In the realm of U.S. immigration policy, the Deferred Action for Childhood Arrivals (DACA) program has remained a subject of both legal and political contention since its inception. DACA, established by the Obama administration in 2012, aimed to provide temporary relief from deportation and work authorization to undocumented immigrants who arrived in the United States as children. However, the program has faced numerous legal challenges and policy shifts, leading to uncertainty about its future. As of the most recent updates, understanding the current legal status of DACA, its eligibility requirements, application process, benefits, and potential risks is crucial for individuals seeking protection under this program.
Current Legal Status of DACA
As of the time of writing, DACA continues to face legal and political uncertainty. The program has undergone significant changes and challenges, particularly during the Trump administration, which sought to end DACA in 2017. However, multiple legal battles ensued, leading to court rulings that temporarily blocked the administration’s attempts to terminate the program. These legal battles have resulted in a series of rulings that have both upheld and struck down various aspects of DACA.
In June 2020, the U.S. Supreme Court ruled in favor of DACA recipients in the case of Department of Homeland Security v. Regents of the University of California. The Court held that the Trump administration’s decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act (APA). As a result, the Court’s decision effectively reinstated DACA to its original form, allowing current DACA recipients to renew their status and granting them protection from deportation. However, the ruling did not address the issue of whether new applications could be accepted.
Subsequent to the Supreme Court’s decision, the Trump administration attempted to limit the DACA program by issuing a memorandum that restricted DACA renewals to one year and prohibited new applications. However, this memorandum was challenged in court, and in December 2020, a federal judge in New York issued an injunction blocking the memorandum and ordering the Department of Homeland Security (DHS) to fully reinstate DACA to its pre-2017 status, including accepting new applications and two-year renewals.
With the change in administration, the Biden administration has expressed support for DACA and indicated its intention to preserve and strengthen the program. In July 2021, the DHS issued a memorandum that fully reinstated DACA to its pre-2017 status, including accepting new applications, two-year renewals, and advance parole requests for travel. However, legal challenges to DACA persist, and the program’s long-term future remains uncertain, subject to potential changes in administration and court rulings.
Eligibility Requirements for DACA
To be eligible for DACA, individuals must meet the following criteria:
1. Age: Applicants must have been under the age of 31 as of June 15, 2012.
2. Arrival in the U.S.: Applicants must have arrived in the United States before turning 16 years old.
3. Continuous Residence: Applicants must have continuously resided in the United States since June 15, 2007.
4. Presence in the U.S.: Applicants must have been physically present in the United States on June 15, 2012, and at the time of applying for DACA.
5. Education or Military Service: Applicants must be enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the U.S. Armed Forces or the U.S. Coast Guard.
6. Criminal Record: Applicants must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and must not pose a threat to national security or public safety.
Meeting these eligibility criteria is essential for individuals seeking protection under DACA.
Application and Renewal Process
The process of applying for or renewing DACA status involves several steps:
1. Gather Documentation: Collect necessary documents to prove identity, age, arrival in the United States, continuous residence, education, and lack of serious criminal convictions.
2. Complete Form I-821D: Fill out Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and submit it along with Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, to demonstrate economic necessity for employment.
3. Provide Biometrics: If required, attend a biometrics appointment to provide fingerprints, photograph, and signature.
4. Pay Fees: Pay the required fees for DACA application and biometrics, unless eligible for fee waivers.
5. Wait for Decision: Await a decision from U.S. Citizenship and Immigration Services (USCIS) regarding the DACA application.
6. Renew DACA Status: If already a DACA recipient, renew DACA status by submitting Form I-821D, Form I-765, and Form I-765WS, along with supporting documents, before the current DACA status expires.
It is crucial to follow all instructions carefully and ensure that all required documentation is submitted accurately and on time to avoid delays or potential denials.
Benefits of DACA
DACA provides several benefits to recipients, including:
1. Work Authorization: DACA recipients are eligible to obtain employment authorization, enabling them to legally work in the United States.
2. Protection from Deportation: DACA provides temporary relief from deportation, allowing recipients to remain in the United States without the fear of removal.
3. Social Security Number: DACA recipients are eligible to obtain a Social Security number, enabling them to work and pay taxes.
4. Driver’s Licenses and State IDs: DACA recipients may be eligible to obtain driver’s licenses and state identification cards in many states, facilitating mobility and access to essential services.
These benefits empower DACA recipients to pursue educational and employment opportunities and contribute to their communities and the U.S. economy.
Potential Risks and Challenges
Despite its benefits, DACA remains a temporary and discretionary program, subject to potential risks and challenges:
1. Program Termination: DACA’s future remains uncertain, as it is vulnerable to changes in administration and ongoing legal challenges. The possibility of DACA being terminated entirely could jeopardize the status and livelihoods of its recipients.
2. Limited Protections: DACA provides temporary relief from deportation but does not offer a pathway to permanent residency or citizenship. Recipients must continually renew their status every two years to maintain protection.
3. Barriers to Higher Education: DACA recipients may face barriers to accessing higher education, including eligibility restrictions for federal financial aid and in-state tuition rates in some states.
4. Uncertainty and Anxiety: The uncertainty surrounding DACA’s future can cause anxiety and stress for recipients and their families, impacting their mental health and well-being.
Navigating these risks and challenges requires resilience and advocacy to safeguard the rights and protections of DACA recipients and advocate for comprehensive immigration reform.
Conclusion
In conclusion, understanding the current legal status of DACA, its eligibility requirements, application process, benefits, and potential risks is essential for individuals seeking protection under this program. Despite its uncertainties, DACA continues to provide vital support to hundreds of thousands of undocumented immigrants who arrived in the United States as children, enabling them to pursue their dreams and contribute to their communities. As debates over immigration policy persist, advocating for the preservation and expansion of DACA remains crucial to uphold the principles of fairness, compassion, and opportunity for all.
