DACA, which stands for Deferred Action for Childhood Arrivals (distinct from the discontinued DAPA program), is an immigration policy in the United States established in 2012 during the Obama administration. This policy enables certain undocumented immigrants who arrived in the country as minors and satisfy particular criteria to obtain a renewable two-year reprieve from deportation and eligibility for employment authorization.

Who qualifies for DACA?

Candidates must have been below the age of 31 by June 15, 2012, and arrived in the United States prior to turning 16. They must have continuously lived in the U.S. since June 15, 2007, and been physically present in the country on June 15, 2012, and when applying for DACA.

Furthermore, they must not have held lawful status on June 15, 2012. They must presently be enrolled in school, have graduated or received a high school completion certificate, earned a General Educational Development (GED) certificate, or be a discharged veteran of the Coast Guard or U.S. Armed Forces.

Lastly, 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.

How can one apply for DACA?

Navigating the process of applying for DACA may seem intimidating, but armed with the correct information and preparation, you can effectively complete the application steps. To initiate your application, you must gather the requisite documents, fill out the required forms, pay the application fee, and submit your application to USCIS.

Essential documents include proof of identity, evidence of arrival in the United States before turning 16, documentation of continuous residence since June 15, 2007, and proof of education or military service. Additionally, you’ll need to complete Forms I-821D, I-765, and I-765WS.

Following the submission of your application, you’ll attend a biometrics appointment and await a decision from USCIS. While processing times vary, you can anticipate receiving a decision within several months.

Advantages and Restrictions of DACA

DACA beneficiaries, commonly known as “Dreamers,” are granted temporary relief from deportation and are entitled to obtain a work permit. Furthermore, depending on their state of residence, DACA recipients may qualify for specific healthcare benefits. Some states have extended Medicaid coverage or offer state-funded health insurance schemes that encompass DACA recipients. Moreover, in certain states, DACA recipients may possess a firearm.

Additionally, DACA recipients have access to personal loans, educational tuition assistance, and, in specific situations, opportunities for homeownership.

However, DACA does not establish a pathway to citizenship or permanent legal residency in the United States. The policy must be renewed every two years, and its future remains uncertain due to ongoing political discussions and legal disputes. Additionally, DACA beneficiaries do not possess the right to vote in U.S. elections, as voting privileges are reserved exclusively for U.S. citizens.

It’s crucial to acknowledge that although DACA offers certain benefits and safeguards, it does not offer a comprehensive solution for Dreamers and their families. Numerous advocates persist in advocating for legislative measures that would secure a more enduring and stable status for DACA beneficiaries and other undocumented individuals who were brought to the United States as children.

Is it possible to renew DACA?

Indeed, DACA is renewable. As a current DACA beneficiary, you have the opportunity to renew your status every two years. Nonetheless, it’s essential to understand that the renewal procedure doesn’t occur automatically; you must proactively submit a renewal application to uphold your DACA status and employment authorization.

Is it possible for DACA recipients to travel outside the U.S.?

Advance Parole is a specialized travel permit allowing certain individuals, like DACA recipients, to leave and return to the United States legally. To apply, DACA beneficiaries submit Form I-131 for reasons such as education, work, or humanitarian purposes. If approved, it allows temporary departure without affecting DACA status. However, it’s important to note that re-entry isn’t guaranteed, and DACA recipients should assess risks before traveling. Due to the complex application process, consulting an immigration attorney before confirming travel plans is recommended.

Is it possible for DACA recipients to obtain green cards?

Although DACA does not directly lead to permanent residency (green card) or citizenship, certain DACA beneficiaries might qualify to apply for a green card through alternative routes, including family-based sponsorship, employment-based sponsorship, or special immigrant categories. Nevertheless, the process is intricate, and eligibility varies based on personal circumstances.

What lies ahead for DACA?

DACA has encountered various legal and political obstacles since its inception. In September 2017, the Trump administration declared its plans to dismantle the program, sparking a string of legal disputes. In June 2020, the Supreme Court rejected the Trump administration’s efforts to end DACA, preserving the program temporarily.

Nevertheless, the enduring fate of DACA remains ambiguous, as Congress has not enacted comprehensive immigration reform to resolve the situation of Dreamers. Numerous advocates contend that a lasting legislative remedy is necessary to ensure stability and protection for DACA beneficiaries and their families.

Wrap Up

DACA has offered temporary reprieve and avenues for advancement to hundreds of thousands of individuals who arrived in the United States as minors. Despite the uncertainty surrounding its future, DACA has prompted continued conversations regarding immigration reform and the imperative to tackle the status of undocumented immigrants in the United States.

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