DACA is in the news once again, and it’s time for a refresher. Much of the following information comes directly from the USCIS website.
What Is DACA?
DACA stands for Deferred Action for Childhood arrivals. What it means is that DHS (Department of Homeland Security) will exercise prosecutorial discretion to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children.
Who Qualifies for DACA?
Individuals qualify for DACA if they meet all the following criteria:
• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making their request for DACA;
• Had no lawful status on June 15, 2012;
• Are currently in school, have graduated or obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
What Does DACA Provide?
DACA gives undocumented immigrants:
• protection from deportation for two years;
• a work permit for two years;
• a social security number.
• In most states, they can get a driver’s license.
What Can DACA Recipients Do and Not Do?
DACA Recipients Can:
• get temporary protection from deportation for two years at a time. Renewing ones DACA status and work permit costs $495. As of March 2023, the processing time for DACA renewals was 3–18 months.
• apply for a driver’s license in some states. The licenses are marked that they cannot be used for federal purposes, like voting.
• DACA recipients are required to pay federal income taxes.
• request Advance Parole to travel outside the US for humanitarian purposes, educational purposes, or job-related purposes.
DACA Recipients Cannot:
• receive amnesty, a path to citizenship, or legalization.
• vote.
• receive any federal benefits, like Social Security, college financial aid, or food stamps.
• travel outside the US without special permission.
Where Does DACA Stand Now?
The following information is from the Colorado Immigrant Rights Coalition (CIRC):
Yesterday, federal Judge Hanen ruled against DACA again. It is now up to the Fifth Circuit to decide the future of DACA and the case is likely to make its way back to the Supreme Court. Nothing has changed for DACA recipients with this latest decision. DACA renewals and Advanced Parole applications are still being accepted and USCIS is still not processing first time applications.
Our hearts go out to all of the DACA recipients and youth who are DACA eligible but denied access to the program because of the previous court rulings. It’s deeply frustrating to witness how much DACA recipients contribute to this country, working tirelessly to build their lives here, and still be denied the same basic rights as those who were born here. It is a glaring hypocrisy – the US wants the labor and contributions of immigrants, but won’t extend the very rights they deserve as residents of this nation.
What Can You Do?
Join me and CIRC in calling on the Biden Administration and Congress to take swift action to pass compassionate and comprehensive immigration reform for the millions of undocumented immigrants who contribute to the fabric of our communities and this country. DACA was never enough; Congress has had 10 years to do something about this and they haven’t. Their inaction is immoral and cruel. We cannot wait for the courts to decide the future of families. We need legislation that provides permanent security and a path to citizenship now!
Current DACA recipients are encouraged to keep renewing their DACA status. The cost to renew is $495 – you can donate to our DACA Renewal Scholarship to support a DACA recipient to pay their steep renewal fee. For more resources and to stay up to date you can visit CIRC’s website and our national partners’ like United we Dream, the National Immigrant Law Center, and Informed Immigrant.
I encourage you to not only sign on to the letter above, but also to watch this interview with CIRC employee, DACA recipient, and my friend, Nayda Benitez, here: https://www.youtube.com/watch?v=Uvxw3GN9RXM. The entire service honors Immigrant Sunday, or you can skip to 27:27 for the interview with Nayda.