DACA, or Deferred Action for Childhood Arrivals, is a critical immigration policy in the United States, established in 2012. For qualifying undocumented immigrants brought to the country as minors, it offers work permits and temporary protection from deportation. DACA recipients, often referred to as Dreamers, contribute significantly to American society, yet the program remains subject to legal and political debates. Understanding DACA’s implications is essential for comprehending contemporary U.S. immigration policy.
The History of DACA
In 2012, the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. The goal of this executive order was to temporarily offer protection to undocumented immigrants, sometimes known as “Dreamers,” who were brought to the country as minors. DACA allowed eligible individuals to receive protection from deportation and work authorization, renewable every two years, enabling them to contribute to American society without fear of removal.
Executive Action by President Obama
President Barack Obama implemented DACA through executive action following unsuccessful efforts to enact comprehensive immigration reform through Congress. The program was intended to address the uncertain legal status of hundreds of thousands of young immigrants who grew up in the U.S. and had deep ties to the country but lacked lawful immigration status due to circumstances beyond their control.
DACA’s Impact and Challenges
DACA had a profound impact on the lives of its recipients, allowing them to pursue education, employment, and other opportunities previously inaccessible to them. However, the program faced legal challenges and political opposition from critics who argued that it exceeded presidential authority and encouraged illegal immigration. Despite these challenges, DACA remained in effect, providing relief to its beneficiaries.
Attempts to Rescind DACA (2017)
In 2017, the Trump administration announced plans to rescind DACA, citing legal concerns and the need for Congress to address immigration policy through legislation. This decision sparked widespread backlash and legal challenges, leading to a series of court rulings that temporarily blocked the termination of the program and allowed existing DACA recipients to renew their protections.
Ongoing Legal and Political Battles
The future of DACA remains uncertain as legal and political battles continue. While the program continues to protect hundreds of thousands of young immigrants from deportation, its long-term viability depends on legislative action. Efforts to pass legislation providing permanent protections for Dreamers have faced obstacles in Congress, leaving DACA recipients and their supporters in a state of uncertainty regarding their futures.
Who Is Eligible to Apply for DACA?
Eligibility for the Deferred Action for Childhood Arrivals (DACA) program is based on specific criteria established by the U.S. government. Individuals must meet the following requirements to qualify for DACA:
- Age Requirement – Candidates had to be younger than thirty-one on June 15, 2012. When applying for DACA, individuals must also be at least 15 years old, unless they are already in the process of being removed or have a final removal or voluntary departure order.
- Arrival in the U.S. – Applicants must have arrived in the United States before reaching their 16th birthday and have continuously resided in the country since June 15, 2007.
- Residency Requirement – Applicants must have been physically present in the United States on June 15, 2012, and at the time of submitting their DACA application to USCIS.
- Educational or Military Status – Candidates must be enrolled full time in school, have completed their high school education or achieved a certificate of completion, have earned a general education development (GED) certificate, or be a veteran of the Coast Guard or the United States Armed Forces who was honorably retired.
- Criminal Background – Candidates cannot threaten public safety or national security, nor have they ever been convicted of a felony, serious misdemeanor, or three or more other misdemeanors.
- Continuous Presence and Physical Presence – Applicants must have continuously resided in the United States since June 15, 2007, and have been physically present in the country on June 15, 2012, and at the time of submitting their DACA application.
- Education or Military Service – Candidates must be enrolled in classes, have completed their high school education and earned a certificate of completion, have earned a GED, or be honorably discharged from the Coast Guard or the United States Armed Forces.
- Discretionary Approval – Approval of DACA applications is discretionary, meaning that meeting the eligibility criteria does not guarantee approval. Each application is reviewed on a case-by-case basis, and USCIS has the authority to deny applications based on various factors, including criminal history, national security concerns, and other discretionary factors.
How To Apply for DACA
Applying for Deferred Action for Childhood Arrivals (DACA) involves several steps and requires careful preparation. Here’s a general overview of the application process:
- Review Eligibility Criteria – Before applying, carefully review the eligibility criteria outlined by U.S. Citizenship and Immigration Services (USCIS) to ensure you meet all requirements.
- Gather Required Documents – Gather the paperwork you’ll need to submit your DACA application, including proof of identity, age, arrival in the United States, continuous residence, education, and military service (if applicable). Examples of documents may include a birth certificate, passport, school records, and immigration-related documents.
- Complete Form I-821D – Fill out Form I-821D, Consideration of Deferred Action for Childhood Arrivals, accurately and completely. This form serves as the primary application for DACA and includes biographical information, details about your immigration history, and other required information.
- Complete Form I-765 – Additionally, complete Form I-765, Application for Employment Authorization, which allows you to request work authorization as part of your DACA application.
- Complete Form I-765WS – Fill out Form I-765WS, Form I-765 Worksheet, which helps USCIS determine your economic need for employment authorization.
- Prepare Supporting Documents – Compile the supporting documents required for your DACA application, including copies of identity documents, evidence of arrival and continuous residence in the United States, proof of education or military service, and any other supporting evidence.
- Submit Application Package – Prepare your DACA application package by assembling all completed forms and supporting documents. Ensure you include the correct filing fees, payable to the U.S. Department of Homeland Security.
- Mail Application to USCIS – Mail your DACA application package to the appropriate USCIS Lockbox facility based on your residence. Be sure to use a trackable delivery method and retain proof of mailing for your records.
- Attend Biometrics Appointment (if required) – If USCIS schedules a biometrics appointment to collect your fingerprints, photograph, and signature, attend the appointment at the designated Application Support Center (ASC).
- Await USCIS Decision – After USCIS receives your DACA application, they will review it and may request additional evidence or information if needed. Once a decision is made, USCIS will notify you by mail.
- Renew DACA as Needed – If your DACA application is approved, your deferred action and work authorization will be valid for a specified period. Before your DACA expires, you can apply to renew your deferred action and work authorization by submitting a renewal application to USCIS.
It’s essential to carefully follow USCIS instructions and deadlines throughout the DACA application process to ensure a smooth and successful application. Consider seeking assistance from qualified immigration attorneys or accredited representatives if you encounter challenges or have questions about your DACA application.
What Is the Current Status of DACA?
As of 2024, the current status of the Deferred Action for Childhood Arrivals (DACA) program remains subject to ongoing legal and political developments. While DACA continues to provide temporary relief from deportation and work authorization for eligible undocumented immigrants who were brought to the United States as children, its future remains uncertain due to various factors:
- Legal Challenges – DACA has faced numerous legal challenges since its inception, including attempts to rescind the program by the Trump administration in 2017. While court rulings have temporarily blocked the termination of DACA and allowed existing recipients to renew their protections, the program’s long-term viability remains uncertain pending further legal proceedings.
- Legislative Efforts – Efforts to pass legislation providing permanent protections for DACA recipients, often referred to as Dreamers, have faced obstacles in Congress. While there is bipartisan support for protecting Dreamers, disagreements over immigration policy and broader reform efforts have hindered legislative progress.
- Executive Action – The Biden administration has expressed support for DACA and has taken steps to preserve and strengthen the program. President Biden signed an executive order in 2021 directing the Department of Homeland Security to take actions to preserve and fortify DACA, including exploring options for providing permanent relief to DACA recipients.
- Future Uncertainty – Despite efforts to uphold DACA and provide relief to Dreamers, the program’s future remains uncertain. Legal challenges, legislative gridlock, and shifting political dynamics could impact DACA’s stability and the protections it provides to eligible individuals.
While DACA continues to offer temporary protection and work authorization to eligible immigrants, its future hinges on legal, legislative, and political developments that may unfold in the coming years. DACA recipients and advocates continue to advocate for a permanent solution that provides certainty and stability for Dreamers and their families.
DACA Explained
Deferred Action for Childhood Arrivals, or DACA, is a crucial program that offers qualified undocumented immigrants who were brought to the US as minors temporary protection from deportation and work permission. Despite ongoing legal and political challenges, DACA remains a vital lifeline for Dreamers, highlighting the complexities and uncertainties surrounding immigration policy in the United States.