DACA/DAPA
Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) offer certain immigrants protection from immediate deportation and other benefits. Learn more about these policies, how they affect America, and our work to strengthen them below.
Understanding DACA’s Education Requirement
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More
Are You Really Too Old for DACA?
It is past time to clear up an oft-repeated misconception about President Obama’s deportation deferral program called Deferred Action for Childhood Arrivals (DACA): it is simply not true that individuals must be under 31 to be eligible for DACA. Any individual born after June 15, 1981 is within—and shall remain within—DACA’s age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA. The age requirements apply to initial applications as well as renewals, and one of the only things we know about renewals is that no one will age out. As a result, there currently are individuals in their early thirties who are eligible for DACA, and assuming the program continues on, over time, greater numbers of DACA recipients will be over 31. Yet, some news articles and even flyers for legal clinics mistakenly assert that people under 30 or 31 don’t qualify—this gets the age ceiling wrong and also implies that individuals can age out of eligibility. Read More
Questions About Traveling Abroad Confront DACA Recipients
Getting approved under President Obama’s Deferred Action for Childhood Arrivals (DACA) program for DREAMers carries many benefits. DACA recipients get a renewable two-year reprieve from the threat of deportation, work authorization, the ability to receive a social security number, and, in all but two recalcitrant states where the issue is being litigated, a driver’s license. Importantly, DACA recipients can also apply for permission to travel abroad. This spring, the government issued welcome guidance regarding requests for permission to travel. Nonetheless, important questions and concerns about travel linger, including risks of traveling abroad even with permission. Read More
Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?
Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So do some 48 organizations and 53 individuals who signed on to “friend of the court” briefs submitted to the California Supreme Court. Of the three opposing arguments filed, two came from individuals but the other came from an unexpected source: the Department of Justice. Not only did DOJ voluntarily weigh in with a hypertechnical argument that is tone deaf to the current debate over undocumented status in this country, but it took the same position in a Florida case involving a lawfully present and work-authorized recipient of Deferred Action for Childhood Arrivals (DACA), Jose Godinez-Samperio. Even if there was a good legal argument for opposing admission of an unauthorized immigrant to the bar, the rationale makes little sense in the context of an individual who is a DACA beneficiary. In both cases, however, the result DOJ seeks would lead to less socio-economic inclusion of the very immigrants the Obama administration seeks to protect. Read More
Positive Gains for DACA Recipients Seen at One-Year Anniversary
Today marks the first year anniversary of the implementation of the Deferred Action for Childhood Arrival (DACA) initiative and there are overwhelmingly positive outcomes to celebrate as well as important lessons to learn. According to the most recent statistics, USCIS has received 573,704 applications since the program was implemented a year ago. Of those, 430,236 have been approved. Submission and approval rates aside, the one year anniversary of the program also offers an opportunity to look back at DACA’s impact on the lives of the young people who received it. Read More
How DACA is Impacting the Lives of Those Who are Now DACAmented
As Congress continues to debate immigration reform, August 15th marks the one-year anniversary of the Deferred Action for Childhood Arrivals (DACA) program. While not granting a path to legalization and citizenship, DACA provides an opportunity for a segment of the undocumented immigrant population to… Read More
New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action
Washington, D.C. – The American Immigration Council, American Immigration Lawyers Association (AILA), the Immigration Advocates Network (IAN), and the Own the Dream campaign are proud to announce the launch of a new “Pocket DACA” app for smartphones and tablets that will help immigrants brought to this country as children understand… Read More
International Youth Day Highlights Children Impacted by Immigration
In 1999, the United Nations designated August 12 as International Youth Day in order to highlight children’s opportunities, challenges and contributions on the world stage. This year, the focus is on the migration of young people, in order to raise awareness of the positive contributions made by young immigrants as well as the many risks and dangers that children face whose migration is caused by war, poverty, persecution, or unjust migration policies. The United States has examples of both, including the numerous success stories of immigrants who came to the U.S. as children, as well as the accomplishments of many unauthorized DREAMers and DACA recipients. Unfortunately, this is also a day to point out the negative impact that current immigration policies have on some of the most vulnerable migrants. Read More
Anti-DACA Lawsuit Dismissed!
Crane v. Napolitano, the lawsuit brought by Kris Kobach on behalf of several ICE officers opposed to implementing the Deferred Action for Childhood Arrivals (“DACA”) program, was dismissed today on procedural grounds in a U.S. district court in Texas. The court held that the Civil Service Reform… Read More
Happy Birthday DACA!
A year ago, President Obama announced the DACA program from the steps of the White House Rose Garden. The announcement marked a victory for thousands of undocumented immigrant youth whose courage and activism inspired the Administration to take action. Since that day, over half a million young immigrants have come forward under DACA to seek relief from deportation and to secure work authorization. Read More
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