United States immigration policy is complex, and it can be confusing to navigate through the bureaucracy and understand how it applies to your own situation. Different groups receive varying levels of access, permissions and legal status, and this can mean the difference between gainful employment with legal status versus facing deportation.
The Deferred Action for Childhood Arrivals (DACA) is one of the most important pillars of US immigration policy, affecting millions of people in the United States. Created to give legal status and a right to work to those who qualify, DACA represents a temporary safeguard for a large part of the US population.
What is DACA?
Over the past several decades, millions of people from Central America, South America and other foreign nations have come to the United States, often not through an authorized process. In many cases, they have brought children, who then have grown up in the United States without a defined legal status.
DACA is an attempt to grant these young people some temporary protection and the ability to earn a livelihood. By applying for the DACA program, a qualified immigrant can receive immunity from deportation and authorization to hold a legal job in the United States for a limited period of time.
Who Qualifies For DACA?
DACA is a program specifically targeted at a small subset of the immigrant population as a whole. As such, it has well-defined and stringent standards for who does and doesn’t qualify for the program.
Since DACA is aimed at immigrants who came to the United States as children and have remained in the country for years, age and length of residency are important. In order to qualify for DACA, a person must have been born after June 15th, 1981, and must have come to the United States prior to their 16th birthday. Additionally, they need to have lived continuously in the country since June 15th of 2007 and must still be in the United States when filing the request.
Another key qualification is legal status. DACA is a program targeted at those without legal status, and so anyone with existing or prior legal status isn’t eligible for DACA.
In addition, DACA places a couple other eligibility standards, one based on education or service, and the other based on criminal history. To qualify for DACA, a person must either be enrolled in or have graduated from high school, have a GED, or have served in the US military. Finally, a person with a felony, a serious misdemeanor, or 3 or more misdemeanors is ineligible for DACA.
What Does DACA Provide?
It’s important to understand that DACA does not represent a path to citizenship, nor does it provide permanent protection or legal status. Instead, it is a temporary measure that grants certain privileges and protections while in effect.
A DACA term lasts two years, after which a person must apply for renewal. During the two-year window, a person is granted deferred status by the Department of Homeland Security, meaning that removal proceedings will not be initiated. Keep in mind, however, that this is not equivalent to legal status. A person in the DACA program is still considered an unauthorized immigrant, but DHS is suspending removal proceedings for the two-year window.
In addition to authorization to remain in the country, DACA also grants the recipient the right to request work authorization. This work authorization, if approved, will allow the recipient to gain employment in many jobs not accessible to unauthorized immigrants.
DACA remains a cornerstone of US immigration policy, protecting hundreds of thousands of people to this day. Understanding the protections, privileges, qualification standards and limits of the program is the key to a productive life within the United States for countless immigrants.
