Deferred Action For Childhood Arrivals

By Tracie Knight


Illegal aliens who entered the United States in their childhood are eligible for DACA if they meet certain requirements. DACA basically means deferred action for childhood arrivals. It is a law that came into force with the passing of the Dream Act a few years ago. The law was passed on June 15, 2012, so it only applies to those who sneaked into the country before this date.

DACA has as many opponents as proponents. While some people think that all illegal immigrants should be deported, many legislators think that there are some few individuals who should be given a chance to continue living, studying or working in the United States. Deportation of these dreamers should therefore be postponed to a later date, according to these legislators.

This prosecutorial discretion, DACA, can only be exercised by the DHS in collaboration with the USCIS (US Citizenship and Immigration Services). When an application is received from an illegal immigrant, it is processed and the authorities may ask for more details if some of the key pieces of information are not clear.

There are very many requirements that must be satisfied before DACA can be granted. For one, the applicant must not be older than 31 years when filing the application. Secondly, the applicant must have entered the United States as a child before this law was enacted. A child, in this case, refers to a person who is less than 16 years old. Proof of continuous presence for the two years leading up to 15th June, 2012, must be provided. Those who continued to reside in the US after expiry of their legal status can also apply for DACA.

Educational qualification is an important requirement when it comes to DACA. Applicants must have at least obtained a GED, high school diploma or be actively pursuing these qualifications. Honorable discharge from the military or coast guard is also an acceptable qualification.

There are some security issues that must be addressed during processing of DACA applications. For instance, applicants must not pose any type of threat to national security. Those who are considered to be a threat to public safety cannot have their application approved. The DHS, together with other national security agencies will run a background check on every applicant before approval.

What DACA provides is only a deferral or postponement of prosecution. This deferral only applies for two years. Once this grace period lapses, the illegal immigrant must renew, remove themselves voluntarily from the US or be forcefully deported. Provided no violation of the set conditions has occurred, renewal can be obtained easily.

Applicants who have committed several serious misdemeanors or felonies in the past should expect their application to be rejected. This is because agencies that are responsible for public safety and security of the nation cannot allow aliens with criminal history to continue living in the country.

To qualify for DACA, applicants must produce evidence of their continuous stay in the United States since gaining illegal entry. Proof of physical presence in the country, school transcripts and original identification from the country or origin may also be needed. The authorities may also ask for a birth certificate.




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