The Deferred Action for Childhood Arrivals (DACA) program has improved the lives of children and families for more than a decade, impacting nearly one million children. Although the program has been legally challenged in court, it still remains active today, protecting immigrant children who grew up in the United States. Children can have permanent residency in the United States and a potential pathway to citizenship in the future. Contact an immigration lawyer to learn more about DACA and its requirements.
What Is DACA?
DACA started in 2012, and it applies to people who were in the United States as children before then. Anyone who arrived in the United States after DACA began is not eligible for participation. DACA is a set of principles that apply to prosecutors who may otherwise seek to remove immigrant children from the country.
The federal government has established rules governing the program, how to apply, and how immigration officials will consider applications. You must file an application to request these protections, which must be approved by the United States Customs and Immigration Service (USCIS).
DACA provides temporary protection against deportation for eligible individuals who came to the United States as children. Under DACA, applicants are granted a period of deferred action, which allows them to live and work in the country legally. This protection shields them from immediate removal and provides a sense of stability in their lives.
DACA offers vital protection from deportation for eligible individuals who came to the United States as children. While it is not a permanent solution, DACA recipients can benefit from the temporary relief it provides. DACA recipients should seek the assistance of a qualified immigration attorney to fully understand their rights, maintain their eligibility, and get through the immigration process.
Legal Requirements for the DACA Program
DACA protects children of immigrants from deportation. The long list of criteria that applicants must meet to qualify for these protections includes:
- They were under the age of 31 in 2012 and arrived in the United States before their 16th birthday.
- They have continuously lived in the United States since 2007, right up to the time when they filed their application.
- They were physically present in the United States in 2012 or when they filed their application.
- They must be enrolled in school, have graduated from high school, received a GED, or be honorably discharged veterans.
- They have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors and do not otherwise pose a threat to national security or public safety.
You need to be approved to receive protection under DACA. To gain this approval, you must submit extensive documentation to USCIS, and it is not always easy to assemble all the information the government needs. You must complete numerous forms and submit other evidence that shows you meet the requirements of DACA. You need to prove that you meet each of the following requirements above, and it can be difficult to assemble all of this evidence to the satisfaction of USCIS. You may need to submit physical evidence, affidavits, and certifications that attest to your status.
If your application for DACA is approved, it will have far-reaching consequences in your life, changing it for the better. You can no longer be subject to deportation for being in the country illegally (although you may still be deported for other reasons, such as conviction of certain crimes). Then, you will also have a work permit that allows you to be legally employed in the United States. Essentially, receiving protection under DACA gives you many of the same rights as a green card holder, even if you are not formally given that status.
You Are Not Guaranteed to Receive Protection Under DACA
While a majority of the people who apply for DACA protections see their application approved, it is never a certainty. USCIS can strictly interpret the DACA requirements. They may not feel the applicant has provided enough proof to show they qualify for protection. Alternatively, the applicant may have a criminal history, or the officer believes they are a threat to the country. Since DACA is not a program instituted by a statute, nothing says that you have the right to appeal a denial of your application. In fact, there are no appeal rights, making it even more critical that you focus intently on your initial application. You only get one chance to put your most effective foot forward to USCIS.
Keep Track of the Shifting Regulatory Landscape
The United States Supreme Court narrowly upheld DACA when it was subject to a legal challenge. There may be further legal challenges to the program based on a change in presidential administrations and the composition of the Supreme Court. If you have not yet applied for DACA, you must do so now.
In addition, USCIS does not always accept new applications for the DACA program. While they may review applications they have already received, USCIS sometimes puts a halt to accepting applications. You should check with an immigration law attorney to learn up-to-date information about DACA and the current environment before applying to USCIS.
Why You Need an Immigration Attorney for Your DACA Application and Case
Since not every single DACA application is cut-and-dry, it is helpful to have advice from an immigration attorney who deals with USCIS on a daily basis. An immigration lawyer is familiar with DACA program requirements, and they can give you advice that is tailored to your specific situation. If your DACA application is denied, there may be other potential pathways toward remaining in the United States, and an immigration law attorney can help review your options. In the meantime, they can assist you in preparing your DACA application and compiling the evidence you need to persuade USCIS to approve your request.
If your request has been rejected for more technical reasons, USCIS may allow you to submit it again for consideration after fixing any issues with your application. You should certainly not take any chances of a further denial, so you should definitely have an immigration lawyer review your application and resubmit it for the best opportunity of a favorable outcome.