Accountability program (DAPA), provided they pass required background checks. Deferred Action will allow you to obtain employment authorization and with your new employment authorization document, you will be able to file for a social security card. Once you have a social security card and employment authorization you will be eligible to apply for a Connecticut drivers license.
The DACA change will be implemented approximately 90 days following the Presidentís November 20, 2014, announcement.
The DAPA policy will be implemented approximately 180 days following the Presidentís November 20, 2014, announcement.
In the meantime, it is suggested that persons who are applying for these programs obtain documentation to prove that they have been physically present in the United States since before January 1, 2010. Such documentation may include: leases, bank accounts, birth documents, tax returns (if filed), credit card statements and the like. Once deferred action is granted, the beneficiary will be required to file income tax returns. They should also obtain birth certificates of their U.S. citizen or lawful permanent resident children born on or before November 20, 2014.
To further discuss these initiatives, please contact Jason Y. Gans or Joseph M. Tapper at (860) 242-2221.
For more information, please contact Attorney Jason Y Gans.