What is a Deferred Action for Childhood Arrivals (DACA)?

What is a Deferred Action for Childhood Arrivals (DACA)? DACA, which means Deferred Action for Childhood Arrivals, is a policy that protects thousands of young people who are called “DREAMers” because entered the United States unlawfully as children. The program does not grant them official legal status or concrete possibilities of citizenship, but it does allow them to apply for a driver’s license, social security number, and work permit.

The program was created by President Barack Obama in 2012, but ins 2020, a federal judge ruled that first-time DACA applicants were permitted to apply but the Trump administration stopped accepting new applications. He also changed the renewal period to two years, from one year.

What is the Deferred Action for Childhood Arrivals Act?

Moreover, in July 2021, a federal judge ruled that DACA applicants were barred from applying to the program. According to USCIS confirmation that all individuals whose DACA requests were approved prior to July 16, 2021, will continue to have DACA status and all DACA requests that were approved before July 16 will continue to be eligible to renew DACA and DACA work permits. The Department of Homeland Security (DHS) will also continue to accept the filing of initial DACA and employment authorization requests.

What is immigration Deferred Action?

According to USCIS rules, if you intend to apply for DACA for the first time, you will need to Complete Form I-821D (officially called “Consideration of Deferred Action for Childhood Arrivals”) and Form I-765 (officially called “Application for Employment Authorization Document”)

Mail USCIS the forms and fees (currently $495, which includes $85 for biometrics)

Set up and attend a biometrics appointment at a local USCIS Application Support Center and provide the following documents:

• Proof of identity:  This could be in the form of a passport, birth certificate, state-issued photo ID, military ID, or school ID;
• Proof you came to the United States before age 16: This could include a copy of your passport with a stamp, your Form I-94, any INS documents with date of entry, travel records, school records, hospital or medical records, and official religious ceremony documents
• Proof of established residence prior to age 16, if you left the U.S. and returned later: Acceptable documents include school records, employment records, tax returns, bank letters, or verification of employment;
• Proof of residency since June 2007: This could include payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies;
• Documents to prove any absences from the U.S. since 2007 were brief, casual, and innocent: Acceptable documents include a plane ticket, passport entries, hotel receipts, or evidence of travel intent
• Proof of presence in the U.S. on June 15, 2012: This could include rent payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies;
• Proof of no lawful status on June 15, 2012: Form I-94 with an expiration date, the final order of removal or deportation as of June 15, 2012, or a Department of Homeland Security (DHS) document about removal proceedings;
• Proof of current education, graduation, G.E.D., or military service: Acceptable documents include current enrollment in elementary, middle, high school, or home school; education or literacy program, GED program, college/university/community college, diplomas, transcripts showing graduation date, and/or dates of enrollment;
• Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records or health records;
• Proof of removal proceedings: Copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA);
• Proof of Criminal history: Official statement from arresting agency that no charges were filed, or if charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident; an original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction;

According to USCIS rules, the individuals must fit the following DACA requirements:

• Entered the United States unlawfully prior to their 16th birthday
• Have lived continuously in the United States since June 15, 2007
• Were under age 31 on June 15, 2012 (born on June 16, 1981 or after);
• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with U.S. Citizenship and Immigration Services (USCIS);
• Had no lawful status on June 15, 2012;
• Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school;
• Have not been convicted of a felony or a serious misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety;

Immigrants up to the age of 31 can file for the protections and opportunities this program offers.

Are DACA recipients U.S. citizens or lawful permanent residents?

DACA recipients are not U.S. citizens or lawful permanent residents. The program does not grant them official legal status or a pathway to citizenship. However, a DACA recipient may be eligible for a marriage green card in some cases.

Are DACA recipients able to travel?

DACA recipients can apply for authorization to travel outside the United States. Known as Advance Parole, this document allows DACA recipients to travel abroad only for employment, educational, or humanitarian purposes. USCIS does not consider travel for vacation a valid purpose.

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