The DACA program, Deferred Action for Childhood Arrivals, was established in 2012 in the United States to benefit young people who arrived in the country before the age of 16 in 2012. DACA grants them work permits, protection against deportation and the possibility to live legally in the US for two years, renewable. Applicants must meet certain requirements, such as having arrived before the age of 16, being in school or having a diploma, and not having serious convictions. In 2022, new applications were suspended, but renewals for those already in the program continue to be accepted.
Timeline of important facts about DACA
- June 2012: Former President Barack Obama announces the DACA (Deferred Action for Childhood Arrivals) program to provide temporary protection to young people who came to the US before the age of 16.
- September 2017: The then Secretary of Justice, Jeff Sessions, announces the repeal of DACA.
- June 2020: The Supreme Court blocks the Trump administration's attempts to end DACA, allowing the program to be renewed.
- December 2020: USCIS is once again accepting initial applications and renewing DACA grants, extending employment protection and authorization to two years.
- January 2021: President Joe Biden signs memorandum to preserve DACA and proposes legislation for a path to citizenship for recipients.
- March 2021: The House of Representatives passes the American Dream and Promise Act, which would provide a path to citizenship for Dreamers and other groups.
- July 2021: A federal judge in Texas declares DACA illegal and blocks new applications.
- September 2021: The Biden administration appeals the ruling and begins the appeals process.
- August 2022: DHS announces final rule to continue DACA and provide two-year renewable work permits.
How did DACA come about?
The Deferred Action for Childhood Arrivals (DACA) program was announced by Barack Obama on June 15, 2012. This program allowed the suspension of deportation for young people under the age of 31 who arrived in the United States before the age of 16 and had lived continuously in the country since June 15, 2007. Beneficiaries can remain in the country, obtain work permits, and access employer-provided health insurance.
Why are they called dreamers?
The term "dreamers" comes from the DREAM Act bill, which sought to provide legal status in exchange for attending college or joining the Army. Although the DREAM Act did not pass, the name stuck and was widely used when the Trump administration attempted to end DACA, sparking discussions in Congress over the fate of recipients.
Who is eligible for DACA?
To apply for DACA benefits, you must meet the following eligibility criteria:
- Have been under 31 years of age as of June 15, 2012.
- Having arrived in the US before the age of 16.
- Have continuously resided in the US from June 15, 2007 to the present.
- Have been physically present in the US since June 15, 2012, and at the time of submitting the request for Consideration of Deferred Action to USCIS.
- Not having had legal status by June 15, 2012.
- Currently be in school, have graduated, or obtained a high school completion certificate or a General Education Development (GED) Certificate.
- Be an honorably discharged veteran of the Coast Guard or the US armed forces.
- Not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
- Not constitute in any way a threat to national or public security.
How can I apply for DACA?
To apply for or renew DACA, you must complete Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Worksheet I-765WS. These first two forms must be submitted together to USCIS. The application includes a fee of $85 for biometric services and a total cost of $495, with limited fee waiver cases available. Despite the suspension of new applications, renewals for those who were already part of the DACA program continue to be accepted, according to the July 2021 US District Court decision for the Southern District of Texas.
The DACA program is aimed at people who came to the United States before the age of 16 and were under 31 years of age as of June 15, 2012. They must demonstrate continuous residence from June 2007 to the present, having lived in the US. for at least 5 years before June 2012, be in school or have graduated from high school (or equivalent), be honorably discharged veterans of the US Coast Guard or Armed Forces, and have no felony convictions , significant misdemeanors nor more than three non-significant misdemeanors on your criminal history.
What is the process for filing a DACA petition in Los Angeles?
To begin a DACA filing process in Los Angeles, it is essential to evaluate the applicant's eligibility, collect all required documents, and manage the application accurately and completely. This involves completing necessary forms, such as Form I-821D to apply for or renew deferred action (DACA) and, if necessary, Form I-765 to obtain an Employment Authorization Document (EAD). Despite the temporary pause in processing new applications, submitting your application may put you among the first to be processed once DACA services resume. It is advisable to have the advice of lawyers specialized in DACA to ensure a correct and timely presentation.
Do you need to renew your DACA application?
If the expiration date of your DACA application is approaching and you want to renew it, follow these recommendations:
- Seek legal advice to guide your renewal process, ensuring you have the necessary documents, meet filing dates, and make payment of fees in a timely manner.
- Start the renewal process well in advance, preferably between 120 to 150 days before the expiration date of your DACA.
- Continue to meet the requirements that were required in your initial application.
- Avoid leaving the country without obtaining a valid travel permit.
- Maintain your continuous residence in the United States since the approval of your DACA.
- Make sure you maintain a clean criminal record, with no convictions for felonies or misdemeanors.
- Complete and pay the filing fees for the forms required for renewal.
What are the benefits of DACA in Los Angeles?
The DACA initiative offers valuable benefits that guarantee a dignified life in the United States:
- Protects young immigrants without legal documentation from deportation for two years.
- Provides a work permit and temporary social security number.
- Allows you to obtain an identification document.
- Makes it easier to obtain a driver's license.
- Offers benefits to continue higher education.
- Allows you to apply for health insurance through social services (Medi-Cal).
What are the filing and renewal fees for DACA in Los Angeles?
The United States Citizenship and Immigration Services (USCIS) establishes the fees to apply for or renew DACA in 2023:
- Form I-821D and Biometric Services: $85 dollars.
- Form I-765 and I-765WS: $410 dollars.
These fees can be paid via money orders, personal or cashier's checks, credit or debit cards to the USCIS designated treasury department.
Is DACA approval at risk if I have a legal record in Los Angeles?
Yes, criminal records can impact DACA approval. One of the essential requirements to apply for DACA or its renewal is not to have convictions for serious or significant misdemeanors. If you are interested in the DACA program and have a criminal record, it is crucial to seek legal counsel for representation and defense, which can help avoid a conviction and increase your chances of approval as authorities evaluate whether you pose a risk to public safety. from the country.