Deferred Action for Childhood Arrivals (DACA)

In the previous blog we learned about Immigration to the United States. Exploring that further, this blog will highlight key information about Deferred Action for Child Arrivals (DACA) – a policy which allows young immigrants to stay in U.S., who don’t have lawful immigration status and who came to the United States as children.

Immigrants may hire a professional and experienced Deferred Action Lawyer, to take care of legal responsibilities and request deferred action on their behalf.

What is Deferred Action?

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.”

What is Deferred Action for Childhood Arrivals (DACA)?

The Deferred Action for Child Arrivals (DACA) is not a law, but an act of "prosecutorial discretion" under the Obama administration; this began based on a memorandum from the Secretary of Homeland Security on June 15, 2012. DACA came after the failed attempt to pass the DREAM Act for undocumented immigrant children.

This policy allows certain young immigrants who do not have lawful immigration status, and who came to the United States as children, to remain in the U.S. temporarily without fear of deportation. It provides temporary relief from enforcement. The immigrants who can apply for deferred action under this policy are often called Dreamers. These immigrants may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Eligibility Criteria for Deferred Action

Individuals who meet the following criteria can apply for deferred action for childhood arrivals 

• Came to the United States before their 16th birthday.
• Were under age 31 on June 15, 2012.
• Have continuously resided in the United States between June 15, 2007 and up to the present.
• Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012.
• Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS.
• Are enrolled in school on the date of the request, graduated from high school, obtained a GED, or were honorably discharged from Coast Guard or the Armed Forces.
• Have not been convicted of a felony, a “significant” misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Requests for deferred action will only be considered for immigrants who are 15 or older, unless they are currently in removal proceedings or have a final order of removal or voluntary departure, in which case they may apply if they are under 15.

Procedure to Request Deferred Action

USCIS released the forms necessary to apply for DACA and individuals may submit the forms directly to the USCIS. Individuals may request deferred action by submitting a form and supporting documentation (school report cards, transcripts or military health and personnel records) to demonstrate their eligibility to USCIS.  Once USCIS receives the request, it will issue a receipt notice and schedule an appointment for the individual to have his or her fingerprints.

Note: Individuals who are currently in immigration detention are not eligible to request deferred action from USCIS. Such individuals should contact their deportation officer or the Immigration and Customs Enforcement (ICE).

Application Forms

• [Form I-821D] Application for Deferred Action for Childhood Arrivals
• [Form I-765] Application for Employment Authorization
• [Form I-765WS] Worksheet for Application for Employment Authorization
• Application processing fee

Supporting Documents

Proof of Identity:

• Passport or national identity document from your country of origin.
• Birth certificate with photo identification.
• School or military identification with photo.
• Any U.S. government immigration document or other document bearing your name and photo.

Proof you came to the U.S. before your 16th birthday:

• Passport with admission stamp.
• Form I-94/I-95/I-94W.
• School records from the U.S. schools you have attended.
• Any Immigration and Naturalization Services or DHS document stating your date of entry [Form I-862, Notice to Appear].
• Travel records. 
• Hospital or medical records.

Proof of immigration status:

• Form I-94/I-95/I-94W with authorized stay expiration date. 
• Final order of exclusion, deportation, or removal issued as of June 15, 2012.
• A charging documentation placing you into removal proceedings. 

Proof you continuously resided in the U.S. since June 15, 2007 up to the time of filing your application:

• Employment records. (Pay stubs, W-2 Forms, etc.) 
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Birth Certificate of U.S.C. children
• Deeds, mortgages, rental agreement contracts

Proof of your Student Status at the time of Requesting Consideration of Deferred Action for Childhood Arrivals:

• School records (transcripts, report cards, etc.) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
• U.S. High School Diploma or Certificate of Completion
• U.S. GED Certificate

Individuals may also visit USCIS website to download deferred action form.

Benefits of Deferred Action

• You will be allowed to remain in the U.S. for two years without threat of deportation with possible renewal.
• Immigrants who are approved for DACA can get permission to legally work in the U.S. for two years, with possible renewal. 
• With a work permit, you can get a Social Security Number.
• On the bases of Social Security Number you can apply for a driver license. Check with your State authorities regarding procedures governing driver permits. State policies regarding issuance of driver’s licenses are determined by each State.
• During the period of deferred action you will not accrue unlawful presence in the U.S.
• You may be able to pay in state tuition rates at public colleges and universities if you have a work permit and meet all other in state tuition eligibility requirements. This could differ from State to State. Check with your school of choice to determine whether a DACA non-resident tuition waiver is available.

This blog is written by 

Coleman Jackson, Esq. |  www.cjacksonlaw.com | 214-599-0431(English) | 214-599-0432 (Spanish)