In 2012, President Obama announced a program that allowed
immigrants who were brought to the states as children to qualify for deferred
action. Deferred action is use of prosecutorial discretion to defer removal proceedings
against an individual for a certain period of time. Those who qualify for deferred
action for childhood arrivals (DACA) were brought to the United States before
their 16th birthday. Although
DACA recipients still do not technically have legal status in the US, they effectively
have a legal status in the US because they are allowed to stay in a legitimate
capacity. DACA recipients can obtain a work permit, get a driver’s license (in
many states), and get a US social security number, among many other benefits.
DACA is an important program that allows immigrants who came
to the US as children with their parents an opportunity to work in the US. When
parents immigrate, these children had no choice whether they came to the US or
not and it seems harsh to punish people for coming to the US when they had no
choice in the matter. Their parents do not gain a legal status or a work permit
through the DACA program.
Many immigrants have taken advantage of DACA and benefitted
from the opportunity to work and feel safe from Immigration and Customs Enforcement.
In the first year DACA was implemented over 500,000 people took advantage of
the opportunity to gain a work permit. Work permits were valid for two years. Because
of the success of DACA, President Obama extended the benefits of DACA in his
executive action announced November 20, 2014.
So who qualifies for DACA? The following is a list of the
2012 guidelines with the 2014 change at the end.
2012 Guidelines:
·
Age guidelines – at least 15 and under 31 as of
June 15, 2012.
·
Timeframe – Continuous residence in the US since
June 15, 2007, come to the US before your 16th birthday, were
physically present in the US as of June 15, 2012 and at the time of requesting
DACA, and are in school, have graduated from high school in the US, or have a
GED.
·
Education or military status at the time of
requesting DACA – graduated from high school, secondary school, or obtained a
GED. Currently enrolled in school (high school or equivalent, not college – presumably
if you’re in college, you have your high school degree). Have been honorably
discharged from the US military or Coast Guard.
New 2014 guidelines
·
Age guidelines – are of any age
·
Timeframe – have lived in the US continuously
since at least January 1, 2010.
·
Education – same requirements
·
Extends the validity of work permits from two to
three years
The new guidelines take effect February 18, 2015. If you have any questions please contact Frost Law.
