The Hard Truths About Deferred Action

By Lila Bryant


There are many individuals in the United States of America who crossed its borders illegally. Every illegal immigrant wishes not to be found by the authorities since they will be arrested and charged. In the vast majority of cases, deportation serves as the main punishment, but there are other solutions provided by law. The good news for these people is that a law known as the Dream Act was passed in 2012. This act allows persons who entered the US illegally, to have their deportation case postponed in a process known as deferred action.

DACA, as it is commonly referred to, was passed on June 15, 2012. It is more of a directive than a law. This instruction gives the immigration and national security agencies the powers to defer deportation of individuals who meet a certain criteria. However, there are strict requirements associated with this law.

To qualify for DACA, applicants have to meet a number of conditions. The most important condition is the date of entry; it must be before the law was enacted. Secondly, the applicant must have gained illegal entry before the age of 16 years. Thirdly, the applicant must have lived in the country for two consecutive years before the law was enacted.

Very few people qualify for the deferral, but thousands of people apply. The reason is that, applicants who have exceeded 31 years of age are not eligible to apply for deferral. Other requirements include having a GED, graduating from high school or still pursuing education. Formerly recruited security personnel may also apply if they were honorably discharged.

DACA law works for applicants who have shown the willingness to be patriots. DHS and immigration departments do not want any criminal elements getting a free ticket to live in the US. Applicants with a criminal record will be prosecuted immediately even if they met all the other requirements. Whether it is a misdemeanor or a felony, the full force of law will be imposed.

Some of the things that are required by the authorities include proof of: identity, date of birth, nationality, date of entry and continuous residence for two years before the law was enacted. In some cases, school transcripts and a birth certificate may be sufficient. However, the authorities may ask for more information. It is important to note that the DHS and the USCIS reserve the right to turn down or accept any application.

Many think that DACA leads to a permanent US residency or citizenship, but they are misinformed. It has a validity period of two years, and may be renewed when it expires. An extension is available but the authorities usually look at the conduct of these individuals to see whether their application is legit. This means there are no guarantees.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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