Getting Ready for Administrative Action
Issues: Immigration
After the 2012 elections, there was great hope that the U.S. Congress would finally enact comprehensive immigration reform. I spent a significant amount of time the last two years with the House Group of 8 crafting a bipartisan bill, but conversations with my Republican colleagues stalled as they explored offering their own bill. Unfortunately, it is now clear that the Republican leadership in the House will not offer their own solution to our broken immigration system, nor will they allow a vote on the bipartisan legislation that passed the Senate in 2013.
House Republicans are refusing to advance legislation that would strengthen border security, stimulate our economy and register the estimated 11 million undocumented individuals with the federal government so they may fully contribute to the U.S. and earn their citizenship.
In the face of inaction, President Obama announced on June 30, 2014 that he would use his executive authority where he could to fix our immigration system and improve our security. The Secretary of Homeland Security Jeh Johnson was tasked by the President to recommend a range of actions that the Administration could take under existing law. The Congressional Hispanic Caucus prepared a memorandum for the President and Secretary Johnson outlining adjustments that can be made by the Executive Branch to improve our immigration system to support family unity, to make immigration enforcement more humane, and to focus federal resources on criminals rather than on relatives of U.S. citizens who have long-standing community ties and no criminal records.
On November 20, 2014, the President announced the Immigration Accountability Executive Action. Using his executive authority, the President is expanding eligibility for the DACA program. He also announced the creation of a new program for the parents of U.S. citizen children and Lawful Permanent Resident children, the Deferred Action for Parents (DAP) program. Undocumented parents who have been present in the U.S. for FIVE YEARS will be required to register with the government, pay taxes, and pass a background check at their own expense. If approved, they will receive protection from deportation for three years and authorization to work.
While the President has announced improvements he is making to our immigration system, you cannot apply yet. I share the following general information as a guide to begin to help prepare our community for executive action.
One important way to prepare is by collecting documents that help establish your identity, demonstrate your presence in U.S. communities, and show family ties to U.S. citizens and legal residents. This type of documentation may be required to show eligibility for deportation relief. I have prepared a list below of the types of documents that may be helpful to gather now in order to be better prepared to apply.
We will update this list once the President announces the specific requirements to apply and when applications can be filed. Be sure to check back for updates and additional information.
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Proof of identity |
• Passport or national identity document from your country of origin • Birth certificate with photo identification • School or military ID with photo • Any U.S. government immigration or other document bearing your name and photo |
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Proof of your presence in the U.S. |
• Passport with admission stamp • Form I-94/I-95/I-94W • School records from the U.S. schools you have attended • Military records (Form DD-214 or NGB Form 22) • Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear) • Travel records • Hospital or medical records • Employment records (pay stubs, W-2 Forms, etc.) • Official records from a religious entity confirming participation in a religious ceremony • Copies of money order receipts for money sent in or out of the country • Birth certificates of children born in the U.S. • Dated bank transactions • Utility bills or other bills with your name and address • Rent receipts • Automobile license receipts or registration • Deeds, mortgages, rental agreement contracts • Tax receipts, insurance policies |
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Proof of immigration status |
• Form I-94/I-95/I-94W with authorized stay expiration date • Final order of exclusion, deportation, or removal issued • A charging document placing you into removal proceedings • Expired visa |
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Proof of education (for DACA eligibility) |
• Official records (transcripts, report cards, etc.) from the school that you are currently attending in the United States. • U.S. high school diploma or certificate of completion • U.S. GED certificate |
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Proof you are a honorably discharged veteran of the Coast Guard or Armed Forces of U.S. (for DACA eligibility) |
• Form DD-214, Certificate of Release or Discharge from Active Duty • NGB Form 22, National Guard Report of Separation and Record of Service • Military personnel records • Military health records |
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Demonstrating employment |
• W-2 Form • SS-4 Forms filed (by you or on your behalf) • Bank Deposits • Pay Stubs • Written receipts (cashed checks) • Employer/building ID • Email history to/from other employees or employer • Business cards • Ads posting your services • Contact information of employer |
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Payment of taxes |
• W-2 Form • Bank statements • Individual Taxpayer Identification Form (ITIN) • W-7 Form to apply for ITIN |
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Immigration history |
• Notice to appear • Removal documents • Any U.S. Citizenship and ImmigrationServices or DHS document |
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Family relationships |
• Listing dependents on W-2 • Birth certificates of all children, especially U.S. citizen children and Lawful Permanent Resident children • Copy of Green Card for Lawful Permanent Resident children • Marriage certificate (church and civil) • Adoption documents |
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Community relationships |
• Church records of attendance/membership • Community service records • School or College ID /registration documentation • Neighborhood watch documentation • Community center registration/documentation • Pool club membership documentation • YMCA/Boy scouts/girl scouts documentation • Sports teams documentation/registration • Documentation of volunteer work • Awards/Honors/Accolades in community |
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Criminal record |
• Court dispositions • FBI criminal background checks • Traffic violations/tickets • Any expungement records • Juvenile expunged records • Documentation of pardons • DUI rehabilitation class registration |
Haga clic aquí para más información sobre cómo puede ir preparándose.
