All About Deferred Action For Alien Minors

By Tracie Knight


Individuals who gained illegal entry into the country can apply for deferral of prosecution. This is an acronym for deferred action for childhood arrivals. It was brought into force by the Dream Act.

DACA has as many opponents as proponents. While some people think that all illegal immigrants should be deported, many legislators think that there are some few individuals who should be given a chance to continue living, studying or working in the United States. Deportation of these dreamers should therefore be postponed to a later date, according to these legislators.

DACA gives the USCIS and DHS prosecutorial discretion in cases involving illegal immigrants. Instead of deporting illegals, these agencies can defer that action for two years if the person in question meets the set criteria. However, that person must apply for the deferral and attach supporting documents. DACA approval is not the right of an individual so the authorities can choose to reject or approve an application.

There are very many requirements that must be satisfied before DACA can be granted. For one, the applicant must not be older than 31 years when filing the application. Secondly, the applicant must have entered the United States as a child before this law was enacted. A child, in this case, refers to a person who is less than 16 years old. Proof of continuous presence for the two years leading up to 15th June, 2012, must be provided. Those who continued to reside in the US after expiry of their legal status can also apply for DACA.

Educational qualification is an important requirement when it comes to DACA. Applicants must have at least obtained a GED, high school diploma or be actively pursuing these qualifications. Honorable discharge from the military or coast guard is also an acceptable qualification.

There are some security issues that must be addressed during processing of DACA applications. For instance, applicants must not pose any type of threat to national security. Those who are considered to be a threat to public safety cannot have their application approved. The DHS, together with other national security agencies will run a background check on every applicant before approval.

The main provision of DACA is deferral of prosecution and removal action of a qualifying illegal immigrant. The presence of these illegal immigrants is recognized by law enforcement agencies but prosecution is postponed to a later date. When the deferral period expires, renewal may be sought.

The USCIS and DHS cannot approve any application from a person who has a criminal history. Four misdemeanors or other criminal activity will lead to automatic disqualification. For these government agencies, public safety comes first.

Continuous presence in the country for the 2 years leading up to the enactment date of this law is a requirement. Applicants must be able to prove this. School transcripts, birth certificate, national ID from the country of origin and any other relevant document must be produced when filing the DACA application.




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