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Friday, May 2, 2014

All About Deferred Action For Alien Minors

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.

There are as many critics of DACA as there are proponents. Some legislators are of the opinion that every illegal immigrant should be prosecuted and hauled back to their home country. On the other hand, some legislators think that children who went to the US to live a better life and enjoy the American dream should not be victimized for being dreamers.

DACA gives the USCIS and DHS prosecutorial discretion in cases involving illegal immigrants. Instead of deporting illegals, these agencies can defer that action for two years if the person in question meets the set criteria. However, that person must apply for the deferral and attach supporting documents. DACA approval is not the right of an individual so the authorities can choose to reject or approve an application.

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.

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.

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.

Continuous presence in the country for the 2 years leading up to the enactment date of this law is a requirement. Applicants must be able to prove this. School transcripts, birth certificate, national ID from the country of origin and any other relevant document must be produced when filing the DACA application.




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