DACA

DACA and its current status

Introduction to DACA

The Deferred Action for Childhood Arrivals (DACA) program is an immigration policy in the United States that provides temporary protection from deportation and work authorization to eligible undocumented immigrants who came to the U.S. as children. Established in 2012 by an executive order, DACA has allowed hundreds of thousands of young people, often referred to as "Dreamers," to live, work, and study in the U.S. without fear of deportation. However, navigating the process to obtain DACA can be complex, and the program's status has been subject to legal challenges and policy changes.

Eligibility Criteria for DACA

To be eligible for DACA, applicants must meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS):

1. Arrival in the U.S. before the Age of 16: Applicants must have arrived in the U.S. before their 16th birthday.
2. Continuous Residence: Applicants must have continuously resided in the U.S. since June 15, 2007.
3. Presence in the U.S. on June 15, 2012: Applicants must have been physically present in the U.S. on June 15, 2012, and at the time of applying for DACA.
4. Educational and Military Requirements: Applicants must be currently in school, have graduated from high school, obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces.
5. No Criminal Record: Applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety.

The DACA Application Process

The process of obtaining DACA involves several steps, each requiring careful attention to detail to ensure a successful application.

1. Gathering Necessary Documents: Applicants need to collect documents that prove their identity, age, and continuous residence in the U.S. These may include passports, birth certificates, school records, medical records, and employment records.

• Completing USCIS Forms: Applicants must complete and submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet). These forms require detailed personal information and explanations of how the applicant meets the eligibility criteria.

• Paying the Fees: Applicants must pay the application fee and the biometrics fee. Fee waivers are generally not available, so applicants should be prepared to cover this cost.

• Submitting the Application: Once all forms are completed and documents are gathered, the application packet must be submitted to the appropriate USCIS lockbox facility. It is crucial to double-check all materials for accuracy and completeness before submission.

• Biometrics Appointment: After the application is received, USCIS will schedule a biometrics appointment where applicants will provide fingerprints, photographs, and signatures. This is a routine part of the application process and is used for background checks.

• Waiting for a Decision: After the biometrics appointment, USCIS will review the application and conduct background checks. This process can take several months. Applicants will receive a notification by mail about the decision on their application. If approved, they will receive a work permit and deferred action status, which must be renewed every two years.

Current Status of DACA

The DACA program has faced numerous legal and political challenges since its inception. Here is an overview of its current status:

1. Legal Battles: DACA has been the subject of multiple lawsuits and executive actions. The U.S. Supreme Court, in a June 2020 decision, blocked an attempt to end DACA, allowing current recipients to renew their status but leaving the program's future unresolved.

• Ongoing Legislative Efforts: Various bills have been introduced in Congress to provide permanent protections for DACA recipients. While there is broad public support for such measures, political disagreements have prevented their passage. Advocates continue to push for comprehensive immigration reform that includes protections for Dreamers.

• Renewal and Initial Applications: As of now, USCIS continues to accept DACA renewal applications. However, the acceptance of new, initial DACA applications has been subject to court orders and currently it’s not possible to submit an initial application for DACA. Prospective applicants should stay informed about the latest developments and seek legal advice to understand their options.

The process of obtaining DACA involves meeting specific eligibility criteria, gathering necessary documentation, and navigating a detailed application process. While the program has provided vital protections and opportunities for many young immigrants, its future remains uncertain due to ongoing legal and political challenges. It is essential for current and prospective DACA recipients to stay informed about policy changes and seek assistance from qualified immigration attorneys to ensure their rights and status are protected.

For those looking to apply for or renew their DACA status, consulting with an experienced immigration law firm can provide invaluable guidance and support. By understanding the process and staying updated on the current status of DACA, applicants can better prepare themselves to take advantage of this critical program and continue to contribute to the diverse and dynamic fabric of the United States.

Contact us today for a consultation and let us assist you and explore if there are other immigration benefits for which you may be eligible.