The Deferred Action for Childhood Arrivals (DACA) Program was introduced in June 2012 and was implemented August 15, 2012. Within just one month of the program’s start date, the USCIS had reported that it had received more than 75,000 applications for deferred action status (DAS) and work authorization under DACA. Although experts had predicted that the USCIS would have more than 200,000 DACA Applications by November 6, 2012, the date of the Presidential election, the USCIS reported a slow down in the rate of DACA Applications submitted in the weeks leading up to the election. With President Obama winning his reelection bid in convincing fashion last week, DACA applications are on the rise again, as fears that a Mitt Romney administration would mean the end of the DACA program and perhaps even a Governmental backlash against thousands of DACA applicants have completely dissipated. The Obama reelection means security for the DACA Program going forward and should also reignite the national discussion over permanent Immigration Reform in earnest.
DACA began on August 15, 2012, as an answer to Congressional lethargy on Immigration Reform and repeated failure to pass the DREAM ACT. The administrative policy reform came as a welcome surprise to those it benefits, who had all but given up hope to attend college in the US, get a degree and fulfill their dreams in the US. There are an estimated 1,000,000 people living in the US who may potentially qualify for DAS and work authorization under the DACA Program, however, many did not rush to submit their applications prior to November 6, 2012, for fear that Mitt Romney, if elected, would not only dismantle the program but perhaps renege on the confidentiality provisions of the program and use information provided by applicants for prosecutorial purposes to “deport” applicants.
USCIS has rallied thousands of workers to deploy in adjudicating the DACA requests, all of which will be paid for based on the $465.00 filing fee each applicant must submit with his application. These USCIS employees are reviewing each application for deferred action status individuals who: (1) Came to the US under the age of 16; (2) have continuously resided in the US for at least 5 years preceding June 15, 2012 and remain present in the US; (3) are currently attending school, have already graduated high school or obtained a GED, or are honorably discharged veterans of the US armed forces or Coast Guard; (4) have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose any threat to national security or public safety; and (5) are not yet aged 31.
Any application made for benefits under this program, which include DAS and work authorization, require extensive, verifiable documentation that all criteria are met. USCIS has stated that it cannot guarantee that all requests for DAS will be granted and has made clear that DAS is not an amnesty, legal status, or path to Citizenship and confers no other legal rights.
Completed DACA applications have been reaching adjudicating officers for nearly three months now. Individuals who believe they may qualify for DAS Under this program are advised to gather any and all evidence tending to establish the 5 criteria outlined above and consult with competent counsel before submitting any application or documentation to DHS regarding their immigration status in the US.
Mr. Romney’s failure to offer more clarity as to his position on DACA than “I would prefer a more permanent solution,” caused legitimate concern among potentially qualified applicants as to the continued viability of the program. Romney’s failure to clearly state his position, along with other campaign statements suggesting that people should “self-deport” to solve the “illegal immigration problem” in the US obviously damaged his bid for the Presidency among immigrant voting blocs. America has shown its readiness for a more “permanent solution” and voiced its opinion by electing the candidate who promised to focus on meaningful immigration reform and showed his commitment by instituting the DACA Program in the absence of any Congressional action this past August.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
