DACA | Empowering Dreamers for a Better Future

June 27, 2023

Quick Insights: Did you know that DACA provides an essential lifeline for undocumented young immigrants in the US? It has not only granted protection from deportation to the dreamers but also opened doors to education, employment, and countless other opportunities.

June 27, 2023

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The Deferred Action for Childhood Arrivals (DACA) program stands as a symbol of compassion and opportunity in an era of global migratory crisis. President Barack Obama and then-Vice President Joe Biden introduced the DACA program in 2012. It is a policy that shields around 800,000 young individuals known as “Dreamers,” who were brought to the United States illegally as children.

It is an immigration policy that was implemented in the United States in 2012. It allows certain undocumented individuals who were brought to the country as children to request temporary protection from deportation and obtain work permits. Despite the fact that the program does not offer them a route to citizenship or official legal status, it does let them apply for a driver’s license, social security number, and work permit.

Born out of the recognition that undocumented individuals brought to the United States as children should not be held responsible for their parents’ actions, DACA has provided a lifeline to hundreds of thousands of young immigrants, enabling them to pursue their dreams and contribute to their communities. This article delves into the history, significance, and impact of the DACA program, shedding light on the transformative power it holds for both individuals and the nation as a whole.

President Trump has repeatedly attempted to cancel the program. After the Trump administration stopped accepting new applications, a federal judge decided in December 2020 that first-time DACA applicants might apply. He also increased the renewal time from one year to two years.

The Biden administration’s final DACA rule came into effect in October 2022, shortly after a federal judge determined that the program may continue temporarily but that new applicants would still be prevented from applying. No date has been set for subsequent hearings to confirm DACA’s long-term status as of 2023.

I hope all of you continue to be advocates in whatever your professional lives are.

DACA Eligibility Criteria

The following conditions must be met by applicants to be eligible for DACA:

You were below the age of 31 on June 15, 2012 (you were born on or after June 16, 1981)
You arrived in the United States before the age of sixteen.
You have lived in the United States continuously since June 15, 2007, up until the time you filed your DACA application.
You were physically present in the United States on June 15, 2012, when you filed your request for deferred action with USCIS.
Had no legal immigration status on June 15, 2012, and at the time you applied for DACA, i.e, i) You did not have a legal immigration status on or before June 15, 2012 ii) As of June 15, 2012, any lawful immigration status or parole you had obtained had expired. iii) Any legal status you held after June 15, 2012, expired or was somehow terminated before you filed for DACA.
You are actively enrolled in school, have graduated or received a high school diploma, have gotten a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or armed services of the United States.
You have not been convicted of a felony, a serious misdemeanor (as defined in 8 CFR 236.22(b)(6)), or three or more additional misdemeanors, and do not represent a threat to national security or public safety.

How to Apply

To apply for DACA, follow these steps:

Proof of identity: Examples include a passport, birth certificate, or national identification document.
Proof of arrival in the United States before the age of 16: Provide documents such as a passport stamp, Form I-94, any INS paperwork containing an entrance date, school records, medical records, or official religious ceremony documents.
Proof of established residency before the age of 16 (if you left and returned to the US): Include documents like educational records, job records, tax returns, bank letters, or employment verification.
Evidence of residency since June 2007: Gather documents such as payment receipts, utility bills, job records, tax returns, education records, medical records, or birth records of children born in the US.
Documents proving any brief, casual, and innocent absences from the US since 2007: Include items like plane tickets, passport entries, hotel receipts, or proof of travel purpose.
Proof of presence in the US on June 15, 2012: Provide documents like rent payment receipts, utility bills, work records, tax returns, education records, or dated bank transactions.
Proof of lack of legal status on June 15, 2012: Include Form I-94 with an expiration date, a final order of removal or deportation, or a document from the Department of Homeland Security (DHS) regarding removal proceedings.
Current proof of education, graduation, GED, or military service: Gather documents such as school enrollment records, diplomas, transcripts, or military personnel records.
Evidence of honorable discharge veteran status: Provide military personnel records, Form DD-214, NGB Form 22, or health records.
Evidence of removal proceedings: Include copies of the removal order, documents from immigration judges, or the Board of Immigration Appeals' final determination.
Evidence of criminal history: Provide official statements indicating no charges were filed or court-certified records for any arrests or convictions.

Form I-821D: Fill out and sign this form, which is the primary application for DACA, known as "Consideration of Deferred Action for Childhood Arrivals."
Form I-765: Complete this application for Employment Authorization, which is required to obtain an employment authorization document (EAD) as part of the DACA program.
Submit forms and fees: Mail the completed forms, along with the required fees, to the United States Citizenship and Immigration Services (USCIS). Verify the current fee amount on the USCIS website, as it may have changed since September 2021. As of that time, the DACA application fee was $495, including $85 for biometrics.

Attend a biometrics appointment: After submitting your application, you will receive instructions to schedule and attend a biometrics appointment at a USCIS Application Support Center near your location.
Include passport-style photographs: Include two recent passport-style photographs that adhere to the specific guidelines provided by USCIS regarding size, format, and background color.

DACA Benefits

Protection from deportation: Those who were brought to the United States as children without the correct immigration status are given temporary protection from deportation under DACA. It allows them to remain in the country without fear of being removed.
Work authorization: DACA recipients are eligible to obtain an Employment Authorization Document (EAD), also known as a work permit. This allows them to legally work in the United States, obtain a Social Security Number, and pursue job opportunities, which can lead to improved financial stability and independence.
Social Security benefits: DACA recipients can apply for a Social Security Number (SSN) if they have active work permits. They can now access Social Security benefits in the future, such as retirement benefits or disability payments, if they are eligible.
Education opportunities: DACA recipients may be qualified for a number of educational advantages, including in-state college and university tuition rates, scholarships, and financial help in certain states. They can use these chances to advance their education and improve their employment prospects.

Disadvantages of DACA program

Temporary protection: This program provides only temporary relief from deportation. It does not provide a pathway to permanent residency or citizenship. The program needs to be renewed periodically, subject to changes in policy and political decisions. This can create uncertainty and anxiety for DACA recipients about their long-term status in the United States.
Limited benefits: Although DACA provides work authorization and deportation protection, it does not provide all of the benefits and protections that U.S. citizens or lawful permanent residents have.
Dependence on policy changes: The availability and scope of DACA can be influenced by changes in government policies and administration. The program's future is subject to political developments, and policy shifts can impact the eligibility criteria, the renewal process, or even result in the termination of the program. This uncertainty can affect the long-term planning and stability of DACA recipients' lives.
Inequality among undocumented individuals: DACA distinguishes between people who are eligible for the program and those who are not. It can result in a feeling of injustice and exclusion among undocumented people who aren't qualified for DACA but have comparable struggles and goals.
Renewal Challenges: While DACA recipients can renew their status every two years, the renewal process can be complex and challenging. Changes in documentation requirements, fees, or political developments can impact the renewal process.

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