This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
Immigration > DACA
Topic: DACA
Materials regarding deferred action for childhood arrivals (DACA) and deferred action for parental accountability (DAPA).
[pdf] Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) (January 20, 2021) (+)
Biden Administration policy which expands on and fortifies previous Obama-era DACA policy. Grants the Secretary of Homeland Security to take appropriate and necessary action to protect DACA.
[pdf] Immigration Options for Victims of Crimes (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
*Sample DACA Application & Biometrics Letter
Deferred Action for Childhood Arrivals (DACA) materials from Public Counsel – Sample biometrics letter, closing letter, and sample DACA application. Public Counsel Sample Biometrics Letter For DACA Applicants Sample biometrics letter explaining how a DACA applicant should go about completing a CIS biometrics request and what to do if s/he is turned away by the Application Support Center. Public Counsel Sample DACA […]
*Reasons why DACA can help immigrant crime victims
Summary of reasons why DACA can be beneficial for certain immigrant crime victims. Many immigrant survivors of domestic violence, sexual assault, and human trafficking who are eligible to apply for immigration relief under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA)–and their derivatives–also qualify for the new deferred action program […]
[pdf] Beyond DACA: Pathways to Immigration Relief for Students (November 12, 2014) (+)
Webinar Co-led by NIWAP and the University of Michigan.
[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
[pdf] Beyond DACA Pathways to Immigration Relief for Students (+)
[pdf] Consumer Advisory on Immigration Fraud (+)
Advisory notice from American Immigration Lawyers Association clarifying the new policy of the Obama Administration.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
*Financing college for DACAmented and undocumented students
Can DACAmented or undocumented students receive financial aid? The answer depends on the source of the financial aid funds. Federal: Undocumented students are ineligible for all forms of federal financial aid. State: In a limited number of states (Texas, New Mexico, California, Minnesota, and Washington), undocumented students are eligible to receive state grants and/or scholarships. […]
[pdf] Chart of Deferred Action for Childhood Arrivals Process (+)
Chart of the number of individuals who have filed for deferred action for childhood arrivals between August 15 to December 13, 2012.
[pdf] Sample Letter of Request for Consideration of Deferred Action for Childhood Arrivals (+)
A sample letter simulating a request for consideration of deferred action for a childhood arrival. Enclose are Form G-28, Form G-1145, Form I-821D, Forms I-7665 & I-765WS, sample money order, sample passport photos, sample Tabs A-H documentation for eligibility.
[pdf] Sample Letter of Biometric Data Appointment Notice (+)
Sample letter simulating an appointment notice for biometric data collection.
[pdf] Sample Letter of DACA Termination of Represenation and Closing Letter (+)
Sample letter simulating approval of I-821D Deferred Action for Childhood Arrivals (DACA) request and your I-765 Application for Employment Authorization
[pdf] Presentation on Deferred Action for Childhood Arrivals (+)
Power point presentation intended for volunteers at Legal Aid Society application assistance events.
[pdf] Deferred Action: What Evidence Should Be Gathered? (+)
Since President Obama announced the Deferred Action program for certain undocumented
youth, we have fielded many questions about how to apply. You can begin to gather the types
of documents that will serve as evidence in your application.
[pdf] Flowchart for Determining Eligibility for Deferred Action for Childhood Arrivals (+)
Flowchart for Determining Eligibility for Deferred Action for Childhood Arrivals
[pdf] Beyond Deferred Action: Long-Term Immigration Remedies Every DREAMer Should Know About (+)
A self-assessment guide for six remedies as well as information about how they work. We hope that this guide will help get information to DREAMers considering Deferred Action, and beyond that to other family members and friends, including younger siblings.
[pdf] U Update: Cap Queue and DACA Derivatives Practice Pointers (+)
Frequently asked questions about the U Visa cap queue and DACA derivatives pracitces.
[pdf] Practice Advisory: Deferred Action for Childhood Arrivals (+)
Practice advisory aimed towards attorneys and issued by American Immigration Council, National Immigration Project, and American Immigration Lawyers Association regarding general information, eligibility criteria, procedure, employment eligibility, etc. for individuals under DACA.
[pdf] Deferred Action for DREAMers: Overview of the Process and Frequently Asked Questions (+)
Frequently asked questions and summary of eligibility and benefits on Deferred Action for DREAMers.
[pdf] Deferred Action and Travel Outside the United States (+)
Frequently asked questions about deferred action and travel outside the United States.
[pdf] Exclusion of People Granted “Deferred Action for Childhood Arrivals” from Affordable Health Care (+)
General FAQ’s regarding the healthcare restrictions on individuals granted DACA released by the Obama Administration on August 28, 2012.
[pdf] Deferred Action and Public Health Insurance (+)
Individuals who came to the United States as children may be eligible for public health insurance in New York State after applying for Deferred Action.
[pdf] Guidelines for Identifying Humanitarian Concerns Among Administrative Arrestees When Conducting Worksite Enforcement Operations (+)
Cover letter and policy regarding addressing humanitarian concerns regarding nursing mothers, pregnant women, and mothers who are primary caretakers of children during worksite enforcement actions and the considerations for humanitarian release.
[pdf] ICE Announces Improvements to Secure Communities Program (+)
News release by U.S. Immigration and Customs Enforcement (ICE) announcing key improvements to the Secure Communities program; which focuses on targeting those that pose the greatest risk to communities.
[pdf] Map of ICE Operational Areas of Responsibility (+)
Map and chart of U.S. Immigration and Customs Enforcement operational areas of responsibility and offices.
[pdf] Clarification of Existing Practices Related to Certain Health Care Information (+)
ICE Memorandum explaining Immigration and Customs Enforcement civil immigration enforcement policy regarding information concerning individuals and members of their household obtained during the eligibility determination process for such coverage under ACA and SSA.
[pdf] ICE Detainers: Frequently Asked Questions (+)
ICE Detainers: Frequently Asked Questions
[pdf] Form for Consideration of Deferred Action for Childhood Arrivals (+)
Form for Consideration of Deferred Action for Childhood Arrivals
[pdf] Instructions for Form I-765: Application for Employment Authorization (+)
Instructions from USCIS in filling out the I-765 Application for Employment Authorization.
[pdf] Form G-1145: E-Notification of Application/Petition Acceptance (+)
When you file an immigration form at one of the three U.S. Citizenship and Immigration Services Lockbox facilities, you will have the option to receive an e-mail and/or text message informing you the USCIS has accepted your application or petition.
[pdf] Immigration Update: Maximizing Public Safety and Better Focusing Resources (+)
Press release by the Obama Administration on the efforts and resources of the Executive Branch on immigration reform; emphasizing public security, immigration enforcement, and the focusing of resources on the removal of those convicted of crimes in the US.
[pdf] Removals Involving Parents of United States Citizen Children (+)
DHS report as one of a series of audit, inspection, and special reports prepared as part of our oversight responsibilities to promote economy, efficiency, and effectiveness within the department. This report addresses the number of instances over the past 10 years in which the illegal alien parent of a United States citizen child was removed from the country. It is based on interviews with employees and officials of relevant agencies and institutions and a review of applicable documents.
[pdf] Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement Regarding “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.” (+)
Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement regarding Legal Momentum’s draft booklet entitled: “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.”
[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)
On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.
[pdf] Fact Sheet on 2009 Immigration Detention Reforms (+)
Assistant Secretary John Morton announced substantial steps, effective immediately, to overhaul the immigration detention system. These reforms will address the vast majority of complaints about our immigration detention, while allowing ICE to maintain a significant, robust detention capacity to carry out serious immigration enforcement.
[pdf] Kennedy, Delahunt Announce New Guidelines For Immigration Raids (+)
Statement released by Senator Edward Kennedy and Congressman William Delahunt regarding the Office of Immigration and Customs Enforcement’s Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations. The guidelines set forth best practices for quickly identifying persons arrested who are sole caregivers or who should be released from custody for other humanitarian reasons.
[pdf] INS Detention Standard: Suicide Prevention and Intervention (+)
INS detention standard policy and procedures for suicide prevention and intervention.
[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[pdf] Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (+)
This memorandum provides field guidance to ensure compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.
[pdf] Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (+)
DHS Memorandum giving guidelines for the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children; identifying certain criteria that must be satisfied.
[pdf] Form I-765 Worksheet: Employment Authorization (+)
If you are applying for employment authorization under the (c)(14), Deferred Action, or (c)(33), Consideration of Deferred Action for Childhood Arrivals, categories, you must complete this worksheet so that USCIS can determine whether you have an economic need to work.
[pdf] Form I-765: Application for Employment Authorization (+)
I-765 Application for Employment Authorization Form
[pdf] Instructions for Form I-821D: Consideration of Deferred Action for Childhood Arrivals (+)
An individual may file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to request that U.S. Citizenship and Immigration Services (USCIS) exercise prosecutorial discretion in his or her favor under the Deferred Action for Childhood Arrivals (DACA) process, including consideration for Renewal of deferred action.
[pdf] Social Security Number – Deferred Action For Childhood Arrivals (+)
Eligibility guidelines for social security numbers, if an individual is granted Deferred Action status and employment authorization.
[pdf] Summary of DACA Implementation Survey Results (+)
The preliminary results from the DACA Survey conducted by the American Immigration Lawyers Association (AILA), the American Immigration Council (AIC) and the Immigration Advocates Network (IAN). Results of a nationwide outreach effort to gather information about DACA implementation.
[pdf] Deferred Action for Childhood Arrivals: How is it Helpful for Immigrant Crime and Violence Survivors? (+)
This tool discusses the importance of screening Deferred Action for Child Arrivals eligible and recipient children for histories of domestic violence, sexual assault, child abuse, abandonment or neglect, human trafficking, or other forms of crime victimization the DACA child or one of their parents may have suffered. There are several forms of crime victim related immigration relief – U visas, T visas, SIJS and VAWA – that include a path to lawful permanent residency that DACA children may also qualify for that include a path to lawful permanent residency.
[pdf] 20 Common Questions on DACA (+)
20 Common Questions on DACA
[pdf] Toolkit on Deferred Action for Childhood Arrivals (+)
This guide contains comprehensive information to help potential applicants and licensed attorneys navigate the application and renewal process for both 2012 “Deferred Action for Childhood Arrivals” and employment authorization. For example, the guide provides answers to some of the most frequently asked questions raised by DREAMers to date, including how to correctly file for “Deferred Action for Childhood Arrivals” and whether a driver’s license is possible after getting the 2012
deferred action.
[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.