I’ve had a lovely weekend spending time with some friends
from Idaho the past couple of days. We
have been friends for 30 years, so we have watched each other evolve and
grow. I was telling them about my
academic studies focusing on first-generation Hispanic college students, and I
specifically mentioned DACA students. My
girlfriend didn’t recognize the term, but when I began to explain it, she commented
that she had heard something about it while listening to NPR. We discussed it briefly while walking through
a beautifully landscaped area where a 15 year-old girl was posing for her quinceanera
photo session. About four hours later I
asked her opinion of DACA students. She
said, “I’m so sorry. What is that again?”
I think
her response is typical throughout most of America. No matter where we call home, we tend see
things through that narrow lens. Because I interact with treasured Hispanic
students daily, immigration, deportation, and Dreamers are a part of my regular
conversations. On the other hand, my
friends live in a bedroom community near Boise, Idaho where the 2010 Census
reports, “The racial makeup of the city was 94.4% White, 0.3% African American,
0.5% Native American, 1.6% Asian, 0.1% Pacific Islander, 1.0% from other races,
and 2.0% from two or more races. Hispanic or Latino of any race was 4.7% of the
population.” The level of diversity in
their community is low, so the opportunities to build pluralism and reach
understanding are few.
Let me educate, using information taken from:
http://www.immigrationequality.org/:
***At this time, Immigration Equality does not recommend that you file for DACA if you have never done so before.***
On June 15, 2012, President Obama created a new policy calling for deferred action for certain undocumented young people who came to the U.S. as children. Applications under the program which is called Deferred Action for Childhood Arrivals (“DACA”) began on August 15, 2012.
We put together the following FAQ to help answer questions about what this all means, who is eligible, and what eligible youth can do next.
What does “deferred action” mean?
Deferred action is a discretionary, limited immigration benefit by Department of Homeland Security. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.
Who is eligible for DACA relief?
Individuals who meet the following criteria can apply for deferred action for childhood arrivals:
- are under 31 years of age as of June 15, 2012;
- came to the U.S. while under the age of 16;
- have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five year period, brief and innocent absences from the United States for humanitarian reasons will not be included);
- entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
- were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
- are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
- have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
- do not pose a threat to national security or public safety.
Applicants will have to provide documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.
How much does it cost to seek DACA?
The total fees for the application (including an application for an Employment Authorization Document and background check) will be $465. In other words, the deferred application form itself is free but individuals must apply for and submit fees for the employment authorization document application and the biometrics fees.
If I am granted deferred action, will I be entitled to work?
Every individual who is granted deferred action will be lawfully permitted to work. In order to be permitted to work, applicants must include an application for an Employment Authorization Document (EAD) in their application, which, when granted, will be valid for a period of two years and may be renewed. Applicants must wait until the EAD is issued prior to accepting employment.
If I am granted deferred action, does that mean I have acquired legal status?
The grant of deferred action does not grant legal status to an applicant. In addition, it does not cure such applicant’s previous periods of unlawful presence. However, an applicant who is granted deferred action will not be deemed to be accruing unlawful presence in the U.S. during the time period when deferred action is in effect.
If I am granted deferred action can I travel outside the United States?
DACA recipients can only travel outside the U.S. if they apply for and receive advanced parole before they travel. Generally advanced parole is only granted for humanitarian reasons, educational, or employment reasons. If someone leaves the U.S. without advanced parole being granted or before a decision has been made on their deferred action application, they will not be permitted back into the United States.
As an ally of DACA students, I hope I embraced the opportunity to educate my friends. While attending “DREAMzone workshops sponsored by Arizona State University at the beginning of February, I received a packet and the organizers encouraged us to freely share its contents.
