Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA)

This article relates to Children of the Land

In his memoir Children of the Land, author Marcelo Hernandez Castillo recounts applying for and receiving DACA. This is a temporary immigration status that alleviates some of his worst fears about being deported as an undocumented college student.

Deferred Action for Childhood Arrivals (DACA) is a program administered by the United States Citizenship and Immigration Service (USCIS). It started in 2012, under President Obama, and is sometimes called the "Dreamers" program. DACA allows a very narrow category of people who are immigrants to remain in the USA on a temporary basis while their permanent status is being decided. The program has defined a class of individuals who were brought into the USA as children and remained past their visa (or never held valid travel documents to begin with) as "Childhood Arrivals."

While the program has processed nearly a million applications and approved over 800,000 total, it has in recent years been challenged by the executive branch, some members of Congress and the courts. In June 2020, the Supreme Court ruled against the Trump administration's attempt to abolish DACA in the case Trump vs. NAACP.

Lauded as a great success by many, DACA has conferred temporary rights to young immigrants who successfully applied and qualified. DACA recipients may attend public colleges in most states, apply for financial aid, qualify for in-state tuition in most states, take a test for a driver's license, gain access to health insurance and obtain a work permit with a valid social security number. DACA permits must be renewed every two years. Those with DACA status are employed in a wide range of jobs and professions, and add to their communities both in economic terms and myriad socio-cultural ways.

Statistics from USCIS show that as of September 2019, more than 650,000 persons currently hold valid DACA permits. While a majority are from Mexico or Central America, "Dreamers" hail from more than 100 nations that include African, Asian and European countries. Approximately 53 percent identify as female and 47 percent as male, with less than one percent not defined. Ages of current DACA holders range from under 16 to 38. The current distribution of permits may change if the program opens up to new applicants after court challenges are resolved.

There are particular qualifications for young people to be able to apply for DACA. One of the main requirements is to have arrived in the USA before one's 16th birthday. Applicants must be able to prove this using school enrollment or other official records. In addition, under current DACA laws, applicants must have been present in the USA as of June 15, 2012, and every day since August 15, 2012 (the date DACA was started). Therefore, childhood arrivals from anytime after August 15, 2012 are not qualified for DACA (although they may be eligible for other immigration programs). Anyone applying for DACA must be currently in school, have graduated from high school, hold a GED, or be honorably discharged from the U.S. armed forces. To be considered, applicants need to have a record clean of felony convictions and significant misdemeanors.

Emotional, economic or other barriers discourage many young people—who might otherwise qualify—from applying. These include the cost of the application (currently $495), insecurity about revealing private information on family members who may not have legal status, lack of educational qualifications (having dropped out of high school, for example), feeling marginalized as LGBTQ+, missing paperwork that establishes an arrival date, inability to prove consistent presence in the USA and other fears.

Because of the complexity and variety of immigration situations that young people and their families live with, experts advise people to consult reputable legal help to navigate their immigration options. For example, USCIS.gov offers tips to avoid scams and find qualified attorneys. While attorney fees can be expensive, some services may be offered free or at low-cost. Several reputable nonprofit advocacy groups including the National Immigration Law Center, United We Dream and RAICES (The Refugee and Immigrant Center for Education and Legal Services) offer confidential services and can provide attorney referrals and more information about various immigration pathways—including DACA.

Although DACA and the Supreme Court case deciding its fate only concern temporary status and rights, a possible long-term solution is on the horizon. The American Dream and Promise Act of 2019—which would establish a clearer and more supportive path to citizenship—has been introduced in Congress, where it will undergo debate and perhaps become law, allowing hundreds of thousands of young people to find security as they build their lives in the United States.

Photo: New York City protest against rescission of DACA on September 9, 2017, by Rhododendrites via Wikimedia Commons

Filed under Society and Politics

This "beyond the book article" relates to Children of the Land. It originally ran in February 2020 and has been updated for the September 2020 paperback edition. Go to magazine.

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