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Republicans Propose a Bill to Help DACA Kids

September 26, 2017

Republicans Propose a Bill to Help DACA Kids

Author: New York Immigration Attorney Alena Shautsova

On September 25, 2017, Senators Thom Tillis (R-NC), James Lankford (R-OK), and Orrin Hatch (R-UT) introduced the SUCCEED Act. It is a new law that aims to solve DACA kids’ challenge. The Succeed Act would authorize cancellation or removal and adjustment of status for children known as “Dreamers.”

The proposed law authorizes the government to grant cancellation of removal for those kids who qualified for DACA benefits with a benefit of CONDITIONAL PERMANENT RESIDENCY. The young person has to either earn a high school degree or be enrolled in an educational institution or has served or be enlisted in the US Armed Forces.  In addition, the person should not have certain inadmissibility or deportability grounds be applicable to him/her; should have paid his/her taxes; should not have any felony convictions; a significant misdemeanor; or criminal convictions totaling in incarceration for at least 1 year. The applicant should not have an order of removal/deportation unless he/she remained in the US legally after such an order, or the order was issued before the person’s 18th birthday.

The Act also proclaims that a person who violated the conditions of such residency will be ineligible for any other Immigration relief except for Withholding of removal and Relief under CAT.

This conditional residence status can be terminated if a person is not working for at least 1 year while not attending a school; if he/she became a public charge; gained status as a result of fraud or misrepresentation; etc. If such conditional status is terminated, a person will be subject to an expedited removal.

Only after 10 years, a person will be able to apply for the actual green card, the one without the condition. And once such a person is a permanent residence for 5 years, he/she will be able to apply for citizenship.

This proposal is not the law yet. It is just a proposal that might be a possible solution for the DACA  beneficiaries.