On September 28, 2021, DHS issued a proposed regulation which attempts to satisfy the concerns of a Federal Judge in Texas who ruled in July that the Obama lacked the authority to establish the DACA program.
On July 16, 2021, a Federal Judge in Texas ordered the government to close the DACA program to new applicants. He ruled that the Obama Administration did not have the authority to implement the program without Congressional approval.
However, persons who have already qualified for DACA can remain on the program while the government appeals the Judge’s ruling. Here is a link to the text of the Judge’s ruling.
The Deferred Action for Childhood Arrivals (DACA) program was initiated by former President Obama on June 15, 2012. The program protects certain undocumented persons who were brought to the United States as children from deportation. Additionally, persons who qualify for DACA can get work permits (Employment Authorization Documents) and, in some cases, international travel permits (Advance Parole).
In order to qualify, applicants must meet the following requirements:
- Be under 31 years of age on June 15, 2012;
- Have first come to the US prior to their 16th birthdays;
- Have lived in the US since June 15, 2007;
- Be physically present in the US on June 15, 2012 and on the date of the application;
- Not be in lawful immigration status on June 15, 2012;
- Be currently studying or have graduated from high school, earned a GED or have an honorable discharge from the US Armed Forces or the Coast Guard; and
- Have not be convicted of a felony or DUI, or convicted of a “significant misdemeanor” or 3 or more misdemeanors of any kind.
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On President Biden’s first day in office, he reinstated the DACA program by issuing an Executive Order entitled Preserving and Fortifying Deferred Action for Childhood Arrivals.
The Executive Order provides that “In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation’s immigration laws against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military.”
“DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.”
DACA Success Stories
End of Program? – Frequently Asked Questions
- Screening Potential Requestors for Other Forms of Relief (AIC)
- Without Action, More DACA Recipients Than Ever Before Could See Their DACA Expire in October (8-15-19)
- DACA 2017 Announcement (USCIS)
- DHS – Rescission of Deferred Action for Childhood Arrivals (9-5-17)
- DHS Memo on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- DHS – Frequently Asked Questions on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- Acting DHS Secretary Duke’s Statement on the Repeal of Deferred Action for Childhood Arrivals (9-5-17)
- Attorney General Session’s Letter Advising DHS to Rescind DACA
Do I Qualify for DACA?
- Executive Actions on Immigration (2-11-15)
- USCIS Deferred Action for Childhood Arrivals (11-20-14)
- Renewals – Plus DACA to Green Card
- Using Facebook to Support Your Application
Forms and Instructions
- Don’t Let Your Work Permit Expire; Follow These DACA Renewal Tips
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-821D Instructions
- Form I-765, Application for Employment Authorization
- Form I-765 Instructions
- Form I-765 Worksheet
- Form G-1145, E-Notification of Application/Petition Acceptance
- How to Apply for Social Security (SSA)
News Stories
- Biden Proposes Regulation to Shield Dreamers (9-27-21)
- Bipartisan pair of senators reintroduces immigration reform bill protecting ‘Dreamers’ (2-04-21)
- Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (7-28-20)
- Judge orders Trump administration to accept new applications (7-17-20)
- Trump says he’ll sign order with ‘road to citizenship’ for DACA recipients (7-10-20)
- Supreme Court blocks Trump from ending the program (6-18-20)
- USCIS Releases Report on Arrest Histories of Illegal Aliens who Request DACA (11-16-19)
- Supreme Court May Side With Trump On ‘DREAMers’ – NPR (11-13-19)
- Supreme Court to Hear Arguments on DACA on November 12, 2019
- Supreme Court Turns Down Trump’s Appeal in ‘Dreamers’ Case (2-26-18)
- Batalla Vidal v. Nielsen – US District Court in New York Enjoins Administration from Ending Program for DREAMERS (2-13-18)
- Regents of the University of California v. DHS – US District Court in California Enjoins Administration from Ending DREAMERS Program (1-08-18)
- Who is a Typical Dreamer? (9-06-17)
- Trump Administration Announces End of Immigration Protection Program for Dreamers (9-05-17)
- Letter from 20 States to President Trump Urging Him to Maintain the Program for DREAMERS (7-21-17)
- Bipartisan DREAM Act Introduced in the Senate (7-20-17)
- Letter from 10 States to Attorney General Sessions Demanding that He Discontinue DREAMERS Program (6-29-17)
- Statement by DHS Secretary Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA (2-17-15)
- USCIS Will Begin Accepting Requests for Expanded DACA on February 18, 2015 (1-29-15)
- Who Said Your Immigrant Client Cannot Get Credit for Social Security Payments (11-1-14)
- Are You Eligible for a Scholarship? (11-21-13)
- Scholarships Student Resource Guide for 2013 (11-21-13)
- Smartphone App Launched to Help Illegal Immigrants Avoid Deportation (8-14-13)
- Happy Birthday DACA: Program Offers Hope for More Limits on Deportations (8-14-13)
- ACLU Sues Michigan for Prohibiting Licenses to Deferred Action Youth (12-19-12)
- Documenting the Undocumented Life (10-4-12)
- Flood of Applications, Trickle of Approvals (9-28-12)
- First Approvals Issued by USCIS (9-11-12)
- 5 Issues Employers Should Know About Deferred Action for Childhood Arrivals (9-11-12)
- How The Deferred Action Immigration Program Went From Dream To Reality (8-19-12)
- Obama’s Lead Increases in Swing States With Latino Votes (6-22-12)
- GOP Senators Send Obama a Letter Challenging New Policy (6-19-12)
- Obama Administration Steps up for DREAMers (6-19-12)
- Deferred Action: Smart and Sensible Immigration Policy (6-15-12)
- Obama to Stop Deporting Some Young Illegal Immigrants (6-15-12)
Practice Advisories
- Resources on Deferred Action for Childhood Arrivals (8-07-19)
- Screening Potential Requestors for Other Forms of Relief (09-05-17)
- Deferred Action for Childhood Arrivals (11-18-15)
- Advance Parole for Deferred Action Recipients (8-26-13)
- “Brief, Casual and Innocent” Absences from the U.S. (AIC) (1-29-13)
- Inspection and Entry at a Port of Entry: When is There an Admission? (AIC) (1-29-13)
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Carl Shusterman
Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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