U.S. Supreme Court Justice Antonin Scalia’s recent death and how a new Justice will be selected has injected new fuel into the Democratic and Republican debates. But it’s highly unlikely that a new Justice will be selected before this spring when the Supreme Court takes on expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Permanent Residents (DAPA). Both the DAPA and expanded DACA programs have been blocked by lower courts. In the case known as United States v. Texas, the Supreme Court is expected to make a final decision. Continue reading
After obtaining Deferred Action for Childhood Arrivals (DACA), recipients will generally have to file taxes with DACA. Like everyone else, your income tax return is generally due April 15th.
If future laws provide a path to citizenship for deferred action recipients, you can bet that your responsibility as a tax paying member of society will be scrutinized. Filing taxes after DACA is a great way to build a solid track record too. Down the road, there’s a good chance you’ll need to show compliance with tax requirements, proof of your income, or prove your physical presence in the United States. Continue reading
As the fight for DAPA and expanded DACA moves to the Supreme Court, learn how to prepare for the deferred action application.
This week, the U.S. Supreme Court agreed to take up the case of United States v. Texas. The case will determine the constitutionality of President Obama’s executive actions on immigration that expanded Deferred Action for Childhood Arrivals (DACA) and created Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
President Obama announced the expanded DACA and DAPA programs in November 2014. But the programs have stalled due to court challenges. The Supreme Court’s decision will be final.
The Supreme Court’s decision to take up the case is great news for proponents of Obama’s immigration actions. A ruling in the case will likely impact as many as 5 million undocumented people. The existing DACA addresses people who entered the U.S. as children and have no current legal status. (Note: The existing DACA program is unaffected by the court ruling.) The expanded DACA program, which is being challenged in court, makes the program available to a greater number of eligible applicants. DAPA addresses more than 4 million undocumented immigrants who have children who are American citizens or lawful permanent residents. Continue reading
People that have been granted Deferred Action for Childhood Arrivals (DACA), may also have the opportunity to travel abroad. The travel purposes are limited in scope, and travel must be authorized before departure through what is known as Advance Parole for DACA.
Advance Parole makes it possible to travel outside the United States and return without losing DACA status. It’s not available to everyone and for all travel reasons. Therefore, it’s important to understand the eligibility criteria and how to prepare the application for Advance Parole correctly. Continue reading
Although President Obama’s executive actions that created DAPA and expanded DACA remain stalled, his updated enforcement policy means that up to 87 percent of undocumented immigrants in the United States likely will not be the target of Immigration and Customs Enforcement (ICE) according to the Migration Policy Institute (MPI).
The centerpiece of Obama’s November 24, 2014, executive actions on immigration was the announcement of the Deferred Action for Parental Accountability (DAPA) program and expanded Deferred Action for Childhood Arrivals (DACA). When combined, these two programs were expected to positively affect up to 5 million people with protection from deportation and employment authorization for a renewable 3-year period. But both of these programs are blocked by court orders. Continue reading
The court injunction that has halted the implementation of Obama’s executive action on immigration may also be freezing economic growth for the United States. Research from the Center for American Progress (CAP) suggests there are economic gains of granting deferred action to undocumented immigrants through programs like DACA and DAPA. Deferred action raises wages and generates increased tax revenues.
While 26 states battle it out with the Obama administration, another story is unfolding. The United States has already benefited from programs like Deferred Action for Childhood Arrivals (DACA). Continue reading
There are misconceptions that many deferred action recipients and undocumented immigrants don’t pay taxes and/or aren’t obligated to pay taxes. Both are false. And filing taxes after deferred action, doesn’t have to be hard.
Immigrants must pay taxes in the United States, and most of them do. Even undocumented immigrants have a responsibility by law to pay taxes. Beyond the legal obligation to pay taxes, many immigrants want to contribute to the United States and document their residence in this country.
Immigrants with deferred action status from programs, such as DACA and DAPA, are required to pay taxes going forward. Payment of back taxes is not required. Paying taxes may also help future immigration cases if the applicant ever needs to demonstrate compliance with tax requirements, proof of income, or proof of continuous residence in the United States. Continue reading
Changes in the Deferred Action for Childhood Arrivals program affect both current DACA recipients and open up eligibility for more people
Jaime Escobar couldn’t apply for President Obama’s DACA program when it was first announced. He arrived in the United States as a child. Today he is 40 years old, making him too old for the DACA criteria as originally outlined. From Jaime’s perspective, he is every bit a DREAMer as the younger applicants who qualify.
Changes in the DACA policy announced as part of President Obama’s immigration action mean that Jaime will soon be able to apply for expanded DACA. In fact Jaime and an additional 300,000 people could qualify for expanded DACA with these eligibility changes. Continue reading
The President’s Immigration Action will expand deferred action to include approximately 5 million additional immigrants.
President Obama addressed the nation last night and announced major executive action on immigration. The immigration action had several components which include border enforcement, adjustment of removal priorities, improvement in ICE officer compensation, expansion of provisional waivers, expansion of parole-in-place, promotion of high-skilled labor, promotion of naturalization, and expansion of the deferred action program to millions more. CitizenPath explains who gets covered by the expanded deferred action and how to prepare for it. Continue reading
One of the major barriers to the Deferred Action for Childhood Arrivals (DACA) program has simply been cost. For an initial applicant, the $465 cost can be overwhelming. After all, an initial applicant doesn’t have a work permit yet to earn the money. It may also be necessary to get professional help preparing the application. Even for DACA renewals, applicants may continue to struggle to obtain the necessary $465 USCIS fees. There are options for how to pay for DACA. Continue reading