The Deferred Action for Children Arrivals, or DACA, refers to a program that was introduced in 2012 by the Obama administration. The program provides undocumented immigrants who meet specific conditions a chance to seek temporary protection against deportation. This applies even to individuals with a deferred case, as they are eligible to request employment authorization.
Under DACA, an individual has to show that he or she is an economic necessity for employment. The employment authorization applies for the period of deferred action.
In 2014, the government announced DACA to cover individuals above 31 years and included deferred action for American parents. These programs have since been suspended in Chicago and across the U.S. by the Trump administration. However, the programs may still apply to individuals who meet some set eligibility guidelines, as they are not affected by the court order.
Eligibility Guidelines to Meet to Avoid DACA Laws and Rules Suspension in Chicago
It is important to understand that the DACA program may still apply to individuals who meet the following requirements:
- Immigrants who were under 31 years of age as of June 15, 2012
- Must have entered the U.S before attaining the 16 years of age
- Must have lived in the United States since June 15, 2012, and approached USCIS DACA program consideration
- Must be an individual who has continuously resided in the U.S since June 15, 2012, up to the present day
- Must be an individual who did not have a lawful status on June 15, 2012
- Must be individual who has not convicted a significant misdemeanor, a felony, or other misdemeanors; thus, a person who do not pose a threat to public safety or national security
- Must be studying in the U.S, or have graduated and obtained a high school completion certificate. An individual with General Education Development (GED) certificate. Also, a veteran who has been honorably discharged from the United States military or Coast Guard.
What is the Fate of DACA Beneficiaries After the Suspension?
The federal program has delayed the punishment for illegal immigrants who entered the U.S before turning 16. This has brought some hope to most of the beneficiaries. The young individuals with the protection of DACA laws and rules and the advocates in Chicago can breathe a (temporary) sigh of relief.
According to the United States Citizen and Immigration Services agency (USCIS), DACA is still in place. This is because it is now operating as it did before the current president revoked the executive order by Obama on Sept. 5, 2017. But, it is important to note that the program only applies to young individuals seeking to renew the DACA status. This came as a result of a California federal circuit court decision to reverse the order by Trump to revoke DACA Rules and Laws. The court argued that Trump claims were not true as DACA program has grown out of a long history of relief plans meant for immigrants that date back to the Eisenhower administration.
Overall, the rescinding of the DACA program by the current administration has caused a lot of confusion to the beneficiaries. Most immigrants do not know what to expect. DACA beneficiaries are still entitled to enjoy the benefits of the programs as we await the decision from Congress on the matter. Contact David Freidberg Attorney at Law for further advice on DACA laws and rules in Chicago. We may be contacted at 312-560-7100.
(image courtesy of Nitish Meena)