What is DACA?

If your parents brought you to the United States without legal documents when you were a child, you may qualify for DACA, or Deferred Action for Childhood Arrivals.  The program was created by President Barack Obama in 2012 and implemented with a USCIS memo entitled “Exercising prosecutorial discretion with respect to Individuals who came to the United States as children.   The DACA program provided many benefits to the childhood arrival recipients, aka “Dreamers,” who received protection from deportation/removal proceedings and work authorization.  The DACA program did not provide a direct path to citizenship, nor did it provide advance parole travel authorization.

Is DACA still available?

The DACA program has recently been in the news a lot because it came under attack by President Donald Trump, who called on Congress to address the issue legislatively.   Congress has failed to act on DACA as of the time of writing this piece.   The courts initially blocked a full removal of DACA benefits so that only renewal applications could be accepted by the USCIS.  But a Federal Court recently reinstated DACA in its entirety.  As such, DACA is currently available for those who are eligible for initial applications and renewals.  However, the program is still considered in a state of limbo because the Federal government has reserved its right to appeal the decision.

Call Pilehvar Law today for your free consultation on the evolving DACA rules, your eligibility, and to apply for or renew your work authorization.