In recent years, the Deferred Action for Childhood Arrivals (DACA) program has been a focal point of immigration discussions in the United States. Established in 2012, DACA provides temporary protection from deportation and work authorization to eligible undocumented immigrants who arrived in the U.S. as children. While DACA offers certain benefits, such as the ability to legally work in the U.S., it does not provide a pathway to citizenship or lawful permanent residency. Consequently, many DACA recipients may wonder whether they can obtain a U.S. passport. In this article, we’ll explore the nuances of this question and provide insights into the process.
Understanding DACA and Its Limitations
Before delving into the passport application process, it’s crucial to grasp the scope and limitations of DACA. While DACA allows eligible individuals to live and work in the United States without the constant fear of deportation, it does not confer lawful immigration status. DACA recipients are considered to be lawfully present in the U.S., but their status is temporary and subject to renewal every two years.
One of the key distinctions to understand is that DACA does not provide a pathway to citizenship or lawful permanent residency. It is a discretionary program that can be rescinded or modified by executive action, as seen in various legal challenges and policy changes in recent years. As such, DACA recipients are not eligible for certain federal benefits and privileges that are reserved for U.S. citizens or lawful permanent residents.
Can DACA Recipients Obtain a U.S. Passport?
The question of whether DACA recipients can obtain a U.S. passport is complex and multifaceted. At its core, a U.S. passport serves as proof of U.S. citizenship and is typically issued to U.S. citizens by the Department of State. Since DACA recipients are not U.S. citizens, they do not meet the primary eligibility requirement for obtaining a passport.
However, there are scenarios where DACA recipients may be eligible for a U.S. passport under specific circumstances. One such scenario involves individuals who obtained lawful permanent residency (green card) or derived citizenship through a parent or guardian after arriving in the U.S. as undocumented immigrants. In these cases, DACA recipients may be eligible to apply for a passport based on their status as lawful permanent residents or U.S. citizens.
Pathways to Passport Eligibility for DACA Recipients
While DACA recipients may not be eligible for a U.S. passport based solely on their DACA status, there are alternative pathways to passport eligibility that they can explore. These pathways often involve obtaining lawful permanent residency (LPR) or U.S. citizenship through other means. Here are some potential pathways DACA recipients may consider:
1. Adjustment of Status: DACA recipients who are eligible to apply for lawful permanent residency (green card) through family sponsorship, employment, or other qualifying categories can pursue adjustment of status. Once granted LPR status, individuals may be eligible to apply for a U.S. passport.
2. Marriage to a U.S. Citizen: DACA recipients who marry U.S. citizens may be eligible for immigration benefits, including the opportunity to apply for lawful permanent residency through marriage. Upon obtaining LPR status, individuals can apply for a U.S. passport as lawful permanent residents.
3. Military Service: Some DACA recipients may qualify for military service and may enlist in the U.S. Armed Forces through the Military Accessions Vital to the National Interest (MAVNI) program or other military recruitment programs. Military service may lead to expedited naturalization and citizenship, enabling individuals to apply for a U.S. passport.
4. Derivative Citizenship: DACA recipients who were born abroad but have at least one parent who is a U.S. citizen may be eligible for derivative citizenship. This could occur through acquisition or derivation of citizenship laws. If eligible, individuals can apply for a U.S. passport as citizens.
5. Special Circumstances: In some cases, DACA recipients may have unique circumstances, such as being victims of trafficking or crimes, which could make them eligible for certain forms of immigration relief or humanitarian parole. Depending on the circumstances, individuals may become eligible for a U.S. passport through these avenues.
SEE ALSO: HOW CAN YOU CHECK YOUR DACA STATUS? METHODS & TIPS
Navigating the Passport Application Process
For DACA recipients who qualify for a U.S. passport through one of the aforementioned pathways, navigating the passport application process can be complex but manageable. It’s essential to gather all necessary documentation and consult with legal experts or immigration attorneys to ensure eligibility and compliance with relevant laws and regulations.
The passport application process typically involves submitting an application form, providing proof of identity and citizenship or permanent residency, presenting evidence of eligibility (such as a green card or naturalization certificate), and paying applicable fees. Additionally, applicants may need to attend an in-person passport appointment at a designated passport acceptance facility or U.S. embassy or consulate abroad.
Challenges and Considerations
While there are potential pathways for DACA recipients to obtain a U.S. passport, it’s important to acknowledge the challenges and uncertainties that may arise. Changes in immigration policies, legal interpretations, and administrative practices can impact eligibility criteria and application procedures. DACA recipients should stay informed about developments in immigration law and seek guidance from trusted sources.
Moreover, the decision to pursue a U.S. passport should be carefully considered in light of individual circumstances and long-term goals. DACA recipients may face personal, financial, and logistical challenges in pursuing pathways to citizenship or permanent residency. It’s crucial to weigh the benefits, risks, and potential consequences before embarking on this journey.
Conclusion
In summary, while DACA recipients are not eligible for a U.S. passport based solely on their DACA status, there are alternative pathways to passport eligibility that they can explore. By pursuing lawful permanent residency, derivative citizenship, military service, or other avenues, DACA recipients may become eligible for a U.S. passport under specific circumstances. Navigating the passport application process requires careful planning, documentation, and compliance with relevant laws and regulations. Despite the challenges and uncertainties, DACA recipients can take proactive steps towards achieving their long-term immigration goals and accessing opportunities for travel and citizenship.