Policy and Legislation

Advanced Parole

Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services, that allows certain noncitizens inside the United States to depart and seek to reenter the country after temporary travel abroad.

DACA

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. This is all made possible through an Executive Action by the Obama administration; as this is not a law, this status can be revoked or terminated at any time by the executive branch of the government (US President). DACA toolbox

Family Educational Rights and Privacy Act (FERPA) 

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.

Temporary Protective Status (TPS)

Congress created TPS in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stays of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation. 

T-Visa

T-Visa/T Nonimmigrant status is set aside for those who have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking. The T nonimmigrant status allows victims to remain the United States to assist in the investigation or prosecution of human traffickers. Once a T nonimmigrant visa is granted, a victim can apply for a permanent resident after three years.

Undocumented

The term “undocumented” cannot be used to define an entire group. Undocumented individuals include those who enter without authorization, those who entered with a visa but overstaying it, having a time-limited protection such as DACA, or currently in the process of legalizing their status.

U-Visa

U-visa/U nonimmigrant status is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.