Recently, President Obama authorized the Deferred Action for Childhood Arrivals policy that allows certain undocumented immigrants to temporarily remain in the United States and be granted work permits. As many as 1.7 million young immigrants may be eligible to qualify under the policy.
While DACA allows eligible individuals to work legally in the U.S., the policy does not provide a path to citizenship. Some immigrant advocates and critics of the policy warn that coming forward under the DACA may expose undocumented family members who are not currently able to remain in the U.S.
Deferred Action for Childhood Arrivals
Under the DACA policy, an undocumented immigrant may be granted a "deferred action." According to the American Immigration Council, a deferred action means the Department of Homeland Security has deemed an individual a low priority for immigration enforcement and exercises its discretion by not deporting the individual. Deferred action allows an individual to obtain permits that allow the individual to work legally in the U.S., and the status may also allow an individual to acquire a driver's license, Social Security card, and qualify for certain social programs. However, deferred action status is separate from actions needed to acquire citizenship.
Deferred action only provides temporary relief from enforcement and can be revoked at any time. An individual approved for deferred action will not be granted a green card or be in line for U.S. citizenship. Moreover, deferred action is not amnesty, and it does not extend to any family members of the person granted status. Successful applicants must reapply every two years, and a person who fails to qualify for a deferred action cannot appeal the decision.
To obtain the narrow rights provided under DACA, applicants must meet a list of requirements. Individuals may request deferred action status if they:
- Came to the U.S. before turning age 16
- Were under age 31 and had no valid immigration status on June 15, 2012
- Have continuously resided in the United States between June 15, 2007 and the present
- Are currently in school, graduated from high school, obtained a GED, or were honorably discharged from the Armed Forces
- Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
There are also application fees for the program. Each applicant must pay a fee of $465, and if an individual gains deferred action status and wants to travel abroad, the individual will need to apply for permission to re-enter the country and pay $360.
Critics of the policy say the creation of DACA comes at a time of heightened immigration enforcement and because of that context and the documentation requirements of the program, the process to gain deferred action status may expose the applicants and families to a risk of deportation. Applicants are asked to provide documents that prove identity, such as birth certificates, school transcripts, passports and medical records. The Department of Homeland Security has said the information provided by applicants will "generally" not be used to track down other family members. However, critics argue that, when eligible individuals who live with their family provide their address, they also provide the address of all family members who may not have proper documentation.
An experienced immigration attorney can address any concerns about deportation and help provide a roadmap to obtaining a desired immigration goal.
