The Deferred Action for Childhood Arrivals (DACA) program, introduced in 2012, provides administrative relief from deportation and work permits to eligible young undocumented immigrants brought to the U.S. as children. For hundreds of thousands, DACA has created opportunities for education, employment, and security.

DACA Eligibility Criteria

To be considered for DACA, you must meet several specific requirements set by U.S. Citizenship and Immigration Services (USCIS). These criteria are strict, and you must satisfy each one to be eligible.

Age and Arrival Requirements

• Age at Arrival: You must have been under the age of 16 when you first entered the United States.
• Continuous Residence: You must have continuously resided in the U.S. since June 15, 2007, up to the present time. This means you haven’t left the U.S. for an extended period that would break your continuous residence.
• Physical Presence: You must have been physically present in the United States on June 15, 2012, and at the time of making your request for DACA with USCIS.
• Age at Time of Request: You must have been at least 15 years old to request DACA, unless you were in removal proceedings or had a final removal or voluntary departure order.

Educational or Military Service Requirements

You must also meet one of the following educational or military service criteria:

• Currently in School: You are currently enrolled in elementary school, middle school, high school, or a program assisting students in obtaining a high school diploma or its equivalent (like a GED).
• High School Graduate: You have graduated from high school or obtained a certificate of completion from high school.
• GED Recipient: You have obtained a General Educational Development (GED) certificate.
• Honorably Discharged Veteran: You are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

Immigration Status and Criminal History

• No Lawful Status: You must have had no lawful immigration status on June 15, 2012. This means you entered without inspection before that date or your lawful immigration status expired as of that date.
• Criminal Record: You must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors. Additionally, you must not pose a threat to national security or public safety.

The DACA Application Process

If you are applying for DACA for the first time, you must follow the process outlined by USCIS. As of recent court rulings, USCIS is not currently processing new initial DACA requests, but it is still accepting them. It is crucial to check the latest USCIS updates before you apply.

The application involves several forms and supporting documents:

1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This is the main application form.
2. Form I-765, Application for Employment Authorization: This form is for your work permit.
3. Form I-765WS, Worksheet: This worksheet helps establish your economic need for a work permit.
4. Supporting Documentation: You will need to provide evidence to prove you meet all the eligibility requirements. This can include school records, medical records, financial records, and employment records.
5. Fees: You must pay the required application and biometrics fees. Fee waivers are very limited.

After submitting your application, you will receive a notice for a biometrics appointment to have your fingerprints and photograph taken. USCIS will then review your case.

The Renewal Process

For current DACA recipients, renewing your status is essential to maintain your protection from deportation and your work permit. USCIS recommends submitting your renewal application between 120 and 150 days (4-5 months) before your current DACA status expires. The process is similar to the initial application but may require less documentation if your circumstances have not changed. The “DACA renewal” process requires careful attention to deadlines to avoid any lapse in your status.

Benefits of DACA

Obtaining DACA status provides several significant benefits that can dramatically improve a recipient’s quality of life:

• Protection from Deportation: DACA recipients are granted deferred action, which means the government will not seek their deportation for a renewable two-year period.
• Work Authorization: Recipients receive an Employment Authorization Document (EAD), allowing them to work legally in the United States.
• Social Security Number: With a work permit, individuals can obtain a Social Security number, which is necessary for employment, banking, and accessing certain services.
• Driver’s License: Most states allow DACA recipients to apply for a driver’s license or state identification card.
• Access to Education: DACA status can make it easier to enroll in higher education, and some states offer in-state tuition rates to recipients.
• Improved Financial Opportunities: Legal employment opens the door to better-paying jobs, the ability to open bank accounts, and the chance to build credit.

Challenges and Considerations

While DACA offers many advantages, it’s important to be aware of its limitations and the challenges associated with it.

• Temporary Status: DACA does not provide a path to permanent residency (a green card) or U.S. citizenship. It is a temporary form of protection that must be renewed.
• Legal and Political Uncertainty: The program has faced numerous legal challenges and its future has often been uncertain due to changes in presidential administrations. This can create significant stress for recipients and their families.
• Travel Restrictions: DACA recipients cannot travel outside the United States without first obtaining advance parole, which is only granted for specific humanitarian, educational, or employment reasons. Unauthorized travel can result in the termination of DACA status.

Conclusion

DACA has provided a lifeline for hundreds of thousands of young immigrants, allowing them to work, study, and live without the constant fear of deportation. Navigating the eligibility requirements and application process can be complex, but understanding them is the first step toward securing these vital protections.