Immigration: What is DACA and Can I Apply Today?

President Obama announced a new Deferred Action for Childhood Arrivals (DACA) program in 2012. DACA is available to young people who came to the US before age 16, are in the U.S. now, were between the ages of 15-30 years old on June 15, 2012 and have been in the US for 5 years as of June 15, 2012, have not been convicted of a single serious crime or multiple minor offenses, and have a high school diploma, GED, have served in the US military or are currently enrolled in school.

US Citizenship and Immigration Services (USCIS) started accepting applications on August 15, 2012, and many young people have already obtained DACA.

DACA is not permanent legal status or citizenship. DACA is not even a “status”. DACA is a form of “no status”. DACA says that you are known to immigration, but that immigration has decided to take no action against you (deferred action). DACA does not allow a person to travel. DACA is available to persons in Immigration Court proceedings, or with final orders of Removal/Deportation. DACA is also available to anyone who must check in with ICE (Immigration and Customs Enforcement).

DACA still exists today. Some people mistakenly call it “The DREAM Act”, but the correct name is Deferred Action for Childhood Arrivals. Those who already applied for DACA were issued Employment Authorization Documents (EAD cards) which were valid for 2 years. This means that many DACA recipients are now ready to renew their applications in order to avoid a lapse in employment authorization. The EAD card also has allowed these young persons to apply for local state driver’s licenses. The reason behind the DACA program was to allow young persons, who came to the US as children, have been raised in the US, and who want to become productive members of our society to do so.

The DACA program was a presidential initiative initiated under President Obama’s term of office. It is unclear if the DACA program will survive into the next presidency when a new President takes office.

For this reason, it is important that anyone who thinks that he/she may qualify for DACA, apply now, or renew their DACA application now.

If you think that you may qualify for DACA, but you have a criminal conviction, it is important to have a qualified immigration attorney research your case, since many criminal convictions will not be a bar to obtaining DACA. If you have left the US and returned, this may not be a bar to obtaining DACA. Short/innocent departures from the US may not prevent you from obtaining DACA. If you have been in removal/deportation proceedings, this also may not bar you from obtaining DACA. If you never graduated from high school, or if you never obtained your GED and it has been many years since you attended school… that doesn’t matter. You can ALWAYS enroll in school. You only need to show USCIS that you are currently enrolled in school; not that you have completed your schooling. Submitted by Immigration Attorney Cynthia R. Exner