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An Overview of Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that was established over a decade ago during the Obama Administration. Though it has faced challenges along the way, the DACA program is currently in effect as of spring 2023. Its primary goal is to protect eligible undocumented immigrants from deportation. Here are key benefits of DACA:

1. Protection from deportation for individuals who arrived in the United States as children.
2. Provision of temporary immigration relief to recipients.
3. Granting recipients, the opportunity to live, work, and study legally in the country.

DACA recipients, commonly referred to as “Dreamers,” are granted a renewable two-year period of deferred action, allowing them to obtain work permits and access various benefits.

Understanding Eligibility for DACA

It is important to note that not every undocumented immigrant in the United States is eligible for immigration relief through the Deferred Action for Childhood Arrivals (DACA) program. To qualify for DACA, applicants must fulfill specific requirements set by the United States Citizenship and Immigration Services (USCIS). Here is a comprehensive overview of the DACA eligibility criteria:

• Age at Arrival: Applicants must have arrived in the United States before turning 16 years old. Individuals who arrived at an older age are not eligible for DACA protections.
• Continuous Residence: To qualify for DACA benefits, an applicant should have continuously resided in the U.S. since June 15, 2007, up to the present time.
• Physical Presence: Applicants must have been physically present in the U.S. on June 15, 2012, and at the time of submitting their DACA application.
• Education: Applicants must be currently enrolled in school, possess a high school diploma or GED certificate, or be honorably discharged veterans of the U.S. Armed Forces or Coast Guard.
• Lack of Criminal Record: Eligible applicants should not have been convicted of a felony, serious misdemeanor, or multiple minor offenses. Additionally, they should not pose a threat to national security or public safety, as a criminal record can render a person ineligible for DACA protections.
• Biographic and Biometric Information: Applicants must provide their biographic information, submit biometric data (including fingerprints), and undergo a background check.

DACA has Been the Subject of Extensive Litigation (Final Rule October 2022)

Since its establishment in 2012, the Deferred Action for Childhood Arrivals (DACA) program has been the subject of extensive litigation in the United States. DACA allows undocumented individuals who came to the US as children to receive protection from deportation and work authorization for renewable two-year periods. The program has faced legal challenges from opponents who argue that it exceeds the scope of executive authority and is unconstitutional. Consequently, DACA has been involved in several legal battles in federal courts, with the most recent being a 2020 Supreme Court ruling that upheld the program’s validity. In October 2022, the Department of Homeland Security (DHS) issued a ‘Final Rule’ to protect and fortify DACA.

What to Know About DACA Renewals

If you are a recipient of Deferred Action for Childhood Arrivals (DACA) and wish to maintain your status and benefits, it is crucial to renew your DACA. The DACA program does not grant permanent legal status; rather, it provides temporary relief from deportation and work authorization for a specific period, typically two years. To continue receiving these protections and work authorization, DACA recipients must go through the renewal process before their current DACA status expires. It is essential to submit your renewal application within the designated time frame. As a general rule, a recipient should submit their DACA renewal between 120 and 145 days before their current DACA rights expire.