In the uncertainty of Donald Trump’s election and recent DACA news and rumors, it’s easy to believe false information about your rights and opportunities. Here’s what you need to know about the current state of DACA.
2012 DACA Stands
The 2012 Deferred Action for Childhood Arrivals policy is still in place. That policy offers non-immigrant legal status to applicants who:
- Came to the United States before 16th birthday.
- Have lived continuously in the United States since June 15, 2007.
- Were under age 31 on June 15, 2012 (i.e., born after June 15, 1981).
- Were physically present in the United States on June 15, 2012, and at the time of making a request for consideration of deferred action with USCIS.
- Had no lawful status on June 15, 2012.
- Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school.
- Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
The process includes filling out several USCIS forms, producing documents to prove eligibility, and paying an application fee ($465 right now).
Legal Decision about 2014 Expansion
In November 2014, President Obama expanded DACA in several ways, including eligibility for undocumented immigrants who entered the US before 2010. That expansion was blocked by a federal court order. The Supreme Court was split on the case, so the court order stands and the expansion of DACA (and DAPA) is at a standstill.
What about the election?
It is very likely that the expanded DACA and DAPA will not make it through the courts now. The original policies may also be repealed. Until then, it is still possible to apply for or renew DACA. All of the benefits and eligibility of 2012 DACA remain in place.
Some sources—including the Immigrant Legal Resources Center—are recommending that new applicants to DACA wait on applying since their applications would likely not be approved before President-Elect Trump takes office. USCIS has not released any official recommendations, so for now, eligible persons may still want to apply.
While legal representation is not necessary for DACA application or renewal, our team at Castan & Lecca Law would be happy to discuss your options, including other immigration opportunities. Contact us online or call 404-923-7570 for a free consultation.
