DACA is short for Deferred Action for Childhood Arrivals. It is a kind of administrative relief from deportation that began during President Barack Obama’s administration. The aim was to provide legal relief to protect eligible immigrant youth who came to the United States when they were children from deportation. It also gives them a work permit. It was meant to last for two years, subject to renewal.

There are not a lot of lawsuits against DACA per se but against DACA’s termination. On September 5, 2017, the Trump administration announced that it was terminating the program which gave rise to many lawsuits. As of this writing, there are several courts that already ordered the U.S. Citizenship and Immigration Services (USCIS) to act on the applications pending litigation.

You are eligible for DACA if you comply with the following eligibility requirements – age, continuing physical presence, studies, and no felony conviction.

The age requirement is very specific. You are DACA eligible if as of June 15, 2012, you were under the age of 31 and before you turned 16, you are already in the United States. You must be in the United States already before your 16th birthday. Keep in mind that the USCIS will check your birth records and all other evidence of age.

The continuing physical presence is also a requirement. You must prove that you lived continuously in the United States from June 15, 2007 until the present (or at the time of your application. You must also be physically present in the United States on June 15, 2012 and at the time you apply. Your entry into the United States is without proper documentation or your lawful status expired as of June 15, 2012.

For those who are still young upon application to DACA, you are eligible if you are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military. You may also show proof that you are studying at a technical and trade school completion also qualifies.

Finally, a requirement that is most often used to deport DACA grantees is the fact that you have not been convicted of a felony. You must not bear any record of certain significant misdemeanors. A single conviction of driving under the influence (of drugs or alcohol) can derail your application. You must not be convicted, at any time, or three or more misdemeanors of any kind. To know more about the levels of crimes, you must contact your attorney.

If you are a first-time applicant, you should know every single proof of your eligibility will be put into question. While a recent Supreme Court Decision required the USCIS to restore the program and accept new applicants, there is yet to be action coming from them. If you are eligible for DACA, you may use the following documents to prove your eligibility:

A. Proof of Your Identity and Date of Birth

To prove your identity and date of birth, you must present the following documents:

• Birth Certificate – this may be coming from your original country, legal validation requirements still apply depending on the laws and treaties that your country is a part of.
• Passport – to show proof of both your identity and date of birth.
• Consular I.D./National I.D./Cédula – if available.
• School ID

B. Proof That You Were Physically Present in the U.S. on June 15, 2012

Physical presence is hard to prove, but you can show the following documents to help you out.

• A verifiable, formal document with your name and the date 6/15/2012; or
• An official document with your name and a date just before 6/15/2012, and another dated just after 6/15/12. This may come in the form of credit card receipts for credit cards under your name, bank statements, pay check stubs, school records, video footage and some photo evidence are also used by others (but is not a legal requirement, it only helps to show further corroborating evidence)

C. Proof You Had 5 Years of Continuous Residence in the U.S. from June 2007 up to the Present time.

• You may provide proof of 1 document for every three months from June 2007 through to the present month to show your continuous residency. You may show any of the following documents, such as:
  • School Records – showing proof that you are also studying;
  • Financial Records – your tax payments are a good financial indication, you should also show some of your bank statements, your credit card bills, rent receipts, utility bills, and even phone bills;
  • Employment Records – you may show your contract, your pay stubs, attendance at company events, and the like;
  • Medical Records – you must also show your records or physicals, vaccination records, prescriptions, dental records among others; and
  • Personal statements and attestations may also be shown as proof.

D. Proof That You Were In School (And All Related Requirements)

You may show the following documents to show proof that you were studying:

• School Transcript or Report Cards if currently studying;
• High School Diploma or GED Certificate; or
• Military Discharge Papers

E. Proof That You Have No Criminal Conviction Or That You Are Not A Threat to National Security/Public Safety

• • For this requirement, it is up to the USCIS to check your records. You will be fingerprinted and your prints will be run into the database. You will also be made the subject of a background check of all juvenile records, police, records, and immigration records. They will also be checking your driving record from DMV, state criminal background check results, FBI background check results, administrative records and the like.
  • For the fingerprinting, the applicant will receive a receipt by mail that contains your receipt number and an appointment notice to get your fingerprints taken for a background check.

Final Steps To Remember:

After fingerprinting, the USCIS will conduct a very thorough examination of you and your records. They may, however, ask you to submit additional information before they make any final decision. Keep in mind that the approval of DACA can take as long as several months. In some cases, it may take five weeks.

If you are applying for DACA, the first thing that you should do is to contact a qualified lawyer. This step is also the first step that you should take when renewing your DACA. Collect as much evidence as you can for your renewal and be ready to fill up the following forms:

• Form I-821D – Consideration of Deferred Action for Childhood Arrivals;
• Form I-765 – Application for a Work Permit;
• Form I-765WS – Worksheet explaining your economic need to work; and
• Copy of front/back of current Work Permit.

You must then submit all supporting documents with a fee of $495.00. Payment should be done using a check or money order payable to the Department of Homeland Security.

You are still eligible for DACA even if you are over the age of 31. You cannot age out of the program, keep this in mind. You are also still eligible if you have graduated or are studying at a different school or program.

You must apply for DACA renewal at least 150 days before your DACA expires. According to most previous applicants, the USCIS is now accepting applications more than 150 days prior to the expiration date and up to 364 days prior to the expiration date. Hence, you may apply a year before your DACA expires. Make sure that you apply before the expiration because you may lose your protection from deportation. Keep in mind that once your DACA expires, you no longer have any valid work authorization, and your unlawful presence in the United States may be taken against you.

It depends. To apply for DACA, there is the current filing fee of $495.00.

It could only be reduced since the length of the benefit can get shortened.

The Wolf Memo is officially known as the Reconsideration of the June 15, 2012 Memo Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children“. It was released by the Acting Secretary of Homeland Security Chad F. Wolf.

It was announced that in response to the Supreme Court’s decision, the Department of Homeland Security (DHS) will take action to thoughtfully consider the future of the DACA policy. This includes considering whether or not it is time to fully rescind the program.

During the reevaluation of the DACA program, the Department of Homeland Security announced that they are making the following policy changes to DACA:

• Reject all initial requests for DACA and associated applications for Employment Authorization Documents;
• Reject new and pending requests for advanced parole absent exceptional circumstances; and
• Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

To summarize, there are four areas of concern that is related to DACA:

• The first one is the fact that even if the DACA policy is a mere temporary measure, Congress already had enough time to afford those entitled to it a permanent immigration status or relief. However, despite the considered lapse of time, Congress failed to act on it. The Memorandum also stated that even as a unilateral executive action, the DACA policy necessarily lacks the permanence of statutory law; it is more akin to a stopgap measure. In a way, even if the recipients are granted a certain level of protection, they still do not get any lawful resident status or a path towards citizenship.
• The second one is the level of discretion exercised by DHS personnel in implementing the DACA policy. Wolf stated that he was “concerned that doing so may tilt the scales in deciding which aliens should receive deferred action and may inhibit individualized consideration of each case, at least for a non-enforcement policy of this scal”
• The third one is focused on the fact that DHS is a law enforcement agency, The Memorandum states that “DACA makes clear that, for certain large classes of individuals, DHS will at least tolerate, if not affirmatively sanction, their ongoing violation of the immigration laws. I am deeply troubled that the message communicated by non-enforcement policies like DACA may contribute to the general problem of illegal immigration in a manner that is inconsistent with DHS’s law enforcement mission.”
• Finally, the Wolf Memorandum is concerned as to the fact that the DACA policy would not apply to children brought to the United States after the periods set by the DACA law. There is a contrast against previous policy that requires further assessment.

If you do not renew your DACA permit, you may get deported or face deportation proceedings.

If you are holding an expired DACA eligibility, you should renew as soon as possible. A recent pronouncement made is that all DACA requests will not be proactively provided to the U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) for the purpose of immigration enforcement. Hence, if you do not renew your DACA permit and you are caught with an expired one, you may face deportation in as quick as 24 hours upon apprehension.

Yes, the social security number that you received already belongs to you and is exclusive to you. This is now your official social security for all matters. Your housing, education, and banking needs and transactions must always use this unique number.

If you have an expiring work permit, it is not your responsibility to inform your employer. You are not under any legal obligation to notify your employer upon expiration of your work permit. The employer is the one responsible for making sure that all of their employees are authorized to work.

It is, however, your responsibility to make sure that if your employer asks for a new work permit, you produce a new one. Your employer can terminate you if you fail to produce one after giving you reasonable opportunity to present one.