The Hard Truths About Deferred Action

By Lila Bryant


Every single year, thousands of illegal immigrants enter the borders of the United States of America. For all these aliens, the worst that can happen is being discovered by the authorities and prosecuted. Usually, deportation is used as a remedy, but there may be other severe punishments. Fortunately for these aliens, the legislative arm of government passed the Dream Act in 2012. This law makes it possible for certain individuals who entered the country illegally to get a reprieve from deportation in what is known as deferred action.

DACA, as it is commonly referred to, was passed on June 15, 2012. It is more of a directive than a law. This instruction gives the immigration and national security agencies the powers to defer deportation of individuals who meet a certain criteria. However, there are strict requirements associated with this law.

In order to be considered a candidate for DACA, there are certain requirements that must be met. The date of entry into the country is a major requirement, and needs to be before the Dream Act came into existence. Secondly, the alien must have been below the age of 16 years during entry. Also, the candidate must have resided in the country for two continuous years before the law was enacted.

Very few people qualify for the deferral, but thousands of people apply. The reason is that, applicants who have exceeded 31 years of age are not eligible to apply for deferral. Other requirements include having a GED, graduating from high school or still pursuing education. Formerly recruited security personnel may also apply if they were honorably discharged.

DACA was designed for law abiding individuals only. After all, the agencies tasked with national security do not want any bad elements roaming freely within the US borders. If an applicant meets all the requirements but has a criminal history, he or she will be prosecuted immediately. The nature of the crime or misdemeanor is usually analyzed when processing applications.

The concerned authorities, at the time of application, will need some essential documents including; identification documents, date of birth, country of origin, entry date and proof of two-year continuous stay. Documents to support the information provided like school transcripts and a birth certificate are also important. However, that is not all since more information may be required from the applicants.

While DACA seems like a gift for illegal immigrants, it is not for everyone. It is also not a lifetime pass because it is only valid for two years. An extension may be sought upon expiry of this term. The authorities will still put the applicant under the microscope before granting a renewal. This means renewal is not a guarantee.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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