The Return of the DACA Program

DACA

The Deferred Action Program for Childhood Arrivals DACA, for its acronym in English, was created in 2012 by President Obama to protect thousands of undocumented youth who entered the country with their parents being children from deportation.

President Donald Trump, successor to President Obama, ordered the freezing of this program in 2017, which is why the Citizenship and Immigration Service paralyzed the receipt of new applications.

Defenders of immigrant rights managed to keep the program partially active through legal resources, ensuring that the renewals of existing applications could continue to be processed; yet thousands of new applicants were affected by this change in immigration policy.

In December 2020, a new change occurs in DACA, but this time it’s positive for young immigrants, due to an order issued by Federal Judge Nicholas Garaufis, which dictates that the program must return to its original guidelines, as they had been established by Obama in 2012.

Here we explain a little more about the current status of the DACA Program and what young “dreamers” can expect with their return.

What benefits can be obtained with the DACA Program?

Under US immigration policies, this program doesn’t grant official status or the benefit of citizenship, but allows those eligible for it to legally live and work in the US.

Currently, the Immigration Reform introduced by the Administration of President Joe Biden, seeks to improve immigration conditions for “dreamers” and if approved, they could even obtain US citizenship immediately in the future.

What does the original DACA Program contemplate?

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The DACA Program was issued through an executive order by President Barack Obama as a temporary measure, after the U.S. Congress failed to pass the DREAM Development, Relief and Education for Alien Minors Act, for its acronym in English.

Originally DACA is a renewable program, based on good behavior, that allowed young undocumented immigrants to not be deported and to obtain a 2-year work permit.

Immigrants could apply if they met the following requirements:

  1. Be under the age of 31 as of June 15, 2012.
  2. Have come to the US under the age of 16.
  3. Live in the US since 2007.

With the court order issued in December 2020, all these aspects are back in effect, since the USCIS is obliged to re-receive and process new applications according to the original guidelines of the program.

What is the current status of DACA?

The attempted repeal of the DACA Program was deemed by the US Supreme Court as “arbitrary and capricious” and as a violation of Federal Law. It’s for that reason, that in December 2020 it was ruled that first-time DACA applicants, who meet the requirements, can submit an application.

When the program is restored to its original state, it’s contemplated that the extension of the applications for Deferred Action and the employment authorizations under DACA, granted for 1 year, will once again be 2 years.

Likewise, the “dreamers” can again resort to the benefit of the “Advance Parole”, authorization that allows them to leave the country if necessary, through Form I-131: Application for Travel Document.

What is expected of the DACA Program under President Biden’s Administration?

President Biden with his Immigration Reform aims to improve the legal conditions for DACA recipients and their families.

To ratify the commitment to the “dreamers”, on January 20, 2021, President Biden signs the Executive Order “Preserving and Strengthening Deferred Action for Youth”, which makes clear the support that the current administration has for the DACA program.

It’s expected that, if the Immigration Reform introduced by President Biden is approved, in the future, the Program can serve as a direct bridge towards obtaining citizenship and that it can improve the protection and security conditions of the beneficiaries, as well as well as those of their relatives.

 

If you are in the United States and you consider that you meet all the requirements to be eligible for the DACA Program, it’s an excellent option that you have the advice of an immigration attorney, who will keep you abreast of changes in immigration policies and it will instruct you on how these can be useful when processing your application.

At Tramites de Inmigracion USA Corp we put at your disposal a legal team made up of highly qualified lawyers specialized in Immigration Law, who will guide you step by step so that you can successfully complete your immigration process.

If you are eligible, applying for DACA may be your best option! Don’t miss the chance!

Contact us at 1 (786) 776-7152 or 1 (786) 786-5088. Call now!

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