An important component of President Obama’s executive order is the expansion of the childhood arrivals deferred action program and the formation of a DACA-like program that addresses issues surrounding legal resident aliens and the undocumented parents of U.S. citizens.
Deferred Action for Childhood Arrivals (DACA)
The original Deferred Action for Childhood Arrivals (DACA) immigration policy came into being in 2012. It confers relief from deportation, and grants work authorization of two-yearly durations that can be renewed to undocumented immigrants who arrived in the United States as children, so long as they meet certain specified criteria.
Expansion of DACA
Under the executive action, the DACA program will be expanded to provide individuals who qualify with certain benefits including deportation relief and work authorization.
Deportation deferral and work authorization.
The program will be amended to provide deportation deferrals, and grant work authorization for a period of three years, rather than two years. USCIS states that the new three-year deferment will apply to all individuals who meet the requirements.
New Age Cap
The previous age cap has been eliminated, and the date-of-entry requirement has been changed. Previously, the onus was on DACA applicants to prove they have resided in the United States since the date of June 15th, 2007. Applicants must now demonstrate they have lived in the Unites States uninterrupted since January 1st, 2010.
How DREAMers will be affected
Under the DACA program, DREAMers have/will receive written correspondence notifying them that they will not be targeted by law enforcement. This notification provides assurances that these individuals will not be deported. This notification does not grant citizenship.
Contact us to learn more
Pursuing DACA can be complicated due to the wide variety of circumstances. If you are interested in finding out if you qualify for DACA, or would like to discuss your options, call Tucker, Nong and Associates or contact us online immediately.