Wednesday, October 27

What is DACA and how does it work, the program that protects “dreamers” from deportation

(CNN Español) — Created in 2012, the Deferred Action for Childhood Arrivals (DACA) program protects thousands of young immigrants who arrived or stayed in the United States illegally before their 16th birthday from deportation. . In addition, DACA also offers beneficiaries, known as dreamers (dreamers) work authorization.

As of December 2020, the U.S. Citizenship and Immigration Services (USCIS) reported a total of 636,390 DACA recipients, who are nationals of more than 195 countries. A majority of dreamers they come from Mexico (81%), followed by El Salvador (4%), Guatemala (3%), Honduras (2%) and Peru (1%).

According to the organization Center for American Progress, On average, DACA recipients arrived in the United States in 1999, at the age of 7, and more than a third entered the United States before their fifth birthday.

However, DACA does not offer a path to citizenship, as there are currently limited avenues to allow unauthorized immigrants to acquire green card or green card permanent resident status. green card, compared to those who entered legally, for example, with a temporary visa. By 2019, about 76,000 DACA recipients became Legal Permanent Residents (LPRs). Permanent residence is an instance prior to applying for citizenship, with the requirement of living in the country with this status for five continuous years.

Over the years, a series of bills have been considered to adjust the immigration status of DACA recipients, but after the severe blow that DACA suffered in 2017 when the government of then President Donald Trump announced the cancellation of the program, A decision that was blocked by the Supreme Court, efforts to offer a path to citizenship have not materialized.

In March, a bill called the American Dream and Promise Act passed the House of Representatives. If also passed by the Senate, this legislation would provide dreamers a path to citizenship, as well as for beneficiaries of Temporary Protected Status (TPS) and beneficiaries of Deferred Forced Departure.

The law is in the hands of the Senate, just as the ninth anniversary of the DACA program is celebrated, so Vice President Kamala Harris asked her former colleagues in the Legislative Branch to advance a bill that offers the dreamers permanent immigration status in the US “It is vitally important that we provide a path to citizenship, to give people a sense of certainty and security”, Harris said.

However, in mid-July federal judge Andrew Hanen ruled that the DACA program was illegal, blocking new and future applicants, without immediately canceling current permits for hundreds of thousands of people.

Following this decision, Vice President Harris told a group of DACA recipients at the White House today that the administration is “taking steps” to protect the dreamers against deportation, noting that while last week’s federal ruling “will not immediately affect current DACA recipients, it will also put hundreds of thousands of immigrant youth at risk.”

US Vice President Kamala Harris meets with DACA recipients, Dreamers without DACA status, and leaders fighting for immigrant rights in her ceremonial office on July 22, 2021. Harris met with the group in the wake of of a Texas District Court decision restricting protections for children of undocumented immigrants that were established during the Obama administration. (Photo by Win McNamee / Getty Images)

“We need Congress to finally create a path to citizenship,” adding: “Last night I spoke with Senator Durbin on this very issue, and we stand in solidarity with this issue, which is he will not give up on this fight.”

“Through the US Department of Justice, we have announced our intention to appeal the decision, and that is a process,” said the vice president. “And the Department of Homeland Security (DHS) has announced that it will propose a new rule regarding DACA, which is very important because it is about enforcement. The status quo of young immigrants living with uncertainty [pasando] from one case to another is just wrong. “

“I want to make it clear to dreamers who are here, and to those who are watching from home, this is their home, this is their home, and we see them and they are not alone. “

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Here we explain what DACA is, who is eligible, and what modifications it has had over the years.

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How did DACA come about?

Barack Obama announced the creation of the Deferred Action for Childhood Arrivals program on June 15, 2012 in a speech from the White House. His Secretary of Homeland Security, Janet Napolitano announced that the deportation of those under the age of 31 would be postponed to that day, who had arrived in the United States before their 16th birthday and who had lived in the country continuously since June 15. 2007.

Beneficiaries can stay in the country, obtain a work permit, and obtain health insurance from their employers.

Why are they called dreamers?

The term dreamers It comes from the DREAM Act bill, which offered legal status in exchange for attending college or joining the Army. This bill was first introduced in 2001 and the latest version was rejected in the Senate in December 2010.

However, the name stuck and when the Trump administration decided to end DACA, the term dreamer it was heard a lot in the corridors of Congress.

Who is eligible for DACA?

To apply for DACA benefits, you must meet the following eligibility criteria:

  • Have been under the age of 31 as of June 15, 2012.
  • Have come to the US before the age of 16.
  • Have continuously resided in the US from June 15, 2007 to the present.
  • Have been physically present in the US since June 15, 2012, and at the time of filing the request for Consideration of Deferred Action with the USCIS.
  • Not have had legal status as of June 15, 2012.
  • Currently in school, graduated from, or earned a high school completion certificate or General Education Development (GED) Certificate.
  • Be an honorably discharged veteran of the US Coast Guard or armed forces.
  • Not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
  • In no way constitute a threat to national or public security.

How can I apply for DACA?

Note: In view of the decision of the United States District Court July 2021 for the Southern District of Texas, DHS will continue to accept initial and renewal applications for DACA, as well as applications for employment authorization. However, the agency is prohibited from granting initial DACA applications, as well as any accompanying employment authorization applications. DHS will continue to grant or deny DACA renewal requests, in accordance with existing policy.

To apply for or renew DACA, it is necessary to complete the form for Consideration of Deferred Action for Childhood Arrivals (I-821D), an Application for Employment Authorization (I-765) and a Worksheet (1-765WS). The first two forms must be filed simultaneously with the USCIS.

The USCIS offers a series of guides for filling out the forms I-821D and I-765. However, both are only available in English.

The application, which includes a fee of US $ 85 for biometric services, has a total cost of US $ 495, according to the USCIS. There are limited cases of fee waivers. You can check them on the website of the USCIS.

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Timeline of important facts about DACA

September 10, 2021: President Joe Biden’s administration appealed the Texas court ruling that DACA was illegal, kicking off the appeals process in the Fifth Circuit Court of Appeals, an extremely conservative appellate court.

July 22, 2021: Vice President Kamala Harris met with a group of DACA recipients at the White House and indicated that the administration is “taking steps” to protect dreamers against deportation. “I want to make it clear to the Dreamers that they are here, and to those who are watching from home, this is their home, this is their home, and we see them and they are not alone,” Harris said.

July 16, 2021: A federal judge in Texas determined that DACA, which protects certain undocumented immigrants from deportation, is illegal, thus blocking new applicants.

June 2021: On the ninth anniversary of DACA, Vice President Kamala Harris calls on her former Senate colleagues to advance a bill to give permanent immigration status to US citizens. dreamers.

March 2021: The House of Representatives passes HR 6, the American Dream and Promise Act of 2021, introduced by Democratic Rep. Lucille Roybal-Allard of California. This bill would provide a path to citizenship of the dreamers, as well as for TPS beneficiaries and beneficiaries of Deferred Forced Departure. The legislation provides that up to 4.4 million people will be eligible for permanent residence, according to the Migration Policy Institute.

January 2021: Biden signs a presidential memorandum instructing the Secretary of Homeland Security, in consultation with the Attorney General, to take steps to preserve DACA. Biden’s proposed immigration legislation would include an immediate path to citizenship for program beneficiaries.

December 2020: USCIS is re-accepting initial applications for DACA under the terms in effect as of September 5, 2017, and in accordance with the court order issued on December 4. Likewise, DACA renewal petitions are accepted again, and deferred action grants – protection from deportation – under DACA, as well as employment authorization, are extended to two years.

June 2020: The Supreme Court blocks the Trump administration’s attempt to end DACA. The court’s ruling will allow DACA recipients to continue renewing membership in the program that offers them work authorization and temporary protection against deportation.

September 2017: Attorney General Jeff Sessions Announces DACA Void. “The program is unconstitutional,” Sessions told a news conference, adding that President Donald Trump was doing what he promised in the campaign.

June 2012: Barack Obama announces the creation of the Deferred Action for Childhood Arrivals (DACA) program. “Now, let’s be clear. This is not amnesty, this is not immunity. This is not a path to citizenship. It is not a permanent solution. This is a temporary stopgap measure that allows us to focus our resources wisely while providing a degree of relief. and hope to talented, motivated and patriotic young people. It’s the right thing to do. ” said Obama on June 15, 2012 from the White House.

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Catherine E. Shoichet and Tal Kopan contributed to this report.

Editor’s note: This note was originally published in June 2021 and updated in July 2021.

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