Deferred Action for Childhood Arrivals or DACA is a prosecutorial discretion authority given to the USCIS and ICE by the Department of Homeland Security with the intention of deferring action on young illegal immigrants and making it possible for them to get work authorization in the US. While the action may only be temporary, renewal is done every two years. The order which came into effect on June 15, 2012, is not a pathway to citizenship and does not give legal status to an individual.
DACA has many requirements. However, the most important one is that the applicant must have entered the country before the age of 16 years. The person must have also been present in the country when the director of DHS issued the directive. Applicants who have lived in the US for long must not be over 31 years old. Some of the things that applicants must prove include their age, identity, nationality and the number of years they have stayed in the country.
The main objective of the deferred action law was to protect the public. Therefore, the relevant state agencies must run a background check on the applicant to determine if he or she has a criminal record. In a bid to ensure public safety, applicants who have had a felony conviction or charged with a serious misdemeanor do not qualify for deferred action.
The relevant government agencies must first make sure that a person does not pose a serious threat to the public before granting deferred action. It is a well known fact that there are very many people who meet the minimum requirements for deferred action. Many of them entered the country illegally while still very young.
Apart from having entered the US illegally as a minor, a person also needs to have continuously resided within the US borders for five years before applying for deferred action. On June 15, 2012 when the Director of DHS gave this directive, applicants for DACA must have been in the country in order to get any consideration. An important point to note is that deferred action is not guaranteed even if applicants meet all the minimum requirements.
DACA originated from the Department of Homeland Security. However, its implementation or enforcement is done by the United States Citizenship and Immigration Services as well as the Department of Immigration and Customs Enforcement. More information about DACA can be found on the DHS, USCIS and ICE websites.
Anyone who qualifies for deferral of action against them can apply for work authorization. Since the deferral of action against them is only valid for two years, the work authorization also lasts two years only. After this period, a person can apply for renewal subject to a background check among other things.
When it comes to DACA, the education qualification of the applicant is a very important consideration. Only those who are currently in school, obtained a GED, completed high school or retired honorably from the armed forces of the US or the Coast guard qualify for consideration. Generally, the relevant federal agencies will be looking to establish how useful a person is and the danger he or she posses to the government.
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Learn More About DACA Requirements
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