Immigration Reform

DACA

What Is DACA

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

Under the new rules, persons wishing to apply deferred action (DACA) must meet each of following criteria:

  •    •   are under 31 years of age as of June 15, 2012;
  •    •   came to the U.S. while under the age of 16;
  •    •   have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five year period, brief
  •        and innocent absences from the United States for humanitarian reasons will not be included);
  •    •   entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
  •    •   were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of
  •        deferred action with USCIS;
  •    •   are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the
  •        Coast Guard or armed forces;
  •    •   have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind;
  •        and do not pose a threat to national security or public safety.

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