Chapter 26 Deferred Action for Childhood Arrivals (daca)

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 26 Deferred Action for Childhood Arrivals (DACA)

A. Do You Qualify for DACA?

B. Who Is Not Eligible for DACA

C. Risks and Downsides to Applying for DACA

1. DACA Offers No Long-Term Benefits
2. DACA Requires Sharing Personal Information That Could Later Lead to Deportation
3. You Must Have Permission to Return to the U.S. If You Leave

D. Who Shouldn't Apply for DACA

1. Don't Apply If You Have an Incident of Fraud in Your Past
2. Don't Apply If You Have Committed Serious Immigration Offenses3
3. Don't Apply If You Have a Criminal Record
4. Don't Apply If You Could Be Viewed as a Public Safety or National Security Threat

E. How to Apply for DACA

1. DACA Application Forms
2. Preparing Documents in Support of DACA Application
3. Renewing Your DACA Status

The Obama administration, via an executive order issued in 2012, created a remedy for young immigrants who have no legal status. Called "Deferred Action for Childhood Arrivals" or "DACA," it allowed noncitizens who were brought to the U.S. as children and who met other legal requirements (described below) to apply for two years' protection from deportation (removal), as well as a work permit. Another benefit was that a DACA recipient stopped accruing "unlawful presence" (relevant if you might ever apply for a visa or green card, as described in Chapter 4).

DACA did not confer amnesty, a green card, or U.S. citizenship. It was meant as a stopgap, until Congress could pass actual legislation. U.S. immigration authorities were directed to exercise their discretion and decline to deport an otherwise removable person who met the legal criteria.

Family members of the applicant could not claim a work permit or any other derivative rights to deferred action status. President Obama's expectation was that Congress would eventually implement a more permanent solution, but Congress failed to do so.

Then the Trump administration took office, and attempted to end the DACA program. Nevertheless, lawsuits and subsequent court decisions allowed people who'd been granted DACA to at least renew their protection during Trump's years in office.

The 2020 election of Joe Biden offered hope of a long-term solution for DACA. A short window opened up, during which initial DACA applications were invited. Unfortunately, federal court decisions in Texas have maintained the renewal-only landscape. What's more, USCIS won't grant renewal to anyone whose DACA expired more than a year before they applied.

Clearly, the DACA landscape is unsettled. We include in this book an explanation of how someone can apply for DACA for the first time (in case that possibility reopens) and how to maintain eligibility for and renew DACA status if you already have it, based on the program in its original form. Check www.nolo.com for updates on DACA rules and application procedures, or regarding any DACA replacement that Congress might eventually pass.

A. Do You Qualify for DACA?

The basic requirements to be eligible for DACA are that you:

• had not yet turned age 16 when you came to the U.S. to live

• were, on June 15, 2012, under the age of 31 (that is, you were born after June 15, 1981)
• have continuously lived ("resided") in the U.S. since June 15, 2007, up to the time of your application (excluding any brief, casual, and innocent departures from the U.S.)
• were physically present in the U.S. on June 15, 2012, and are physically present in the U.S. on the day you file your application
• were unlawfully present in the U.S. on June 15, 2012
• are either in school now (unless absent for emergency reasons), have graduated or earned a certificate of completion from an accredited high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S., and
• have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and do not otherwise present a threat to U.S. national security or public safety (such as by being a member of a gang).

You will, when it comes time to apply, need to supply proof of each item...