What You Need To Know About The Dreamers Act And DACA

By Serena Price


On 15th June, 2012, the Dreamers Act was passed, giving rise to DACA, which is an acronym for deferred action for childhood arrivals. U. S. Citizens as well as illegal immigrants in the country had mixed reactions about this new law, with some people thinking that the government had failed them, while others thought that the law was a step in the right direction. Lawmakers formulated this law to help aliens who have been living in the United States for several years to get legal recognition.

The requirements for DACA are explained in great detail in the Dreamers Act. Since the law has very many requirements, only a handful of illegal immigrants can qualify. For instance, those who entered the U. S. After the law was enacted cannot apply for deferred action. Also, anyone who was 16 years old or older cannot qualify. Only those who immigrated illegally as children may apply.

Despite popular belief, deferred action cannot be equated to temporary residency. It cannot also lead to citizenship or permanent residency once granted. What it does is give legal recognition to the presence of an illegal immigrant and delay their prosecution to a later date. It is important to note that a person will still be considered an illegal immigrant, but cannot be deported until a later date.

An important point to note about deferred action is that it only applies to childhood arrivals. Applicants who arrived in their adulthood, or after marking their 16th birthday, will be prosecuted if found by immigration officers. Another key point to note is that only applicants who were less than 31 years old when the law was enacted may be considered for deferred action. Applicants must provide the relevant federal agency with evidence that they were continuously present in the country for the two years leading up to June 15, 2012.

This law was formulated and enacted with public interest in mind. Therefore, anyone who poses any threat to public safety does not qualify for deferred action. For instance, any person who has a criminal history does not qualify for deferral of removal action. A criminal background check must be done when applications are being processed.

According to lawmakers, there are two types of illegal immigrants. The first kind got into the country while already in their adulthood to find greener pastures. This category of immigrants should be prosecuted because they have several legal options for getting into the country. The second category of illegal immigrants got into the country as minors and went to school in the U. S. These individuals should be allowed to complete their studies.

There are many documents that must be submitted together with the application form for deferred action. This may include school transcripts, proof of identity and nationality, proof of continuous stay in the country, a street address and any other type of evidence that may be required. Applicants should be truthful when filling forms and answering questions.

Applicants are advised to work with immigration attorneys when applying for DACA. These legal professionals have all the information a person may need to successfully apply for deferred action. A lawyer can also help out with the paperwork and offer tips when seeking deferred action




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