The DACA (Deferred Action for Childhood Arrivals) program recently passed the 10-year anniversary of its implementation in June 2012. Put in place during the Obama administration, the DACA program has immensely grown, allowing thousands of young immigrants to seek out their dreams in the United States. The deferred action program delays the deportation of individuals commonly referred to as “Dreamers” who were brought by into the United States when they were children. Under the DACA ruling, Dreamers are not considered citizens but are granted access to necessary benefits including a driver’s license, social security number, and work permit.
While the requirements for DACA eligibility are lengthy, it seeks to help Dreamers who have called the United States their home since before they were 16. Being approved for DACA status allows these Dreamers to continue to achieve their dreams while remaining protected from deportation.
In the past few years, the program has prevailed on several legal challenges from state governments. As of now, DACA remains lawful and will continue to serve as a deferred action for young individuals seeking temporary residency in the United States.
DACA FAQs
In honor of the 10 year anniversary of DACA, we have outlined 10 common questions pertaining to the program. This list is not exhaustive of all DACA criteria and concerns. We recommend speaking with a DACA attorney for further information on how these scenarios relate to your individual circumstances.
What is the new law for DACA?
The final ruling of DACA in October 2022 essentially codified the existing precedent established under the Obama administration. It also clarified that a person’s juvenile convictions or delinquencies do not automatically disqualify them for DACA protection. Read further on these updates here.
Is DACA accepting new applications (2022)?
Currently, the USCIS is not processing any new DACA applications due to the ongoing litigation. However, they are still accepting any applications and revisit them in the future.
Any new renewal requests for the DACA status will be accepted and processed, along with applications for work authorization and advance parole for current recipients. The USCIS will process these renewal requests even if the prior grant of DACA has expired.
Does DACA require sponsorship?
The DACA program itself does not require recipients to have a sponsor. However, working recipients who are considering applying for a green card may be able to use employment-based sponsorship to do so.
Are DACA students citizens?
DACA does not grant citizenship to Dreamers as it is a deferred action program but it acknowledges them as “lawfully present.” DACA recipients who seek citizenship status should consult an immigration attorney to determine the next steps. International individuals who are not DACA recipients but are considering studying in the United States should look into a student visa.
Can DACA recipients get student loans?
Due to the fact that DACA recipients are not U.S. citizens, they may not be eligible for federal loans. However, recipients may apply for private loan programs and certain scholarships.
Can DACA students study abroad?
DACA recipients attending a college or university in the U.S. may be eligible for a study abroad program. If they choose to do so they must complete a form I-131, Application for Travel Document, and receive prior approval before departing.
Can DACA recipients get a real ID?
DACA recipients may be eligible for an identification card depending on their state of residency. It is advised to check your state’s Department of Motor Vehicles to determine their requirements for a driver’s license.
Can DACA recipients get unemployment?
Individuals with DACA status may hold a work permit, but that does not always mean jobs will be readily available. DACA recipients with an authorized work permit may be eligible to file for unemployment benefits if they lose their jobs or are unable to find work. Eligibility will vary by state so it is important to consult the Department of Labor’s website to adhere to each state’s guidelines.
Can a DACA recipient get a green card through marriage?
A DACA recipient may obtain a green card by marrying a United States citizen if the marriage is done so lawfully. DACA status will not impact the process. After being granted a green card, they may thereafter be eligible to apply for U.S. citizenship as the spouse of a U.S. citizen.
Can DACA recipients join the military?
Individuals with a DACA status are currently barred from the military. Earlier this year, the “Fight for the American Dream Act” was introduced which seeks to allow recipients to join and serve in the military if they choose. The legislation is still pending at this time.
Read More on DACA
DACA status may look different for each individual depending on their circumstances. DACA recipients may choose to work, attend a university, or pursue other paths in life, emphasizing the “Dreamer” name. While complex, the program ultimately aims to protect young individuals from being deported from the only home they have ever known.
Read further on the program and how to proceed with the process here.
Speak With a DACA Attorney Today
If you are considering filing a DACA application or are a current Dreamer considering the renewal process, it is important to review the program thoroughly. A DACA attorney will work firsthand with you to ensure all paperwork is filled out correctly, and all procedures are lawfully followed.
The DACA program is known to grant dreams to many young immigrants, and Reeves Immigration Law Group prides itself in helping individuals achieve those dreams. Speak with a DACA attorney today to share your story.
