11.11.6b Deferred Action for Childhood Arrivals: Who Can Be Considered

In 2012, President Obama issued this policy that has become known as DACA, or consideration of Deferred Action for Childhood Arrivals. It applied to a specific group of people in the United States whom the president wanted to protect from deportation. Who did this rule apply to? What conditions did applicants have to meet in order to be considered eligible? Based on reading this policy, which groups of immigrants would be considered ineligible? Why do you think the policy was intended specifically for young people and students? What could be the potential pitfalls of a rule that narrowly defines who is eligible and that does not provide a pathway toward permanent legal status or citizenship?

In 2012, President Obama issued this policy that has become known as DACA, or consideration of Deferred Action for Childhood Arrivals, after the Senate failed to pass the DREAM Act. It applied to a specific group of people in the United States whom the president wanted to protect from deportation. Students can read this document in conversation with Proposition 187, which was passed 18 years earlier, along with other key documents from your course that represent turning points in immigration history. The following questions can guide your students to make sense of this immigration policy: Who did this rule apply to? What conditions did applicants have to meet in order to be considered eligible? Based on reading this policy, which groups of immigrants would be considered ineligible? Why do you think the policy was intended specifically for young people and students? What were the effects of the program?

Today, the U.S. Citizenship and Immigration Services [USCIS] will begin accepting requests for consideration of deferred action for childhood arrivals. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, USCIS will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two year period, subject to renewal, and may also receive employment authorization. To be considered for this process, you must show that:

· You came to the United States before reaching your 16th birthday
· You have continuously resided in the United States since June 15, 2007, up to the present time
· You were under the age of 31 as of June 15, 2012
· You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
· You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
· You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat
· You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS