Crimes Bars to DAPA and DACA

Recorded Date: 
12/11/2014
Recorded Length: 
90 Minutes
MCLE: 
1.5 CA

The eligibility requirements for DAPA are fairly straightforward -- except for persons with a criminal record. This webinar for immigration advocates will address the following questions: 

  • What are the crimes bars to DAPA?  
  • What are the crimes bars to DACA, and how are they different? 
  • In states that permit reduction of a felony to a misdemeanor (such as California's new Prop 47 and other measures), what effect will that have? 
  • What key questions have not yet been resolved?
  • What are the risks that an applicant will be referred to removal proceedings?
  • What should advocates do now, before the application period starts?

Presenter: Angie Junck, Supervising Attorney

Angie is a supervising attorney at the ILRC.  She joined the ILRC in 2005 as a New Voices fellow. She specializes in the immigration consequences of crime and delinquency, immigration enforcement, and immigrant youth issues.  She is a co-author of several ILRC publications including, Defending Immigrants in the Ninth Circuit: The Impact of Crimes under California and Other State Laws, Remedies and Strategies for Permanent Resident Clients, and Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.  She helps coordinate two national collaboratives that address the intersection of the immigration and criminal justice systems—the Defending Immigrants Project, a collaborative devoted to protecting the rights of immigrants accused of crimes by providing advocacy and support within the criminal justice system and the Immigrant Justice Network, a collaborative to eliminate unjust immigration penalties for immigrants and end the criminalization of immigrant communities.  She sits on the American Bar Association's Immigration Commission and is the co-chair of the Immigration Committee of the ABA's Criminal Justice Section.  Prior to joining the ILRC, she worked on post-conviction relief for immigrants at the Law Offices of Norton Tooby and advocated on behalf of incarcerated survivors of domestic violence as the co-coordinator of Free Battered Women and a member of the Habeas Project. She is a proficient Spanish speaker.

Presenter: Kathy Brady, ILRC Senior Staff Attorney

Kathy has served with the ILRC since 1987 and has contributed to numerous ILRC projects. Kathy graduated from Stanford University and Boalt Hall School of Law. She taught immigration law as an adjunct professor at Santa Clara University and New College School of Law, and supervised students at the Stanford University Law School Immigration Clinic. Her expertise includes the immigration consequences of criminal convictions; issues affecting immigrant children and mixed families; immigration consultant and consumer fraud; naturalization; family immigration; legal status for immigrant victims of domestic violence through the Violence Against Women Act provisions (VAWA); and trial skills. She is the primary author of Defending Immigrants in the Ninth Circuit (formerly California Criminal Law and Immigration), and for many years was co-author of the section on defending noncitizens in the CEB manual California Criminal Law: Procedure and Practice. She also is a co-author of the ILRC's Special Immigrant Juvenile Status and the Immigration Benchbook for Juvenile and Family Courts. She has helped found coalitions and projects to address these issues, including serving as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. She authored briefs in key Ninth Circuit cases on immigration and crimes. In 2007, she received the Carol King award for advocacy from the National Immigration Project of the National Lawyers Guild, and she served as a Commissioner to the ABA Commission on Immigration from 2009-2012.   Prior to working at the ILRC, Kathy was in private practice with the immigration firm of Park and Associates. She is conversant in Spanish.

Presenter: Lena Graber, ILRC Special Projects Attorney

Lena has been involved in immigrant rights work for ten years, focusing on enforcement and detention issues.  Lena joined ILRC in 2013 as Special Projects Attorney to lead ILRC’s work on DACA services and trainings, as well as contribute to ILRC legal manuals and enforcement advocacy.  Prior to joining the ILRC, Lena was a Soros Justice Fellow at the National Immigration Project of the National Lawyers Guild, where she supported local campaigns against ICE detainers, provided training and education on the detention and deportation system, and litigated constitutional rights cases related to ICE enforcement.  Previously at the National Immigration Forum, Lena worked with border communities to improve accountability for human rights abuses by Border Patrol, and contributed to national immigration policy advocacy and reform efforts.  Lena graduated from Wesleyan University and George Washington University Law School, during which she worked on international human rights litigation in South Africa, co-managed a domestic violence email hotline, and aided local racial justice work with the Advancement Project and ONE DC.  Lena is a proficient Spanish speaker, a tap dancer, and once she was an immigrant rights mime.