Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (“DACA”) is a memorandum passed on June 15, 2012. It was issued by U.S. President Barack Obama and implemented by the Secretary of the Department Homeland Security, Janet Napolitano. It directs U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) to practice prosecutorial discretion towards some individuals who came to the United States as children.

A grant of deferred action does not confer lawful immigration status, alter an individual’s existing immigration status, or provide a path to citizenship.

Deferred action

U.S. Citizenship and Immigration Services

The USCIS should establish a clear and efficient process for exercising prosecutorial discretion, on an individual basis, by deferring action against individuals who meet the criteria and are at least 15 years old, for a period of two years to be granted employment authorization, subject to renewal, in order to prevent low priority individuals from being placed into removal proceedings or removed from the United States. ICE is instructed to use its Office of the Public Advocate to permit individuals who believe they meet the above criteria to identify themselves through a clear and efficient process. ICE is also instructed to immediately begin the process of deferring action against individuals who meet the above criteria whose cases have already been identified through the ongoing review of pending cases before the Executive Office for Immigration Review.

The creation of this law came after the failed attempt to pass the DREAM act. President Obama wanted such law to grant residency to young immigrants who have attended college or have served military time. However, Mitt Romney did completely agree with Obama’s idea, he only agreed with the part that dealt with military time. After the success of passing DACA came the demanding process. The eligibility process is rigorous. Those who are chosen will be picked on a case-by-case basis. The main relief for these beneficiaries is the two year deportation reprieve they will be given. More on, for the most part only applicants who are in a necessity of economic relief will receive work authorization. Although this application can be renewed it is still not known how long it will be in effect and it is only given in two-year increments. DACA does not by any means provide citizenship to these young illegal immigrants.

Removal proceedings

Those currently in removal proceedings or subject to a final removal order or voluntary departure are eligible for deferred action through DACA. Unlike those individuals not in proceedings or without final orders, these individuals need not have reached the age of 15 in order to apply.

Potential beneficiaries and eligibility

The Migration Policy Institute has estimated that 1.76 million people can benefit from this new policy. However, there are some situations which can have different guidelines. Of the population only 72% meet the required age of 15 and older. The other 28% are under 15; forcing them to wait until they are eligible to apply. Also, about 350,000 young adult immigrants that have not completed high school or attained their GED can still apply as long as they re-enroll prior to the date they plan to submit their application. On a broader view potential eligible young immigrants are distributed around the United States. California, Texas, Florida, New York and Illinois are the five main states that have the largest number of potential beneficiaries. Most of the individuals, 74% of the eligible population, were born in Mexico or Central America. Others come from Caribbean and South America (11%), Asia (9%), and the rest of the world (6%).

Individuals who request to be considered for deferred action must have:

• been under the age of 31 on June 15, 2012;
• arrived to the United States before reaching their 16th birthday;
• continuously resided in the United States from June 15, 2007 (last five years) to the present;
• been physically present in the United States on June 15, 2012, as well as at the time of requesting deferred action from USCIS;
• entered without inspection before June 15, 2012, or had any lawful immigration status expired on or before June 15, 2012;
• been in school at the time of application, or have already graduated or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Application

On August 15, 2012, the USCIS released the forms necessary to apply for DACA. Individuals are not required to have legal representation to apply, and may submit the forms directly to the USCIS. The application fee is $465 ($380 for the processing fee plus $85 for the biometrics analysis).

Forms required to apply

• [Form I-821D] Application for Deferred Action for Childhood Arrivals

• [Form I-765] Application for Employment Authorization

• [Form I-765WS] Worksheet for Application for Employment Authorization

• Application fee: $465 ($380 processing fee plus $85 biometrics fee)

Supporting documentation

The USCIS requires documentation in order to establish physical presence and continuous residence in the United States. A number of documents will be accepted, including:

Proof of Identity:

• Passport or national identity document from your country of origin.
• Birth certificate with photo identification.
• School or military identification with photo.
• Any U.S. government immigration document or other document bearing your name and photo.

Proof you came to the U.S. before your 16th birthday:

• Passport with admission stamp.
• Form I-94/I-95/I-94W.
• School records from the U.S. schools you have attended.
• Any Immigration and Naturalization Services or DHS document stating your date of entry [Form I-862, Notice to Appear].
• Travel records.
• Hospital or medical records.

Proof of immigration status:

• Form I-94/I-95/I-94W with authorized stay expiration date.
• Final order of exclusion, deportation, or removal issued as of June 15, 2012.
• A charging documentation placing you into removal proceedings.

Proof you continuously resided in the U.S. since June 15, 2007:

• Employment records. (Pay stubs, W-2 Forms, etc.)
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Birth Certificate of U.S.C. children
• Deeds, mortgages, rental agreement contracts

Proof of your Student Status at the time of Requesting Consideration of Deferred Action for Childhood Arrivals:

• School records (transcripts, report cards, etc.) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
• U.S. High School Diploma or Certificate of Completion
• U.S. GED Certificate

Politics

Republican response

Although politicians are divided on immigration issues related to DACA, presidential candidate Mitt Romney stated that he would honor the grants of deferred action approved under DACA until a more permanent legislation was put unto place. State-level government officials are also divided on the issue. Although they can't change the existing DACA program, governors are able to legislate the state benefits available to individuals under deferred action.

State-level legislation

Not all states have made a stance for or against DACA. Many governors are waiting for more statistics to become available as to how many applicants will actually be granted deferred action, before they adjust any existing legislation. However, some states, especially the border states, have already announced changes.

California

In order to assist those eligible under the program, the state of California has agreed to support those who receive a DACA grant by allowing access to a state driver's license, provided that such individuals participate in specific state guidelines (such as paying income taxes).

Arizona

Arizona became the first state to oppose President Obama's order for DACA when Governor Jan Brewer issued a counter-order which would prevent those with deferred status from receiving any state benefits. This has caused some controversy, as eligible and approved applicants would still be unable to obtain a driver's license.

Maryland

Baltimore's Mayor Stephanie Rawlings-Blake has chosen to open the city's doors to immigrants in order to help boost its dwindling population. The city boasts an executive order prohibiting officials from questioning an individual's immigration status, especially with regard to Maryland's Dream Act, which grants in-state tuition rates to "any student who graduates from a Maryland high school and comes from a family who has paid taxes."

Illinois

In a New York Times interview, Mayor Rahm Emanuel of Chicago stated that he wants to make Chicago the “most immigrant-friendly city in the country;” in addition to offering in-state tuition for immigrants, he has also made plans for an ordinance that would prevent undocumented immigrants with no criminal background from being turned over to immigration enforcement agencies.

Texas

Although in-state tuition is still offered, Governor Rick Perry announced his opposition to DACA by distributing a letter to all state agencies, meant "to ensure that all Texas agencies understand that Secretary Napolitano's guidelines confer absolutely no legal status whatsoever to any alien who qualifies for the federal 'deferred action' designation.”

Nebraska

State Governor Dave Heineman also joined in the opposition against DACA, confirming that the state "will continue its practice of not issuing driver's licenses, welfare benefits or other public benefits to illegal immigrants" regardless of deferred status.

Massachusetts

The governor has not yet made any large changes regarding their policy towards undocumented immigrants. However, the state's Hampshire University announced a scholarship that will pay the tuition for one undocumented immigrant every four years.

Michigan

In October 2012, the Michigan Secretary of State, Ruth Johnson, announced that Michigan will not issue drivers licenses or state identification of any kind to beneficiaries of Deferred Action for Childhood Arrivals because DACA individuals are not in the United States legally as state law requires.

External links

• The Economist. Out of the shadows: A first step to make young illegal immigrants welcome

• U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals Process

• U.S. Citizenship and Immigration Services. USCIS: Deferred Action for Childhood Arrivals

• The White House. Deferred Action for Childhood Arrivals: Who Can Be Considered?

• Department of Homeland Security. U.S. Department of Homeland Security: Deferred Action for Childhood Arrivals

• U.S. Citizenship and Immigration Services. DHS Outlines Deferred Action for Childhood Arrivals Process

• American Immigration Council. Deferred Action for Childhood Arrivals: A Q&A Guide (Updated)

• Deferred Action (DACA) Document Checklist.