Wednesday 9 October 2013

What You Need To Know About DACA

By Catalina Nielsen


DACA or Deferred Action for Childhood Arrivals is a prosecutorial discretion power given by the Department of Homeland Security to ICE and USCIS with the aim of deferring action against young illegal immigrants in order to make it possible for them to get work status in the U. S. The action is only temporary and is subject to renewal. The law came into force on June 15, 2012. It is important to note that this law does not provide legal status or offer a pathway to citizenship.

In order to qualify for DACA, the applicant must have entered the United States illegally while still a minor. The applicant must have immigrated to the United States before his or her 16th birthday. Only those who are less than 31 years old can apply for deferred action. Applicants must provide documentation proving their nationality, age, date they came to the U. S and where they have been living in the country.

Protection of the public is the main idea behind deferred action. When applicants submit their applications, the relevant state agencies will first run a criminal background check on the applicant. A maximum of three minor misdemeanors are allowed, but not a single felony conviction. Former convicts are considered to be a potential danger to the public, so the objective is to get rid of them.

The whole idea behind this deferred action rule is that children do not pose a significant threat to the American people. In fact, some of them meet the guidelines for consideration of delayed action. For instance, those who entered the US as minors and have continuously pursued their studies are seen to have met the qualifications for deferred action.

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.

It is important to note that the Deferred Action for Childhood Arrivals is a brainchild of the DHS. However, it is the departments of Immigration and Customs Enforcement services and the US Citizenship and Immigration services that enforce this directive. Individuals who are seeking additional information on the subject can visit the websites of the relevant federal agencies.

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.

The education qualification of the applicant is also an important consideration for DACA. An individual who is seeking deferral of action against them must either be in school, graduated high school or obtained a GED when applying. Those who have also been honorary discharged from the armed forces or US coast guard also qualify for consideration. Generally, the applicant must be seen as a constructive person who is living or pursuing the American way of life.




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