When President Obama started DACA in 2012, it gave young immigrants hope to work legally in the U.S. However, not everyone applied right away due to fears of deportation. Thankfully, those fears mostly didn’t come true when applying for DACA.
The Trump Administration tried to end DACA and was tough on some recipients. The Biden Administration has revived DACA, allowing new applications and renewals, and plans to find a permanent solution for all undocumented immigrants with Congress.
If you’re thinking about applying for DACA for the first time, consider your personal, immigration, and criminal history before sharing your information.
Important: On July 16, 2021, a Texas judge ruled DACA is illegal. This ruling doesn’t affect current DACA holders or renewals but stops all new applications, even those already submitted to USCIS. Unfortunately, fees for these pending applications are non-refundable. We will update you as the situation changes.
Limited Long-Term Benefits
Congress has been discussing immigration reform for years, including the DREAM Act, which would give conditional permanent residence to eligible young immigrants. Because Congress didn’t pass this, President Obama introduced DACA as a temporary solution. DACA offers a three-year reprieve from deportation (renewable) and a work permit but does not provide a path to permanent U.S. residency.
DACA could be ended by a future president or replaced by more restrictive laws from Congress. If DACA ends, there’s no guarantee that the information you gave to USCIS won’t be used for deportation later.
Sharing Personal Information for Applying for DACA
USCIS has said it won’t share DACA applicants’ information with Immigration and Customs Enforcement unless there are national security, fraud, or public safety issues.
However, immigrants with certain criminal records, including some misdemeanors, juvenile offenses, or expunged convictions, might not be eligible and could risk deportation if they apply.
Also, if you list family members without legal status on your application, their information might be shared with other government agencies if they are seen as a security or safety threat.
Clearing Up Misconceptions for Applying for DACA
It does not provide amnesty or legal forgiveness for past immigration violations, nor does it grant permanent residency.
Applicants might still be inadmissible for a green card (permanent residency) in the future for reasons
Traveling Under DACA: Limited Freedom
Its recipients can’t freely travel in and out of the U.S. but can apply for “Advance Parole,” a travel document for humanitarian, work, or educational reasons.
Even with Advance Parole, U.S. Customs and Border Protection (CBP) can deny reentry. There’s no guarantee that you won’t face issues at the border based on past immigration offenses or criminal history.
State-by-State Differences for Applying for DACA
DACA benefits vary by state. While most states allow DACA recipients with a work permit to get a driver’s license, some states don’t.
College tuition policies also vary, with some states offering in-state tuition to DACA recipients while others do not.
In conclusion, if you’re unsure about your immigration history or the potential consequences of sharing information, it’s best to consult with an experienced immigration attorney before applying for DACA. An attorney can help you understand your specific situation and make an informed decision.
