Frequently Asked Questions About DACA

What is the Deferred Action for Childhood Arrivals (DACA) program? 

DACA is a 2012 presidential memorandum from the Obama Administration that extends renewable deferred deportation and work permit eligibility to immigrants who were brought to the United States as minors. The deportation deferral must be renewed every two years.

Felonies or serious misdemeanor convictions could result in the revocation of a DACA recipient’s protected status.

Was DACA rescinded?

The Trump administration attempted to phase out DACA multiple times. Several court cases resulted in injunctions against DACA’s dissolution, including the Supreme Court case Department of Homeland Security v. Regents of the University of California in June 2020.

The Supreme Court’s reversal of the DACA phase out had nothing to do with the legality of DACA itself and was instead due to the finding that the action qualified as “arbitrary and capricious” under the Administrative Procedure Act.

DACA was formally reenacted on the Biden Administration’s first day (January 20, 2021). On July 16, 2021, a Southern District of Texas judge ruled the creation of DACA was illegally implemented. However, the court also put a temporary stay on the order to vacate the DACA memorandum as it pertains to people who received DACA protection prior to July 16, 2021.

That leaves many DACA recipients and people who want to gain DACA protection in a difficult and often confusing legal position.

Can I get DACA protection?

The U.S. Citizenship and Immigration Services is still accepting both first-time requests for DACA consideration and renewal requests for existing DACA recipients. As of now, the Department of Human Services is not granting initial requests for DACA employment authorization due to the July 16, 2021 order.

DACA is in a precarious legal position currently, so if you or a loved one require deportation deferral renewal or you require assistance with employment authorization under DACA, contact The Cotto Law Group.

Does DACA include a path to citizenship?

DACA does not include an eventual path to citizenship. The proposed DREAM Act would have served a similar function and included an eventual path to citizenship if qualified recipients met certain conditions. The DACA memorandum is believed to have been implemented primarily because the 2011 attempt to pass the DREAM Act failed.  

Who can be considered for DACA protection?

In order to be eligible for DACA consideration you must have:

• Been under the age of 31 when the initial DACA memorandum was signed on June 15, 2012
• Arrived in the United States prior to your 16^th birthday
• Resided continuously in the United States since June 15, 2007
• Been physically inside the United States on June 15, 2012, and when you apply for DACA consideration
• Never had legal status prior to June 15, 2012, or had your lawful immigration status expire prior to June 15, 2012

Are new immigrants eligible for DACA?

No – you would only be eligible for DACA consideration if you were in the country on June 15, 2012.

Is there a path to citizenship for immigrants in the United States?

Yes, but it’s not always easy. Only legal residents in the United States qualify for citizenship through naturalization. It is the only path to citizenship available for most foreign-born adults.

In order to qualify for naturalization consideration, you must first either:

• Reside legally in the United States for at least five years
• Reside legally in the United States for at least three years while being married to a U.S. citizen for at least three years
• Serve honorably in the U.S. Armed Forces for at least one year

U.S. military veterans seeking naturalization must apply for naturalization within six months of their honorable discharge.

Get Answers to Your Immigration Questions in Duluth, Georgia

The Cotto Law Group is proud to be a fixture in Duluth’s Spanish speaking community. We regularly help residents deal with all types of immigration issues, including DACA applications, renewals, employment authorizations and naturalization applications. If you have any questions about DACA eligibility or the legal status of minors, don’t hesitate to call us at (770) 817-7581. All consultations are confidential.