Undocumented Student Conference

Chapman University | Saturday, September 28, 2019

 Enforcement Efforts Up
 More immigrants are being apprehended and
deemed ineligible for bond (22.5% increase
FY18)
 Crisis level case processing delays
 TPSterminated for Sudan, Nicaragua, Nepal,
Haiti, El Salvador, and Honduras
 “Remain in Mexico” plan for asylum seekers
 “Zero
Tolerance Policy” resulting in family
separation crisis
S. 1103: Reforming American Immigration for a Strong Economy Act
Establishes a skill-based immigration points system, to focus family-sponsored
immigration on spouses and minor children, eliminate the Diversity Visa Program,
and limit the number of asylum seekers admitted to the United States. Introduced
on 4/10/19 by S. Tom Cotton (R-AR).

S. 874 Dream Act of 2019

Protects Dreamers who were brought to the United States as children and have
lived in the U.S. for most of their lives from deportation and an opportunity to
obtain legal status if they meet certain requirements.
Introduced on March 26. 2019 by S. Graham (R-South Carolina) and S. Durbin (D-
Illinios)

H.R. 6: American Dream and Promise Act of 2019

Allows Dreamers, Temporary Protected Status (TPS) recipients, and Deferred
Enforced Departure (DED) recipients to apply for permanent legal status.
Introduced on 3/12/19 by Rep. Lucille Roybal-Allard (D-CA).

S. 663: Immigration Court Improvement Act of 2019

Would help insulate immigration judges from political interference or
manipulation. Introduced on 3/6/19 by S. Mazie Hirono (D-HI), S. Catherine
Cortez Masto (D-NV) and S. Jeff Merkley (D-OR)
S. 662: Fair Day in Court for Kids Act of 2019
Would provide legal representation for unaccompanied immigrant
children during removal proceedings. Introduced on 3/6/19 by S.
Mazie Hirono (D-HI), S. Catherine Cortez Masto (D-NV) and S. Jeff
Merkley (D-OR).

S. 386: Fairness for High-Skilled Immigrants Act of 2019

Eliminate the per-country numerical limitation for employment-based
immigrants and increase the per-country numerical limitation for
family-sponsored immigrants. This is the Senate companion bill to
H.R. 1044. Introduced on 2/7/19 b S. Mike Lee (R-UT)

H.R. 1044: Fairness for High-Skilled Immigrants Act of 2019

Eliminates the per-country numerical limitation for employment-
based immigrants and increase the per-country numerical
limitation for family-sponsored immigrants. Re-introduced on
2/7/19 by Reps. Lofgren (D-CA), Buck (R-CO), and 112 bipartisan
members. Passed the House 7/10/2019
S. 326: Restrictions Against Illegitimate Declarations for Emergency
Re-appropriations (RAIDER) Act of 2019
Prevents the president from utilizing the National Emergencies Act of
1976 to use critical military construction and disaster response funds
to construct his wall along the southern border. Introduced on 2/4/19
by S. Tom Udall (D-NM) and S. Martin Heinrich (D-NM)

H.R.590: Freedom of Religion Act of 2019

Amends the INA to prohibit denying admission or entry to the United
States, or other immigration benefits, because of religion. Introduced
on 1/16/19 by Rep. Donald S. Beyer, Jr. (D-VA)
 Protects “Dreamers” from deportation and an opportunity to
obtain legal status.

 Would allow nearly 700,000 DACA recipients, as well as

another at least 1.4 million eligible Dreamers brought to
America as children, to stay in the U.S

 Creates a conditional permanent resident status valid for up

to eight years that would allow them to work legally in the
U.S. and permit them to travel outside the country.

 Can lose conditional permanent resident status if they

commit a serious crime or fail to meet the other
requirements set in the bill.

 Automatically grants conditional permanent resident status

to DACA recipients who still meet the requirements needed
to obtain DACA.
 Requirements:
1. Came to the U.S. at age 17 or younger;

2. Lived continuously in the U.S. for at least four

years prior to the bill’s enactment;

3. Demonstrate “good moral character” with no

felony or multiple misdemeanor convictions,

4. Submit biometric and biographic data, and

undergo a biometric and medical exam;

5. Admitted to a college or university, have earned

a high school diploma, or are in the process of
earning a high school diploma or an equivalent;

6. Pay an application fee.

 Conditional permanent resident status can be changed to lawful
permanent residency status as soon as they meet the following
conditions:

1. Maintain continuous residence in the U.S.;

2. Complete one of the following three requirements:

 Graduate from a college or university, or complete at least two years of a
bachelor’s or higher degree program in the U.S. (education track);
 Complete at least two years of honorable military service (military track); or
 Have worked for a period totaling at least three years (worker track);

3. Demonstrate an ability to read, write and speak English and an

understanding of American history, principles and form of
government;

4. Continue to demonstrate “good moral character” without felony or

multiple misdemeanor convictions, submit biometric and
biographic data, and undergo a biometric and medical exam; and

5. Pay an application fee.

 The American Dream and Promise Act of 2019
would provide current, former, and future
undocumented high school graduates and GED
recipients a three-step pathway to U.S. citizenship
through college, work, or the armed services.

 Also allows over 300,000 TPS holders and up to

3,600 individuals with DED to have the opportunity
to remain in the country.
 Step 1: Conditional Permanent Residence
An individual is eligible to obtain conditional permanent resident
(CPR) status for up to 10 years, which includes work authorization, if
the person:
o Entered the United States under the age of 18;

o Entered four years prior to enactment and has since been continuously present;

o Has been admitted to an institution of higher education or technical education

school, has graduated high school or obtained a GED, or is currently enrolled in
secondary school or a program assisting students to obtain a high school diploma
or GED;

o Has not been convicted of any "crime involving moral turpitude" or controlled
substance offense, any crime punishable by more than one year in prison, or three
or more offenses under state or federal law. There is an exception for offenses
which are essential to a person’s immigration status;

o Has not been convicted of a crime of domestic violence unless the individual can
prove the crime was related to being the victim of domestic violence, sexual
assault, stalking, child abuse, neglect in later life, human trafficking, battery, or
extreme cruelty.
 Step 1: Conditional Permanent Residence (cont.)

 Under the terms of the bill, the Secretary of Homeland Security

can issue waivers for humanitarian purposes, for family unity, or
when the waiver is otherwise in the public interest.

 DACA recipients and other DACA-eligible Dreamers who still

meet the requirements needed to obtain DACA would
automatically qualify for CPR.

 The bill would cancel deportation proceedings for Dreamers if

they are eligible for “conditional permanent resident” status. It
would also cancel deportation proceedings for young Dreamers
under the age of 18 if they meet the requirements for “conditional
permanent resident status” except that they are not yet enrolled
in high school or an equivalent.
 Step 2: Lawful Permanent Residence
Anyone who maintains CPR status can obtain lawful permanent
residence by satisfying the following:
1. Complete one of the following tracks:
a. Higher education: Has completed at least two years, in good standing,
of higher education or of a program leading to a certificate/credential
from an area career and technical education school;

b. Military service: Has completed at least two years of military service

with an honorable discharge, if discharged; or

c. Work: Can demonstrate employment over a total period of three years

and at least 75 percent of the time that the individual had employment
authorization, with exceptions for those enrolled in higher education
or technical school.

2. Maintain continuous residence in the U.S.;

 Step 2: Lawful Permanent Residence (cont.)

3. Demonstrate an ability to read, write and speak English and an

understanding of American history, principles and form of government;

4. Pass government background and security checks, submit biometric and

biographic data, and demonstrate good character with no felony or
multiple misdemeanor convictions; and

5. Pay an application fee.

 Individuals who cannot meet one of these requirements can apply for a “hardship
waiver” if the applicant is a person with disabilities, a full-time caregiver of a
minor child, or for whom removal would cause extreme hardship to a spouse,
parent, or child who is a national or lawful permanent resident of the United
States.

 Dreamers could apply directly for LPR status if they meet both the requirements to
receive “conditional permanent resident” status and to adjust to LPR status.
 Step 3: Naturalization

 After maintaining LPR status for five years, an individual can

generally apply to become a U.S. citizen through the normal
process.

 According to the Migration Policy Institute, as many as 2.31

million individuals would qualify for conditional permanent
resident status under the 2019 version of the Dream Act, putting
them on a path to citizenship. The bill would also provide a path
to citizenship for an estimated 429,000 people who are current or
former beneficiaries of TPS or DED
 The bill would allow states to grant in-state tuition to Dreamers with
“conditional permanent resident” status if they fulfill the state’s residency
requirements by repealing Section 505 of Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA) of 1996, which may currently be used to
penalize states that grant in-state tuition.

 The bill would also allow Dreamers with “conditional permanent resident”
status to receive federal financial aid, such as certain federal student loans
and work-study programs, and to obtain professional, commercial and
business licenses.

 The bill would permit DACA recipients and other DACA-eligible Dreamers
who were deported or who voluntarily departed from the U.S. on or after
January 20, 2017 to apply for “conditional permanent resident” status abroad
if they meet certain requirements, including having lived in the U.S.
continuously for at least four years and having been deported or voluntarily
departed solely because they were undocumented after overstaying a visa or
crossing the U.S. border without authorization.

 Recipients can lose conditional permanent resident status at any time if they
commit a serious crime or fail to meet the other requirements set forth in the
bill.
Protection for TPS Holders and DED Recipients
 This act would allow TPS holders and individuals with DED to
adjust to LPR status if they meet the following requirements:
1. Lived continuously in the U.S. for at least 3 yrs before the bill’s
enactment;
2. Were eligible for or had TPS on Sept 25, 2016, or had DED as of Sept
28, 2016;
3. Apply within three years of the bill’s enactment and meet the
admissibility requirements for LPRs; and
4. Pay an application fee.

 The bill would protect TPS holders and TPS-eligible individuals

from El Salvador, Guinea, Haiti, Honduras, Nepal, Nicaragua, Sierra
Leone, Somalia, South Sudan, Syria and Yemen, as well as
individuals with DED from Liberia.

 The bill would cancel deportation proceedings for TPS holders and
individuals with DED if they are eligible for LPR status under the
bill’s protections.
Protection for TPS Holders and DED Recipients (cont.)
 The bill would clarify that under current law an individual with TPS is
considered inspected and admitted into the U.S.

 The bill would permit TPS holders and TPS-eligible individuals who
were deported or who voluntarily departed the U.S. on or after
September 25, 2016 to apply for LPR status if they meet certain
requirements, including having lived in the U.S. continuously for at
least three years and having been deported solely because they were
present in the U.S. after the expiration of their TPS status or, in the
case of a voluntary departure, departed because of the DHS Secretary’s
decision to end TPS designation for their country.

 The bill would also permit individuals with DED who were deported or
departed on or after September 28, 2016 to apply for LPR status if they
meet certain requirements, including having lived in the U.S.
continuously for at least three years and having been deported solely
because they were present in the U.S. after the expiration of their DED
status or, in the case of voluntary departure, they departed because of
the DHS Secretary’s decision to end DED designation for their country.
 The bill would require the Department of Homeland Security (DHS) to
provide a report on future decisions to terminate TPS designations,
including an explanation of any progress made by a country to resolve
the issues that led to the TPS designation and the methods used by DHS
to determine whether the country’s conditions have improved.

Other Provisions
 The American Dream and Promise Act would prevent DHS from deporting
an individual who appears to be eligible for the bill’s protections or has a
pending application.
 The bill would create a U.S. Citizenship and Immigration Services (USCIS)
grant program for nonprofit organizations to screen and assist
individuals apply for “conditional permanent resident” status or LPR
status under the bill.
 The HR 6 passed the U.S. House of Representatives on
June 4, 2019 by a 237 to 187 vote, with seven
Republicans joining the 230 Democrats who were
present in support of the legislation. The next step
would be for the Senate to vote on the bill.

 Dream Act of 2019 (HR 2820)still pending in the House

 GetEducated – stay abreast of changes in the law
and know your options

 BePrepared – don’t wait until the bill passes, start

taking actions now to ensure you qualify

 Have
a Plan – enroll in school if necessary, gather
documentation that will demonstrate eligibility

 UseYour Voice - Share this information with your

family, friends and community. Contact your
Congressional Representative (202) 225-3121 and
voice your opinion
 https://www.nilc.org/wp-
content/uploads/2019/03/DreamActs-and-DACA-
comparison-2019.pdf

 https://www.nilc.org/issues/immigration-reform-and-
executive-actions/dream-and-promise-act-section-by-
section/

 https://immigrationforum.org/article/american-dream-
and-promise-act-bill-summary/

 https://immigrationforum.org/article/dream-act-of-2019-
bill-summary/
 A person who publicly supports or recommends a
particular cause or policy

 A person who brings attention to a cause or issue

with the purpose of bringing about a particular
outcome

 A person who is a stand for a cause (i.e. advocate

for peace).

Advocacy is ultimately a conversation of engagement

 Advocacy is not education or information
dissemination although both are necessary to be an
effective advocate or to engage others.
 Advocacy does not need to be reactive to a problem,
but can be a means of creatively addressing a
problem or concern.
 Advocacy is not a science. The tools, avenues and
approaches will vary tremendously based on the
intent and target group.
 Advocacy is not blind agitation and does not illicit
violence.
 Advocacy is not a result of random passionate acts.
It requires careful thinking, planning and strategy.
 Advocacy is not simply proposing changes to existing
policies, but creates new ones
 The objective of Advocacy is to
effectuate change
(reactively or proactively and hopefully always creatively)
 Committed – to be an unwavering stand for your
cause
 Perseverance – to be steadfast despite the
challenges or difficulties that may arise
 Integrity – say what you mean and mean what you
say consistently
 Compassion – the ability to put yourself in
someone else’s shoes
 Knowledgeable – open to learning new
information and perspectives
 Creative – the ability to think outside the box and
bring into reality something that has never
existed
 People person – after all it’s all about engagement
 There is power in numbers
 Avoids “reinventing the wheel”
 Expanded pool of resources – information,
labor, perspective, expertise, etc.
 Leverage - People with same interests
are more likely to be effective by
collaborating
 Be confident. Tell your story and share your experiences with your
target audience.
 Be knowledgeable of the issues (includes counterarguments).
 Be honest even if it seems to diminish your position (credibility is
key).
 Use plain language. Avoid technical words or legalese.
 Speak from the heart, but don’t over-tell your story.
 Stay on message and polish your message (be clear, concise,
compelling and personal)
 Ensure that your group reflects a diversity of opinions and
perspectives.
 Exercise your advocacy muscle so you have good and strong long
lasting relationships.
 Make the most of technology to research a particular position;
monitor positions; organize, mobilize, and communicate with
partners; promote a viewpoint, attract supporters and organize
campaigns.
 Lisa D. Ramirez
U.S. Immigration Law Group, LLP
1913 E. 17th Street Suite 204
Santa Ana, CA 92705
(714) 494-4545
lisa@usilg.net

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