The Deferred Action for Childhood Arrivals (DACA) program provides support for undocumented immigrants who arrived in the United States as children. An estimated 700,000 recipients benefit from this program. Since its inception in 2012, DACA has offered protection from deportation, work authorization, and access to higher education.
In the following blog, we will explore “What is the DACA Immigration Program?” along with its history, qualifications, and the impact of legal challenges. This will offer important insights for those seeking to apply for or renew their status.
What is the DACA Immigration Program?
DACA was created in 2012 by the Department of Homeland Security as a relief program for undocumented individuals who entered the U.S. as minors. The program provides a two-year deferment from deportation and eligibility for a work permit. It allows recipients to contribute to the economy and pursue education.
However, DACA does not grant legal status or provide a pathway to citizenship. Instead, it offers temporary protection and the ability to participate in key aspects of American society. The program has faced significant legal and political challenges, making it a focal point in immigration debates.
Qualifications to File for DACA
According to United States Citizenship and Immigration Services (USCIS), an individual requesting DACA must meet the following 7 qualifications:
Age Requirements:
- Under the age of 31 as of June 15, 2012.
- Entered the U.S. before turning 16.
Continuous Residence:
- Lived in the U.S. since June 15, 2007, through the present.
Physical Presence:
- Physically present in the U.S. on June 15, 2012, and when applying for DACA.
Immigration Status:
Education and Military Service:
- Enrolled in school, graduated high school, obtained a GED, or honorably discharged from the military or Coast Guard.
Criminal Record:
- No felony convictions, significant misdemeanors, or three or more misdemeanors.
Applicants must also be at least 15 years old to file unless they are in removal proceedings.
Proof and Documentation
Proving eligibility for DACA requires substantial documentation. USCIS recognizes two tiers of evidence:
- Tier 1 Proof: Includes school transcripts, diplomas, and medical records. These documents directly establish residency and other qualifications.
- Tier 2 Proof: Includes letters from family members, community leaders, or other secondary sources when Tier 1 documentation is unavailable.
Trump v. NAACP (DACA): A Supreme Court Ruling
DACA was first introduced as an executive branch memorandum under President Barack Obama. In 2014, his administration expanded the program with support from the U.S. Supreme Court, despite legal challenges from several states.
The Trump Administration later sought to reverse this expansion and eliminate DACA. This prompted multiple lawsuits. One of these cases, Trump v. NAACP, reached the Supreme Court.
On June 18, 2020, the Supreme Court issued a 5-4 ruling against the Trump Administration. This decision allows current DACA recipients to continue filing for renewal and allows new applicants to apply for the program for the first time.
The Economic and Social Impact of DACA
Chief Justice John Roberts’ opinion does not evaluate DACA’s merits as a policy. Instead, it critiques the Trump Administration for failing to provide a reasonable justification for attempting to repeal the program.
In 2017, former Attorney General Jeff Sessions argued that DACA was unconstitutional, though he offered little evidence to support this claim. The Supreme Court highlighted the lack of evidence and criticized the administration’s failure to consider the program’s significant benefits.
DACA provides support to many young people. It enables them to work legally and contribute to the U.S. economy. According to NPR, individuals protected under DACA pay $60 billion in taxes annually. This underscores the program’s economic impact.
President Trump described the Supreme Court's decision as a “shotgun blast into the face of people that are proud to call themselves Republican” in a tweet. However, the 700,000 DACA recipients can take comfort in knowing they will continue to receive the program's benefits.
Requirements to Renew DACA
Renewing DACA status is necessary for recipients already enrolled in the program to maintain protection and work authorization.
Eligibility for Renewal
To renew DACA, applicants must:
- Continue to meet the original eligibility criteria.
- Avoid leaving the U.S. without prior authorization.
- Maintain a clean criminal record.
Steps to Renew
- Form I-821D: File the updated form for deferred action.
- Work Authorization: Submit Form I-765 for work permit renewal and pay the $495 filing fee.
- Supporting Documentation: Include evidence of continued eligibility.
It’s advisable to apply for renewal 120 to 150 days before the current status expires to avoid gaps in coverage.
Ahmad & Associates expects debate over this issue to continue as the Trump Administration lambasts the Supreme Court decision. On the other hand, the recent ruling is certainly a win for immigrants who entered the country as children and now require government assistance.
If you or a family member qualifies for DACA either as a new applicant or a renewal, please contact us at your convenience. With over 25 years of combined legal experience, we have supported countless individuals through the application and renewal. We are here to help.
