Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that provides temporary relief from deportation and work authorization to certain undocumented individuals who arrived in the United States as children. Established in 2012, DACA does not confer lawful status but allows recipients to live and work in the U.S. without fear of removal for renewable two-year periods.
Eligibility Criteria
To be considered for DACA, applicants must meet specific requirements:
- Age at Arrival: Entered the U.S. before turning 16.
- Continuous Residence: Have resided continuously in the U.S. since June 15, 2007.
- Education or Military Service: Currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
- Criminal Background: Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.
Application Process
Eligible individuals must submit the following forms to U.S. Citizenship and Immigration Services (USCIS):
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
- Form I-765: Application for Employment Authorization.
- Form I-765WS: Worksheet establishing economic necessity for employment.
Applicants are required to provide supporting documentation to verify their eligibility and pay the associated fees. It’s advisable to consult with an immigration attorney or accredited representative to ensure an accurate and complete submission.
Renewal Process
DACA recipients must renew their status every two years. USCIS recommends submitting renewal requests 120 to 150 days before the current DACA expiration date to avoid lapses in status or work authorization. The renewal process involves submitting the same forms as the initial application, along with updated information and fees.
Recent Legal Developments
DACA has faced various legal challenges affecting its implementation:
- July 16, 2021: A U.S. District Court in Texas ruled the DACA policy unlawful, halting the approval of new applications but allowing renewals for existing recipients to continue.
- October 31, 2022: The Department of Homeland Security implemented a final rule to preserve and fortify DACA, aiming to solidify the program amid ongoing litigation.
- September 13, 2023: The U.S. District Court for the Southern District of Texas expanded the previous injunction to cover the DACA final rule but maintained a partial stay for current recipients, allowing existing DACA grants and related Employment Authorization Documents to remain valid until expiration.
Conclusion
DACA provides essential protections and opportunities for individuals who arrived in the U.S. as children. Understanding the eligibility criteria, application and renewal processes, and staying updated on legal developments are vital for those affected. Consulting with an experienced immigration lawyer can help navigate this complex area and ensure compliance with current regulations.
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If you have questions regarding DACA, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
