Learn More About DACA Eligibility Requirements

By Tiffany Gill


In an effort to revamp the country's immigration enforcement system, the government has come up with DACA. Deferred Action for Childhood Arrivals is a directive to the DHS giving it powers to delay removal of illegal immigrants. This prosecutorial discretion is exercised by the Department of Homeland Security in together with other government agencies that deal with citizenship, customs and immigration. In this directive, immigrants who got into the United States illegally may be allowed to continue residing in the US if they meet certain requirements.

Anyone who has kept a clean record after getting into the United States illegally as a minor before mid June, 2012, can apply for deferred action. However, applicants must have gone to school or joined the armed forces. Applicants must be able to prove that they were continuously present in the US for the two years leading up to 15th June, 2012. Every application will be analyzed separately and the appropriate authorities can decide whether or not to take removal action against the applicant.

In order to qualify, candidates must have been less than 31 years of age on 15th June 2012 when the law came into force. The applicant must not have any criminal record or pose any threat to public safety or national security. While residing in the country illegally, the applicant must have acquired a high school diploma, higher qualification, or currently working to achieve that qualification.

Only those who entered the country illegally without inspection before the 15th of June, 2012 qualify. If your lawful immigration status expired before this date, and you never sought renewal, your application may be considered by the appropriate government agencies. It is important to note that any childhood arrival after the law was enacted does not qualify for DACA.

Those who formulated this policy were of the opinion that there are individuals who got into the country illegally, but have since done all they can to fit into the American society by going to school or seeking gainful employment, and have never committed a serious misdemeanor or a felony. The formulators of the policy thought these people should not necessarily be deported immediately. They should instead be given an opportunity to finish what they are doing and decide what they want afterwards.

When removal action is deferred, the applicant must renew it after two years because DACA is only valid for two years. Failure to get renewal will lead to immediate deportation. During renewal, the same eligibility requirements are considered. If the applicant has committed a felony or a serious misdemeanor since the deferral was granted, the deferred action will not be renewed.

When providing information for DACA consideration, applicants need to be open and truthful. Any lie may lead to immediate removal action. They must also provide proof of identity, age, nationality, date they entered the country and places they have lived in since they came into the country. If all the key pieces of information are provided, then the application will be considered.

DACA is a bold step by the government towards reforming its immigration laws. Many deserving candidates have already had removal action deferred since the law came into force. The DHS, immigration, citizenship and customs departments are committed to protecting Americans within the country's borders.




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