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FA R M L A B O R I N F O R M AT I O N B U L L E T I N

January 2015

Voice of the Fields California FREE

Volume 24, Number 12

President Obama Announces New Deferred Action Program—Avoid Immigration Fraud!

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here has been a great deal of excitement since President Barack Obama announced a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program last month for parents who have been in the United States since before January 1, 2010 and who have a child who is a US citizen or a Lawful Permanent Residents. The President is also expanding the Deferred Action for Childhood Arrivals (DACA) program.

The parent may be eligible if: DAPA Program Eligibility n The parent has at least at one child Requirements Deferred Action for Parental Accountability (DAPA) Program will enable undocumented parents of U.S.-born children to apply for a three-year deferral from deportation and work permit.

The DAPA program: n Provides protection from deportation for three years n Allows an applicant to apply for work authorization that lasts three years. n Participants may re-apply after three years n Does NOT grant individuals permanent immigration status. The program may change or be terminated in the future. n Participants may also apply for a social security number and, in some states, may apply for a driver’s license.

of any age who is a US citizen or LPR, and who was born on or before November 20, 2014; n Has continuously lived in the US since before January 1, 2010; n Was in the U.S. and out of status on November 20, 2014, the date President Obama announced the program; and n Has not been convicted of certain crimes or engaged in certain illegal activity.

The application cost will be $465.

Changes to DACA Eligibility The President also made some changes to the DACA program. DACA is extended for children brought here undocumented by their parents. It remains open to applications, but beginning

WA R N I N G :

There is NO application process yet The application process will start around May 2015. No one can apply for the new DAPA program yet. Some people may try to take advantage of you or others by giving incorrect or misleading legal advice for a fee. If you are not sure if the person offering to help you is telling the truth, check with another reliable source, like a church or a trusted community organization.

REMEMBER: in the US, Notary Publics are not lawyers and cannot give you legal advice or fix your immigration papers. around February 20, 2015, the following expanded criteria will take into effect: n child came to the US before the age of 16 (there is no longer an upper age limit to apply); n Has continuously lived in the US since before January 1, 2010; n Has met certain educational criteria, Continued on next page

DACA Eligibility Continued from previous page

such having a high school diploma or enrolling in an adult education class, including certain vocational education, ESL or GED classes; n Has not committed certain crimes or engaged in certain illegal activity; and, n Has no lawful status as of June 15, 2012.

The period of deferred action and work authorization has been changed to three years instead of two years for new applications and renewals.

According the California Rural Legal Assistance Foundation’s Amagda Perez, the first step in the DAPA and DACA process is to collect documents showing a continuous five-year presence.

“Medical records, birth certificates for U.S.-citizen children, pay stubs, tax records using the federal government’s 110 forms and rental documents will be very helpful,” Perez told the media.

“Residents in rural communities who have been paid in cash will have a harder time, but church and school records, proof of farmworker training programs, citizenship or English-as-a-second-language classes will help, she said.”

Start Gathering Documents Now to Help Prove Eligibility Farmworker Justice has offered the following on how to prepare documents for the DAPA program: n Proof of your identity: such as your passport, matrícula consular, or birth certificate and a photo ID. Visit your

country’s consulate to obtain one of these documents if you do not already have them. n Proof that you were in the US on November 20, 2014: Provide proof that you were in the US on a date as close as possible to Nov. 20, 2014.

See the list of examples below. n Proof that you have a US citizen or LPR child: For example, your child’s birth certificate with your name on it. n Proof that you have been in the country for at least 5 years since before January 1, 2010: Collect documents that include your name and date to show you have been in the US since before January 1, 2010 up to the date of your application.

Examples of documents that may be used to show presence in the US: • Proof of employment: W-2s, tax returns, pay stubs or other pay receipts from your jobs (past and present); photocopies of checks if you are paid by check; letter from your current employer on their letterhead stating the dates of employment • Union membership records • Bank statements, cancelled checks, and money order receipts • Billing statements or receipts (phone, electricity, water, rent, insurance, car insurance) • Leases, rental agreements, property titles (house, car) • Medical records: yours or your child’s if it includes your name • Driver’s license or photo ID (the date issued on the card can be used)

• School records or other attendance certificates (if it is your child’s record, it should have your name on it).

Farmworker Justice, La Cooperativa Campesina, the United Farm Workers, The California Rural Legal Assistance, and other organizations will be assisting applicants in completing the process.

For more information visit www. farmworkerjustice.org, www.lacooperativa.org, and www.sisepuede.org For general information, contact the Consulate General of Mexico office, at 2093 Arena Blvd. in Sacramento, by calling (916) 329-3500. You can also visit the consulate on the web at: http://consulmex.sre.gob.mx/sacramento/. The consulate also will provide a mobile app, “Mi Consulmex,” and answer questions at (855) 463-6395 or make appointments at (877) 639-4835.

Voice of the Fields California Circulatiosn: 45,000 copies www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 1107 9th Street, Suite 420, Sacramento, CA 95814 Phone 916.388.2220 Fax 916.388.2425

This product was funded by the U.S. Department of Labor’s Employment and Training Administration.

The opinions expressed in this product are exclusive of the authors and does not necessarily reflect the official position of the U.S. Department of Labor.

This product is copyrighted by the institution that created it. Internal use by an organization and/or personal use by an individual for non-commercial purposes is permissible. All other uses require the prior authorization of the copyright owner.

THE CALIFORNIA DREAM ACT UPDATE:

Apply for Fall 2015 Beginning Jan. 1

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n 2011, educational opportunities for California’s undocumented students were revolutionized with the California Dream Act. The Act, which became active on July 1, 2012, allows undocumented and nonresident documented students who meet certain provisions to apply for and receive state financial aid, private scholarships funded through public universities, university grants, community college fee waivers, and Cal Grants.

Students who meet the qualifications of California Assembly Bill 540 (AB 540 Status) can legally apply for financial aid and scholarships through the California Dream Act, making the dream of getting a college education possible for many.

To obtain AB 540 Status, a student must: n Attend a California secondary school for at least three years or graduated from a CA High School with the equivalent of three or more years of credit; n Graduate from a California secondary school or pass the California High School Proficiency Exam (CHSPE) or obtain a certificate of GED (General Education Development); n Enroll in an accredited or qualifying California college or university;

n If applicable, have completed an applica-

tion for a lawful immigration status as soon as they are eligible.

AB 540 students may include undocumented students; students who are U.S. citizens; but who are not residents of California; and usually dependent students whose parents are not residents of California.

Online Application

To begin the application, visit: www. csac.ca.gov/dream_act.asp. For more information on the California Dream Act, including the application worksheet, Spanish paper version and other useful forms, visit dream.csac.ca.gov.

For the Fall 2015 school terms, students may begin the application process January 1, 2015. Students may also apply for Cal Grants. Cal Grants are free money

for college that does not have to be paid back. Students may receive up to $12,192 annually for up to 4 years of college. The amount varies depending upon the college of attendance. To apply for a Cal Grant, you must complete the Dream Act application and your school certified GPA must be submitted after January 1, 2015 and before March 2, 2015.

California Dream Act Application information is not shared with federal databases.

The same privacy and information security laws and safeguards that apply to all other state financial aid applicants protect student and parent information submitted in the Dream Act application.

The recent federal Deferred Action for Childhood Arrivals (DACA) does not prevent students from applying for California Dream Act financial aid. California students who have applied for or received approval for Deferred Action should complete the California Dream Act Application, not the Free Application for Federal Student Aid (FAFSA).

If there are additional questions or need assistance completing the Dream Act Application, call (888) 224-7268.

For additional details, deadlines, or forms, make sure to check with your school and their financial aid office.

Agricultural Jobs available to U.S. workers under H-2A contract

You may apply for these jobs by phone or in person at your nearest Employment Development Department (EDD) field office Active

CalJobs Number 14246057

Job Title

Pay Rates

Contract Dates

Positions

City of Job

Employer’s County (for ECMS) Sonoma

EDD Workforce Service Site Office 1 Farmworker $12.00 Hour 02/01/15 8 Cazadero Santa Rosa WS Grapes 10/31/15 (707) 565-5550 2 14244942 Farmworker $11.33 Hour 02/13/15 30 Santa Maria Santa Barbara Santa Maria WS (805) Strawberries 09/15/15 614-1550 3 14244361 Farmworker $11.01 Hour 02/16/15 90 Oxnard Ventura Oxnard WS (805)382Strawberries 05/16/15 8610 4 14242294 Farmworker $11.33 Hour 02/16/15 197 Fallbrook/ San Diego Oceanside WS Strawberries 06/28/15 Oceanside (760)414-3582 5 13898523 Farmworkers $1600.34 Mo. on-going 206 California and California and Western Selected EDD Sheepherder Western States States WSB Offices The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. The H-2A employers must demonstrate that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. Preference in hiring will be given to qualified U.S. workers before employers are allowed to bring in foreign workers under the program.

Assembly Bill 60 to Grant Driver’s Licenses to Undocumented Workers

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n January 1, 2015, undocumented workers will have their first opportunity to obtain a California driver’s license thanks to the passage of Assembly Bill 60 by the state legislature in 2013. For the first time since 1993 California’s undocumented workers who have been driving without licenses become eligible to legally obtain licenses.

Drivers’ licenses under Assembly Bill 60 will be issued if applicants meet the normal requirements for obtaining a license. The difference after AB60 is that applicants must no longer provide proof of “legal presence” in California.

In order to qualify for a drivers’ license, a few documents are needed, such as proof of residency in California and a legal document confirming that a Social Security Number cannot be obtained.

Information regarding other forms and necessary procedures are available at http://apps. dmv.ca.gov/ab60/.

Those that receive a license under the exemptions provided by AB 60 will receive a license for “Driving Privileges Only.” As a result, this license cannot be used as federal identification, which provides proof of national identification.

However, it can be used to provide proof of identification if pulled over by a police officer while driving.

Some of the concerns regarding the Assembly Bill 60 include worry that police officers will report a driver’s legal status to the U.S. Immigrations and

Customs Enforcement. However, under AB 60, the DMV cannot release details of a driver’s legal status unless ordered to by a law enforcement agency as part of an investigation. Also, a police officer cannot use a license obtained under AB 60 as basis for detention based on legal status.

The law also prohibits state or local government agencies, officials, or programs that receive state funds from discriminating against someone because he or she holds or presents an AB 60 license. This includes state and local law enforcement officials. Additionally, AB 60 specifies that it shall be a violation of law, including, but not limited to, a violation of the Unruh Civil Rights Act, to discriminate against an individual who holds or presents an AB 60 driver’s license.

To monitor potential discrimination, AB 60 requires the California Research Bureau to compile and submit a report to the Legislature and the Governor about any incidents of discrimination perpetrated on holders of marked licenses.

Another concern about AB 60 is that some of the documents required

to obtain a license may be too difficult or costly to acquire. If these documents are currently unavailable, some can be acquired from the DMV or Department of Homeland Security.

A list documents needed for an AB 60 license can be found at https:// apps.dmv.ca.gov/ab60/. Some of these documents are still difficult to acquire, and could potentially shut out certain applicants.

According to the Drive California Coalition, “the documents you provide to the DMV to prove your identity, name, residency, and age are not a public record and the DMV may not disclose this information, except when requested by a law enforcement agency as part of an investigation.”

AB 60 is still not perfect and legislators are working with the DMV to protect the rights of undocumented workers. When AB 60 goes into effect, it will provide a great deal of protection for undocumented workers, and is an important step towards immigration reform.

Those with an Internet connection can visit the DMV’s official AB 60 page, http://apps.dmv.ca.gov/ab60/ or visit Drive California at http://driveca.org/ bill-ab60/ for more information.

If you do not have an Internet connection, you can visit a local DMV and ask a representative to print out information about AB 60. You can also call the DMV for information at 1-800-777-0133. The DMV call center is open Monday, Tuesday, Thursday, and Friday from 8AM5PM, and Wednesday from 9AM-5PM.