In a country known for opportunity, many young immigrants were stuck in legal limbo. Deferred action for childhood arrivals, started in June 2012 and brought hope by offering protection from deportation and a chance to work legally for those who came to the U.S. as children. However, The journey has faced many challenges due to changing politics and legal battles.
The Genesis
The deferred action for childhood arrivals was conceived to provide a safety net for young immigrants who had grown up in the United States without legal status. These individuals faced the constant threat of deportation and the challenges of living in the shadows.
Also, qualified applicants could apply for a two-year reprieve from deportation, along with the opportunity to secure a work permit. To qualify, they needed to meet specific criteria, including being brought to the United States as children and satisfying other requirements.
It’s important to note that this ruling did not affect current recipients’ ability to renew their status or access benefits like Advance Parole authorization for travel. However, the decision effectively stopped all new applications, including those already sent to the U.S. Citizenship and Immigration Services. Despite the U.S. government’s release of strengthening regulations, these rules did not reopen the door to new applications. Additionally, applicants stuck in limbo with pending requests did not receive refunds for their application fees.
The Road to Expansion For Deferred Action for Childhood Arrivals
The Biden Administration offered a ray of hope in early 2023 by proposing to extend federal Medicaid and Affordable Care Act programs to cover its recipients. This move aimed to let its holders apply for medical insurance through the Health Insurance Marketplace and their state Medicaid agencies, with eligibility based on their income levels. The program was set to start operating by early May.
It’s important to recognize that this situation is fluid and could change further in the coming months. Stay tuned for updates on this issue.
Understanding Deferred Action for Childhood Arrivals
It is a lifeline for many young immigrants, but it’s important to clarify what this program offers and what it doesn’t:
Offers temporary protection from deportation. It does not lead to permanent residency or U.S. citizenship.
Successful applicants receive permission to work legally in the United States, opening up new opportunities for career growth and financial stability.
What it Does Not Offer:
It does not grant amnesty, a green card, or citizenship. It only postpones deportation for eligible individuals.
Family members of DACA recipients cannot obtain deferred action status. Legal challenges from the Trump Administration ended efforts to extend relief to parents and other family members of its recipients. Consequently, these family members must explore alternative immigration options if they lack legal status.
Eligibility Requirements For Deferred Action for Childhood Arrivals
To qualify under the original program, applicants had to meet specific criteria:
- Applicants must have been under 16 years old when they first arrived in the U.S. to reside.
- They must have been physically present in the U.S. on June 15, 2012, and when applying for deferred action.
- Continuous residence in the U.S. since June 15, 2007, with no long absences.
- Applicants must have been born after June 15, 1981, making them under 31 on June 15, 2012.
- Entry into the U.S. without inspection before June 15, 2012, or lawful immigration status that expired by that date.
- Additionally, applicants must meet educational or military service requirements:
- Applicants must have been enrolled in school (with allowances for emergencies), graduated, earned a certificate from an accredited high school, obtained a General Education Development (GED) certificate, or been honorably discharged veterans of the Coast Guard or Armed Forces of the United States.
- They should not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, nor should they pose a threat to U.S. national security or public safety (such as gang membership).
It’s crucial to note that new applications were not accepted as of July 2021 due to legal challenges. However, this situation may change as court appeals progress. When new DACA applications become available, applicants will need to provide evidence for each criterion mentioned above.
Who Is Ineligible For Deferred Action for Childhood Arrivals
Its eligibility is strict, and applicants must meet all the specified criteria. If any criterion remains unmet, it can result in ineligibility. For instance, if an applicant was already 17 years old when they arrived in the U.S. or did not continuously reside in the country as required, they would not qualify.
The criminal grounds for ineligibility are particularly complex, with the term “significant misdemeanor” being a point of contention. USCIS defines significant misdemeanors as offenses related to burglary, domestic violence, sexual abuse, firearm possession, DUI or DWI, drug distribution, and trafficking. Additionally, any misdemeanor for which the applicant was sentenced to more than 90 days in prison, not including suspended sentences or pretrial detention, can lead to disqualification.
