Tuesday 3 December 2013

What You Need To Know About DACA

Posted by Unknown at 14:12
By Tiffany Gill


In an effort to revamp the country's immigration enforcement system, the government has come up with DACA. Deferred Action for Childhood Arrivals is a directive to the DHS giving it powers to delay removal of illegal immigrants. This prosecutorial discretion is exercised by the Department of Homeland Security in together with other government agencies that deal with citizenship, customs and immigration. In this directive, immigrants who got into the United States illegally may be allowed to continue residing in the US if they meet certain requirements.

Anyone who has kept a clean record after getting into the United States illegally as a minor before mid June, 2012, can apply for deferred action. However, applicants must have gone to school or joined the armed forces. Applicants must be able to prove that they were continuously present in the US for the two years leading up to 15th June, 2012. Every application will be analyzed separately and the appropriate authorities can decide whether or not to take removal action against the applicant.

In order to qualify, candidates must have been less than 31 years of age on 15th June 2012 when the law came into force. The applicant must not have any criminal record or pose any threat to public safety or national security. While residing in the country illegally, the applicant must have acquired a high school diploma, higher qualification, or currently working to achieve that qualification.

When applying for DACA, the applicant must prove that he or she entered the country illegally before June 15th, 2012. Individuals whose lawful residency status expired before this date, and have continued to reside in the country also qualify. All childhood arrivals after this date cannot be considered for deferred action.

Those who formulated this policy were of the opinion that there are individuals who got into the country illegally, but have since done all they can to fit into the American society by going to school or seeking gainful employment, and have never committed a serious misdemeanor or a felony. The formulators of the policy thought these people should not necessarily be deported immediately. They should instead be given an opportunity to finish what they are doing and decide what they want afterwards.

An important point to note about deferred action is that it does not give legal status. Neither is it a guarantee of citizenship or legal residency. You will be considered an illegal immigrant whose removal action has been deferred for two years. Once this time lapses, you will be deported if you fail to seek renewal, or fail to qualify for renewal.

When providing information for DACA consideration, applicants need to be open and truthful. Any lie may lead to immediate removal action. They must also provide proof of identity, age, nationality, date they entered the country and places they have lived in since they came into the country. If all the key pieces of information are provided, then the application will be considered.

DACA is an important step by the government in its ambitious journey towards streamlining immigration enforcement laws. Those who qualify are deemed not to pose a security threat to the public and the nation at large. The government is committed to ensuring that its citizens are safe within the country's borders.




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