The DACA program, which stands for Deferred Action for Childhood Arrivals, is one of the most politically contested and debated programs within the larger topic of immigration. The DACA program was started in 2012, and since then, it’s meant that thousands of dreamers can apply for protected status in the United States and work authorization. Dreamers are people who came to the U.S. at an early age and who grew up here.
Since the program came out, many have debated it, and the Trump administration almost ended.
Within hours of coming into office, President Biden issued a memorandum. That memorandum required that the Department of Homeland Security take measures to strengthen and preserve the program.
Since then, there have been several court decisions that were favorable for the program, allowing people who are qualified to renew their DACA status and also their work permits.
There have also been fairly recent court decisions that allowed people to apply for the program for the first time if they didn’t initially apply for deferred status.
During his first day in office, President Biden released something called the “U.S. Citizenship Act of 2021,” and under the proposal, which isn’t currently law, people who hold DACA status would be able to apply for permanent residence immediately.
In July 2021, a federal judge in Texas ruled saying DACA is illegal, and new applications couldn’t be approved, but this didn’t immediately affect the status of current recipients. President Biden responded, calling the ruling deeply disappointing and saying that it would mean an uncertain future for hundreds of thousands of young immigrants.
On August 24, 2022, the administration finalized a DACA program rule that went into effect on October 21, 2022. That federal rule, also known as a regulation, formalizes the program, which had previously been operating based on a memo by the Obama administration.
Under the new regulation, the eligibility rules for DACA stayed in place, and recipients stayed eligible for work authorization, and they’re considered as being lawfully in the United States for reasons related to other immigration applications.
While DACA isn’t a new program, it’s still one that’s often misunderstood, and the following are some of the things relevant about the program and its implications.
1. The Basics of DACA
Deferred Action for Childhood Arrivals or DACA provides temporary relief from potential deportation, which is deferred action. It also gives work authorization to some young and undocumented immigrants.
DACA was created in 2012 by then-Secretary of Homeland Security Janet Napolitano.
There isn’t any permanent legal status that’s provided to people under DACA, and it has to be renewed every two years.
Essentially, the idea of DACA is that these are young people who grew up in America, identify as Americans, and most speak English. These are also people who typically don’t have connections or memories with any other country.
Even though most DACA recipients have been in the U.S. for the bulk of their lives, under immigration law as it stands currently, they don’t have a way to obtain legal residency.
A lot of Dreamers say they didn’t know they weren’t documented immigrants until they were teenagers. Often they didn’t find out until they were trying to get a job, a driver’s license, or financial aid for college, and they didn’t have a Social Security number.
The DACA program allows these people who came to the country as children to request consideration for deferred action. Participants in the program have to meet certain requirements, and then if they do and they’re approved, they can stay in the country for two years, and that’s subject to renewals.
2. Deferred Action
The DACA program is based on the concept of deferred action, which is just another way to say that someone is protected from being deported. If someone receives deferred action, they’re not going to be removed from the U.S. or put into removal proceedings for a period of time.
Deferred action is a temporary status, with no direct path to getting a green card, which is a lawful permanent residence or U.S. citizenship.
Deferred action can be granted by a federal immigration judge or USCIS. DHS is allowed to end or renew a grant of deferred action anytime based on its own discretion.
Deferred action can be granted on an ad hoc basis, meaning immigration officials can grant it on an individual basis for reasons like humanitarian purposes.
It can also be granted to particular groups.
3. Who Are Dreamers?
Dreamers are the people protected under DACA. To apply for the program, these people must have been younger than 31 on June 15, 2012. That’s when the program began.
They must have arrived in the U.S. before they were 16 and also must have been undocumented. The vast majority of Dreamers are originally from Mexico, Guatemala, El Salvador, and Honduras.
They are called Dreamers because, initially, the Obama administration worked on a piece of legislation called the Development, Relief, and Education for Alien Minors Act also known as the Dream Act. That wasn’t passed by Congress.
4. Can Dreamers Become Citizens?
Dreamers have access to benefits, including authorization to work and deportation protection. Again, they can also submit a renewal every two years to stay in the country and keep their work permit, but they don’t have a direct path to citizenship.
There has been debate among lawmakers on the topic, including multiple drafts of the DREAM Act.
In bill proposals, legislators have called for giving people Temporary Protected Status, and Dreamers would have permanent resident status. If someone had permanent resident status, they could then apply to immigrate legally, and they could apply for their family members as well.
The legislation has several times passed in the House of Representatives but not in the Senate.
Most recently, the House of Representatives passed the 2021 DREAM and Promise Act.
Some Dreamers may, even outside of this legislation, apply for permanent resident legal status.
If you’re a DACA recipient who came to America with a valid visa, you will meet the legal requirements for a green card. You can petition USCIS for an immigrant visa if you have an immediate family member or relative who has lawful permanent residence or U.S. citizenship.
If you entered lawfully, you could apply for a green card in the U.S.
Even if you came unlawfully, you might be able to apply for a green card if you spent time in the U.S.
It’s most likely that a Dreamer would have entered without a valid visa, so they might be able to meet the entry requirement through Advance Parole.
Advance Parole travel documents let recipients of DACA travel internationally and then re-enter the U.S. legally upon returning. Once you re-enter the country lawfully, you might have eligibility to apply for a green card.
If you didn’t come to the country legally, you might have to apply from your birth country, and that’s probably going to include waiting for three or ten years which is a re-entry bar.
If you have had a green card for several years, then you may have the opportunity to apply for naturalization so that you can become a citizen of the United States.
5. DACA Final Rule
The DACA Final Rule went into effect on October 31, 2022. It codified existing policies, with a few changes to strengthen and preserve DACA.
Under the final rule, employment authorization and advanced parole are still recognized as valid. If someone has a renewal application that’s pending, they don’t have to reapply.
As of October 21, 2022, USCIS says that it will accept and process requests for DACA renewals and requests for employment authorization under the final rule, in line with court orders and also a partial stay that’s ongoing.
USCIS says that it will continue accepting but not processing initial requests for DACA. DHS isn’t currently allowed to grant these initial requests and employment authorizations under the final rule because of the court order from the U.S. District Court for the Southern District of Texas, which is what was mentioned above.
6. DACA Requirements
There are requirements for DACA, including the two mentioned above—you had to have been younger than 31 as of June 15, 2012, and you must have come to the U.S. first before your 16th birthday.
You must have lived continuously in the U.S. from June 15, 2007, until now, and you are required to have been physically present on June 15, 2012, and the time you apply.
You must currently be studying, have earned a completion of high school or GED, or have been discharged honorably from the military.
A Dreamer also can’t have been convicted of certain misdemeanors or a felony. Having three or more misdemeanors of any kind also takes the status away.
Finally, DACA renewals are being accepted by USCIS as it stands right now, and the recommendation is that you begin the process to renew if your DACA status is set to expire anytime within the next 12 months.