A Comprehensive Overview On DACA Program Explained in the United States

 
The Deferred Action for Childhood Arrivals (DACA) program is one of the most discussed and debated topics in U.S. immigration policy. Designed to protect undocumented immigrants who arrived in the United States as children, the program has provided hundreds of thousands of individuals with temporary relief from deportation and the ability to work legally in the country. Since its inception in 2012, DACA has played a significant role in the lives of many young immigrants, known as "Dreamers," yet its future remains uncertain due to political and legal challenges. This blog post will provide an in-depth explanation of the DACA program, its background, eligibility requirements, application process, benefits, and ongoing challenges.

##Introduction to DACA
The Deferred Action for Childhood Arrivals (DACA) program was established by an executive order under President Barack Obama on June 15, 2012. The program is aimed at individuals who were brought to the United States as children without legal authorization and have grown up in the U.S. Since its introduction, DACA has provided these individuals, often referred to as Dreamers, with protection from deportation and the ability to work legally in the United States.

DACA, however, is not a path to permanent residency or citizenship. Instead, it provides temporary relief from deportation and grants work authorization for renewable two-year periods. The program is rooted in the belief that individuals who were brought to the U.S. as children should not be penalized for actions taken by their parents and that they have built lives in the U.S. that contribute to the country’s economy and society.

##Historical Background of DACA
The origins of DACA can be traced back to the larger immigration debate that has taken place in the U.S. over several decades. The idea of providing legal status to undocumented immigrants who arrived as children, often referred to as the Dream Act, was first introduced in 2001 by Senators Dick Durbin and Orrin Hatch. The Dream Act sought to create a pathway to citizenship for certain undocumented immigrants who met specific requirements, such as attending college or serving in the military. However, despite repeated attempts, the Dream Act failed to pass through Congress.

In the absence of legislative action, the Obama administration took the initiative to create the DACA program through executive action. This decision was a response to mounting pressure to address the growing population of undocumented immigrants who had lived in the U.S. for much of their lives. The DACA program was an attempt to provide temporary relief to this group while advocating for long-term legislative solutions.

##What is DACA?
DACA is a form of deferred action, meaning that it allows the government to delay or defer deportation proceedings against certain individuals. Under the program, eligible individuals receive a work permit and are protected from deportation for a period of two years, after which they can apply for renewal. DACA does not grant legal status, permanent residency, or citizenship, but it provides a vital form of temporary relief to those who would otherwise face the threat of deportation.

To date, DACA has been one of the most important executive actions related to immigration policy in the U.S., providing temporary protection to individuals who were brought to the U.S. as children and grew up in the country.

##Eligibility Requirements for DACA
To be eligible for DACA, individuals must meet several criteria. These include:

Age: The applicant must have been under the age of 31 as of June 15, 2012, and must have arrived in the U.S. before the age of 16.

Residency: The individual must have continuously resided in the U.S. since June 15, 2007, and must have been physically present in the U.S. on June 15, 2012.

Educational and Military Service Requirements: Applicants must be currently enrolled in school, have graduated from high school, or have obtained a GED. Alternatively, they must have served in the U.S. military.

Criminal History: DACA applicants must not have been convicted of a felony, a significant misdemeanor, or more than one misdemeanor. They must also not pose a threat to national security or public safety.

Proof of Identity and Residence: Applicants must provide proof of their identity, such as birth certificates, passports, or other forms of government-issued identification, as well as evidence of continuous residence in the U.S.


Meeting these eligibility requirements does not guarantee approval, as each case is assessed individually.

##How to Apply for DACA
Applying for DACA involves several steps, including the submission of forms, providing evidence, and paying the application fee. The following is a general outline of the application process:

Form I-821D: The primary form to apply for DACA is Form I-821D, which is the Consideration of Deferred Action for Childhood Arrivals form. This form must be completed in full and submitted to U.S. Citizenship and Immigration Services (USCIS).

Form I-765: Applicants must also submit Form I-765, which is the Application for Employment Authorization. This form allows applicants to apply for a work permit.

Form I-765WS: If the applicant is applying for work authorization, they must submit Form I-765WS, the Worksheet that supports their claim for economic need.

Proof of Eligibility: Along with the forms, applicants must submit documents that demonstrate their eligibility, such as school transcripts, military records, and proof of continuous residence in the U.S.

Fee Payment: As of 2021, the application fee for DACA is $495, which includes the processing fee for both Form I-821D and Form I-765. Fee waivers may be available for individuals who can demonstrate financial hardship.

Once the application is submitted, applicants may be required to attend a biometrics appointment for fingerprinting and background checks. The application process can take several months, and applicants are notified once a decision has been made.

##Benefits of DACA
Although DACA does not provide a pathway to permanent residency or citizenship, it offers several important benefits to recipients:

Work Authorization: One of the key benefits of DACA is the ability to work legally in the U.S. DACA recipients are granted a work permit, which allows them to obtain employment in any field. This opens up greater economic opportunities and enables individuals to contribute to the U.S. economy.

Protection from Deportation: DACA provides temporary protection from deportation for individuals who meet the eligibility criteria. While DACA does not grant legal status, it effectively defers removal proceedings for recipients for two years, after which they can apply for renewal.

Access to Social Security and Driver’s Licenses: DACA recipients are eligible for Social Security numbers and, in many states, driver’s licenses. This allows individuals to build a credit history, obtain car insurance, and access other essential services that are typically difficult for undocumented immigrants to secure.


##Challenges and Criticisms of the DACA Program
Despite its benefits, DACA has faced significant criticism and challenges from various sides of the political spectrum.

##Legal Challenges
DACA has been the subject of numerous legal challenges, with opponents arguing that it was an overreach of executive power and that it should have been enacted through legislation, not executive order. The program has been challenged in court, with some rulings ordering the cessation of new DACA applications. The U.S. Supreme Court ultimately ruled in 2020 that the Trump administration's attempt to end DACA was unlawful, but it did not address the legality of DACA itself, leaving the program in a state of uncertainty.

##Policy Shifts and Uncertainty
Since DACA was introduced, there have been significant shifts in policy. The Trump administration sought to dismantle DACA, and while some of those efforts were blocked by the courts, the future of DACA remained uncertain throughout his presidency. Under the Biden administration, there has been an effort to strengthen DACA and provide more protection to recipients, though challenges in Congress and the courts continue to create a climate of instability for Dreamers.

##DACA Under Different Administrations

Obama Administration: DACA was introduced under President Obama’s administration in 2012. The program was part of Obama's broader immigration reform agenda, which aimed to protect vulnerable immigrants, particularly those who were brought to the U.S. as children.

Trump Administration: President Trump took a hardline stance on immigration, and his administration sought to end DACA. In 2017, Trump announced that the program would be phased out. However, legal challenges from advocacy groups and states led to a stay on the policy, and in 2020, the Supreme Court ruled that Trump’s attempt to end DACA was illegal.

Biden Administration: Under President Joe Biden, there has been an effort to protect and expand DACA. The Biden administration has sought to create a pathway to citizenship for Dreamers, although such proposals have faced significant resistance in Congress.


##Future of DACA
The future of DACA is uncertain. While the Biden administration has expressed strong support for the program, legislative and legal hurdles remain. Efforts to codify DACA into law through the Dream Act or other immigration reform bills have faced resistance from Republican lawmakers. In the courts, challenges to the legality of DACA persist, with some states calling for its end. As a result, Dreamers continue to face an uncertain future.

##Conclusion
The DACA program has been a lifeline for hundreds of thousands of young immigrants, providing them with temporary protection from deportation and the ability to work legally in the U.S. However, its future remains uncertain, with ongoing legal and political challenges. While many continue to advocate for a permanent solution for Dreamers, the DACA program remains a crucial part of the immigration landscape in the United States.

##References
1. "Deferred Action for Childhood Arrivals (DACA)." U.S. Citizenship and Immigration Services (USCIS), https://www.uscis.gov/daca.

2. "DACA and the Courts." American Immigration Council, https://www.americanimmigrationcouncil.org/.

3. "DACA Overview and Updates." National Immigration Law Center, https://www.nilc.org/.

4. "The Dream Act." American Civil Liberties Union (ACLU), https://www.aclu.org/.

5. "DACA Legal Resources." Immigrant Legal Resource Center, https://www.ilrc.org.