What is Deferred Action for Childhood Arrivals (DACA)
The Deferred Action for Childhood Arrivals (DACA) has significantly impacted young immigrants, commonly known as Dreamers, who were brought to the United States as children. DACA offers them temporary protection from deportation, influencing various aspects of their lives, including education and economic contributions.
Let’s delve into the details of how DACA has shaped the lives of Dreamers.
What is the current status of DACA?
DHS announced a final rule to continue the DACA program under the current policy. It went into effect on October 31, 2022. This rule means there are no changes for current DACA recipients and their ability to renew. New applicants will still not be able to apply under the DACA program because of the July 2021 court ruling.
- If you were granted DACA before the court decision on July 16, 2021, you will continue to have DACA if you renew it on time.
- If you currently have DACA, you can renew it. You can also request and receive advance parole.
- USCIS will continue to accept the filing of new requests for DACA and employment authorization, but they will not grant these requests.
What is Deferred Action for Childhood Arrivals (DACA?)
Deferred Action for Childhood Arrivals (DACA) is an administrative relief program that shields qualifying immigrants who arrived in the United States as children from deportation. DACA provides undocumented immigrants with two benefits:
- Protection from deportation
- Employment Authorization Document (EAD) or work permit
The program requires that the DACA status and work permit be renewed every two years.
Deferred Action for Childhood Arrivals (DACA) is an exercise of prosecutorial discretion, providing temporary relief from deportation (deferred action) and work authorization to certain young undocumented immigrants.
As of the latest update in 2023, the Deferred Action for Childhood Arrivals (DACA) program, which was announced on June 15, 2012, remains in effect. Eligible individuals who came to the United States as children and meet specific guidelines can still request consideration for deferred action for a two-year period, subject to renewal. Successful applicants under DACA are also eligible for work authorization. It’s essential to stay informed about any further updates or changes to the DACA program as they may occur.
Deferred Action for Childhood Arrivals guidelines
To be eligible for DACA, individuals must meet specific criteria, including:
- Arriving in the United States before age 16.
- Continuous residence in the US since June 15, 2007.
- Physical presence in the US on June 15, 2012, and at the time of applying for DACA.
- Lack of lawful status on June 15, 2012.
- Currently in school, graduated, obtained a certificate of completion from high school, obtained a GED, or are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.
- No felony convictions, significant misdemeanors, or three or more misdemeanors, and no threat to national security or public safety.
Age guidelines
The applicants must also be at least 15 years or older to request DACA, unless the applicants are currently in removal proceedings or have a final removal or voluntary departure order, as summarised in the table below:
|
Situation |
Age |
|
The applicants have never been in removal proceedings, or their proceedings have been terminated before making their request. |
At least 15 years old at the time of submitting the applicant’s request and under the age of 31 as of June 15, 2012. |
|
The applicants are in removal proceedings, have a final removal order, have a voluntary departure order, and are not in immigration detention. |
Under the age of 31 as of June 15, 2012, but the applicants may be younger than 15 years old at the time they submit their request. |
What is DACA recipient?
A DACA recipient refers to an individual who has been granted Deferred Action for Childhood Arrivals (DACA) status, which allows them to remain in the United States temporarily without fear of deportation. These individuals may also receive work authorization during their period of deferred action.
What is DACA status?
DACA status is a temporary immigration benefit provided by the U.S. government to eligible individuals who came to the United States as children. It grants them deferred action, meaning they are protected from deportation for a specific period (usually two years) and may also receive work authorization during that time. DACA does not provide a pathway to permanent residency or citizenship, but it offers relief from deportation and allows recipients to work legally in the U.S.
What is DACA advance parole?
DACA recipients can apply for advance parole, allowing temporary travel abroad without losing DACA status. It permits travel for educational, employment, and humanitarian reasons, but approval is necessary, and entry is not guaranteed.
DACA supporting documents
- Proof of Identity: Passport, birth certificate, or government-issued ID.
- Proof of Entry Date: School records, medical records, or travel documents.
- Evidence of Continuous Residence: School records, bills, leases, or other documents showing presence in the U.S.
- Evidence of Presence on June 15, 2012: School records, financial records, employment records, etc.
- Education Records: Transcripts, diplomas, GED certificate, etc.
- Military Records: For U.S. military service members.
- Criminal Records: Explanation and certified court disposition if applicable.
- Two Passport-Style Photographs: Meeting USCIS requirements.
- Form I-765 (Application for Employment Authorization).
- Form I-821D (Consideration of Deferred Action for Childhood Arrivals).
How to apply for DACA?
The process of applying for DACA involves several steps:
1.Review Eligibility: Ensure that you meet all the eligibility criteria, including age, entry date, continuous residence, education, and criminal record requirements.
2.Gather Supporting Documents: Collect all necessary documents to demonstrate your eligibility, such as proof of identity, entry date, continuous presence, education records, and more.
3. Download and Complete Forms: Obtain Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization) from the official USCIS website and fill them out accurately.
4. Prepare Passport-Style Photos: Obtain two recent passport-sized photographs meeting USCIS requirements.
5. Check Fee Payment: Review the current filing fees for both Form I-821D and Form I-765 and ensure correct payment.
6. Mail the Application: Submit the completed forms, supporting documents, and fee payment to the appropriate USCIS address.
7. Await Receipt Notice: USCIS will issue a receipt notice confirming the submission of your application.
8. Biometric Appointment: Attend a biometric appointment at a local USCIS Application Support Center if required.
9. Work Authorization: If approved, USCIS will issue an Employment Authorization Document (EAD) allowing you to work legally in the US.
10. DACA Approval: USCIS will make a decision on your DACA request, and if approved, you will receive a DACA approval notice valid for a specific period, subject to renewal.
Note: It is crucial to follow the most up-to-date instructions and guidelines from USCIS when applying for DACA, as the process and requirements may change over time. For more detailed information, always refer to the official USCIS website or consult with an immigration attorney for personalized guidance.
DACA renewal
DACA recipients can apply for renewal if they meet certain criteria, including:
- DACA status has not expired.
- Continuous residence in the US since the last DACA approval.
- No departure from the US on or after August 15, 2012, without obtaining advance parole.
- No felony convictions, significant misdemeanors, or three or more misdemeanors.
- No threat to national security or public safety.
- The renewal process involves completing Form I-821D, submitting it to USCIS with the correct fee, attending a biometric appointment if required, and awaiting USCIS’s decision.
Is DACA still active in 2023?
As of 2023, DACA remains active despite facing legal challenges. Multiple court decisions have supported its continuation, ensuring the program remains in place.
How can you get a green card through DACA
DACA does not provide a direct pathway to a Green Card. However, alternative routes such as employment-based sponsorship or family-based sponsorship may offer opportunities to apply for a Green Card. It is important to consult with an immigration attorney or explore the official USCIS guidelines for detailed information on pursuing permanent residency.
Conclusion
DACA continues to provide essential relief and opportunities for eligible Dreamers, impacting their lives positively. It’s crucial for potential applicants and current DACA recipients to stay informed about program updates and follow the latest USCIS guidelines or contact an attorney during the application and renewal processes.
Frequently Asked Questions on DACA
Q1. In view of the fifth circuit ruling, what is the present situation?
The government is still collecting and deciding on renewal applications for people who presently have DACA as well as those whose prior DACA permit expired less than a year ago because the Fifth Circuit upheld the district court’s partial stay of its own order. First-time DACA applications are still being accepted by the government, but they are NOT being processed. People whose previous DACA grants expired more than a year ago can still file renewal applications, but the government is NOT processing them at this time. Current DACA recipients continue to be eligible for advance parole.
Q2. What should first-time DACA applicants do?
As of now, there are no changes in the DACA program since July of 2021, other than USCIS now accepting DACA renewal applications electronically.
Q3. I have already sent in my application. What will happen next?
The application will not be granted. On July 27, 2021, USCIS advised they will be putting these applications “on hold” and will NOT be refunding application fees or rejecting applications.
Q4. If the applicant’s first-time DACA application was granted before July 16, 2021. Will there be any change?
No, your DACA and work permit remains valid. You can use your work permit and you are entitled to a Social Security number and could be eligible for other benefits.
Q5. When can an applicant renew their DACA?
USCIS encourages renewals to be filed between 120 and 150 days prior to the expiration of your DACA. However, USCIS will accept your application before 150 days but will not process it until 150 days before your DACA expires. If your DACA expires in the next few months, the applicants should renew it as soon as possible.
Q6. What if my DACA expired more than one year ago?
USCIS is not granting applications for previous DACA holders whose DACA lapsed for over one year. You may still file an application, but it will not be approved unless the government changes its current practice.