Learn More About Deferred Action

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.

DACA is basically a prosecutorial discretion given to US security agencies like the Department of Homeland Security. It is exercised or enforced together with the United States Citizenship and Immigration services (USCIS). A person who meets the minimum requirements only needs to apply for DACA and provide the authorities with the required information.

DACA has very strict requirements. For instance, applicants must be less than 31 years old when submitting their applications. Only those who were less than 15 years old when they made their entry into the country can apply for DACA. The entry must also have been illegal. Those who entered the U. S. Legally, but their legal status expired before June 15, 2012, are also eligible for DACA. This only applies if the person continued to reside in the country illegally.

DACA applicants must satisfy several educational requirements to qualify. This is because DACA was not meant to benefit individuals who went to the United States to work or lazy around. It was written for individuals who went to the US to study and pursue a better life. An applicant must either be still in school or graduated high school. A GED may also be accepted. Those who were discharged honorably from the armed forces are also eligible.

When processing DACA, national security and public safety are usually given a priority. A person who can threaten the safety of Americans cannot be allowed to continue residing in the country illegally. The DHS will run a background check for any criminal history before approving any application. Local and international security agencies are normally involved in this screening process.

DACA provisions include deferral of removal or presecutorial action on an illegal immigrant to a later date. The law recognizes the presence of the illegal immigrant but cannot take action on that person for at least two years. Once this period expires, the individual may apply for renewal.

The USCIS and DHS cannot approve any application from a person who has a criminal history. Four misdemeanors or other criminal activity will lead to automatic disqualification. For these government agencies, public safety comes first.

DACA applicants must prove that they have been living in the US continuously since entering the country. School transcripts, street addresses and proof of residency in the country must also be provided. Original identification from the country of origin must also be availed when required by the authorities.




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