DACA aka Deferred Action for Childhood Arrivals is an immigration policy initiated by Obama on the 15th of June, 2012. It shields and provides a legal solution to immigrants under the age of 16 and are living undetected in the United States. From 15th of August 2012, eligible persons could commence filing applications for this program. In a bid to strengthen and protect DACA, the Biden Administration published the DACA Rule through the Department of Homeland Security (DHS) on the 30th of August, 2022.
DHS is the sole authority responsible for DACA benefits. Approved applicants who have undergone DACA can, on legal stage, apply to be permitted to work in the US, regardless of whether applied for or are on removal proceedings. Upon receipt of DACA, an individual is granted a permit to be temporarily and conditionally non-removed from the US. There do exist rules of DACA that stress the need for awareness as it does not allow continuous citizenship for the holder.
Such applicants willing to undertake DACA will have to fulfill the following requirements.
– If the applicants are born on or after June 16, 1981, they should not be older than 31 years as of June 15, 2012.
– They must also be below 16 years upon their arrival to US.
– This condition does not disqualify applicants: Short humanitarian absences during their absence, from June 15, 2007 to the present, any in the U.S has been maintained without interruption.
– If they did not enter the U.S. by June 15, 2012 using any inspection, or lawful visa status were violated.
– All statuses permitted after June 15, 2012 are not applicable for DACA if terminated before application.
– All applicants must be currently residing in the U.S at the time of application and also on June 15, 2012.
– All applicants must either still be in school, or graduated high school, or cared for honorably discharged from the armed forces or Coast Guard, or obtained a GED.
– Have been clean of all threats against national or public security having been convicted by felony, significant misdemeanor, or three or more misdemeanors.
In order to meet the required criteria, candidates must arrange for adequate documentation. In addition, they are also expected to clear an aggregate of biographic and biometric background checks during his or her initial DACA application or application renewal.
Special Considerations
1. Criminal Convictions
For some serious crimes, a person may be ineligible for DACA or have their status renewed. This encompasses DUI offenses and domestic violence as felonies and misdemeanors, or even thesecurity offenses related to either armed conflicts or international terrorism. Lacking a fixed term sentence for 90 days in custody alongside immigration detention also serves as justification for denial.
2. Age Requirements
Anyone wishing to renew or be considered for DACA must be at least 15 years of age. However, those subject to removal or are under deportation proceedings are exceptions, as they can apply for it at a younger age. It should also be noted that there is a cut-off age in which people who are over 31 years old, as of June 15, 2012, do not qualify for the DACA program.
3. Educational Requirements
Proof of enrollment, provided that they must not be enrolled in school at the time of application, is a requirement for DACA. The minimum criteria includes public/private institutions, vocational schools, and even aforementionpreparedness schools. The application may stand out more if supporting documents from government and nonprofit enterprises are added.
In determining how well the program meets its goals, USCIS looks at the program’s length and how well the constituents placed in education/work. So when applying for DACA, especially to renew a USCIS or new application, an applicant needs to articulate the reason behind the program’s merit.
4. Residence Without Interruption and Minor Exits
As a core element in achieving DACA, residents are required to continuously reside in the U.S from June 15 2007. If such short absences have occurred for valid and legal reasons, applicants can still be eligible provided they meet some criteria. These criteria include the purposes of the absences falling under the US law and not emanating from deportation orders or infraction of other laws.
DACA and Other Immigration Options
It is true that each time DACA is reported on or written about the temporary nature is emphasized, however, an applicant may seek other options as well such our investment based immigration options suchs as EB5 which utilize visas. On the other hand, while it is possible to seek options like DACA, there is no such direct route to E85, permanent residency, or even citizenship.
As existing beneficiaries and prospective applicants, it is important to stay updated with recent changes regarding DACA, policies, and new proposals. Whether you are new and haven’t gone through the process of applying or have gone through the DACA online renewal, it is essential to know the eligibility, requirement, and other possible options.
Application and Filing Fee for DACA
All Deferred Action for Childhood Arrivals (DACA) applications are directed to USCIS and must be made through Form I-821D. This applies even under circumstances during which an applicant is under removal proceedings or has been served with a removal order. Individuals in detention are required to commence the application process by notifying their detainment officer.
Application Forms and Required Forms
DACA applicants need to ensure that they complete the indicated document, sign, and provide all relevant evidentiary documents. Otherwise, their applications will be considered incomplete:
– Form I-821D: Application for Temporary Protected Status.
– Form I-765: Application for Employment Authorization Document (EAD).
– Form I-765WS: Economic need supplement for EAD applicants.
It is important to have and submit documents to help establish an applicant’s age, residence within the United States, schooling, and or service in the military as these are but a few of the stipulations each applicant will have to meet in order to qualify for DACA. Evidence supporting the physical presence requirement is also needed for the DACA immigration program; as a best practice, even one proof for each month would be ideal. It’s also crucial to check the most up-to-date application fees on the USCIS website to ensure that you don’t leave any blunders on the submission.
Advanced Parole for DACA Holders
DACA holders are only permitted to go abroad if advanced parole is obtained before leaving the country. If they leave the country without the permit, they will not be able to return. Presently, the advanced parole is only being given out on a case by case basis, so recipients are advised to speak to a migration representative first before planning to leave the borders of the United States.
DACA recipients as a general rule must also refrain from moving to Alaska, Hawaii or the US island dependencies because of stringent measures taken by the Customs Border Protection (CBP) which may treat those trips as outland journeys. Even with the advanced parole, CBP inspection on return could result in being blocked from entering.
Current Status of DACA
DACA is currently facing challenges as the District Court for the Southern District of Texas voted against it on the 13th day of September, Two Thousand and Twenty-Three. Even so, the judge allowed the case to be appealed while keeping the renewals for DACA active.
The matter is likely to be heard by the Fifth Circuit Court of Appeals and from there could be advanced to the Supreme Court. There is a likelihood that the case concerning DACA may take final form by the month of May or June in 2025. Once again it is not improbable to assume that the Supreme Court may agree with the decision of the District Court which may lead to the termination of the program. This highlights the importance of Congress making provisions to permanently protect DACA holders, youth who are eligible for DACA, and young undocumented people.
Important Instructions to Current DACA Holders as Well as Prospects:
1. Renewals:
– DACA renewals and Employment Authorizations Document (EAD) applications are still being processed by the Department of Homeland Security (DHS) for people currently DACA status.
– There are good prospects of renewals for those who apply for DACA within the expiry period of a year. It is strongly recommended that individuals file for renewal before the Fifth Circuit decides, as a change may occur afterwards.
– The fee charged for all DACA renewals, as of this publication, continues to be $495.
2. First-Time Applications:
– All eligible individuals who have DACA enable, but never applied for it are welcome to apply as the Department of Homeland Security is open to receiving but kindly note that these applications will be inactive because of the pending case.
3. DACA Renewal Process:
– To renew their permit, an applicant has to send a packet alongside a copy of their work permit.
– Further information on online submissions of the DACA application and renewals are provided on the official DACA website.
Impact of Pending Litigation
What lies ahead for DACA is still a lot murkier. Most updated information such as DACA news, or DACA immigration policy litigation outcomes will always be available here DACA Litigation Webpage. One remains well-informed as the case moves.
Broader Immigration Issues
DACA is limited in its scope and benefits. There should be an enabling comprehensive bilateral congressional legislation for Dreamers and DACA beneficiaries. Legal avenues for DACA holders, undocumented persons, and Childhood Arrivals are an important issue that must be addressed. Although these programs, such as the Visas EB5 and other immigration policy initiatives, demonstrate a variety of options available, they should not be regarded as a substitute for serious thorough reform.
The Immigration Equality Action Fund is among the many organizations advocating for such legislation and calls for the implementation of the frameworks that allow citizenship access to Dreamers. In the meantime, it is necessary to follow the DACA news, status of the DACA USCIS renewal as well as immigration fighting reforms.
