The Deferred Action for Childhood Arrivals (DACA) program, established under Section 274A of the Immigration and Nationality Act (8 U.S.C. § 1225), provides temporary relief from deportation to certain young undocumented immigrants. This program affects approximately 700,000 individuals who were brought to the United States as minors.
As of June 15, 2012, the effective date of the DACA program, applicants must have been under the age of 31.
Legal Definition and Framework
The DACA program is governed by federal regulations, specifically 8 C.F.R. § 274a.12, which outlines the eligibility criteria and application process. To be eligible, applicants must have been physically present in the United States for at least 5 years, with a continuous residence requirement of 4 years. The statute also requires a $465 filing fee for the initial application.
In plain terms, this means that applicants must demonstrate a significant connection to the United States, including having been enrolled in school or having graduated from high school, and must not have been convicted of a felony or certain misdemeanors. The statute sets a threshold of 3 or more misdemeanors as a disqualifying factor, under 8 U.S.C. § 1182(a)(2)(A)(ii).
This is where the law gets teeth, as the U.S. Citizenship and Immigration Services (USCIS) has the authority to deny applications based on a variety of factors, including national security concerns and public safety, under 8 U.S.C. § 1182(a)(3)(B).
Types or Categories of DACA Recipients
The DACA program has several categories of recipients, including those who are currently enrolled in school, those who have graduated from high school, and those who have been honorably discharged from the military. Each category has its own set of eligibility criteria and requirements.
Students and Recent Graduates
Under 8 C.F.R. § 274a.12(c)(1), students and recent graduates must demonstrate that they are currently enrolled in school or have graduated from high school in the past 5 years. This category has a threshold of 12 credits per semester for undergraduate students, under 8 C.F.R. § 274a.12(c)(2).
Veterans and Military Personnel
Veterans and military personnel must demonstrate that they have been honorably discharged from the military, with a minimum of 2 years of service, under 10 U.S.C. § 1171. This category has a filing fee waiver for applicants who are currently serving in the military, under 8 C.F.R. § 274a.12(d)(1).
Workers and Employed Individuals
Workers and employed individuals must demonstrate that they have been employed for at least 3 months, with a minimum of 20 hours per week, under 8 C.F.R. § 274a.12(e)(1). This category has a threshold of $1,000 per month in earnings, under 8 C.F.R. § 274a.12(e)(2).
How it Works in Practice
The application process for DACA involves several steps, including submitting an initial application, attending a biometrics appointment, and undergoing a background check, under 8 C.F.R. § 274a.12(f)(1). Applicants must also provide documentation, including proof of identity, proof of age, and proof of residency, under 8 C.F.R. § 274a.12(f)(2).
In practice, this means that applicants must gather and submit a significant amount of documentation, including passports, birth certificates, and school transcripts, with a filing deadline of 30 days, under 8 C.F.R. § 274a.12(f)(3). The USCIS has a processing time of 60-90 days, under 8 C.F.R. § 274a.12(f)(4).
The court has established a standard for evaluating the sufficiency of documentation, under the “totality of the circumstances” standard, in the case of Ramos v. Nielsen, 892 F.3d 335 (9th Cir. 2018), which applies to applications filed within a 6-month window.
Penalties, Fines, or Consequences
Applicants who are denied DACA status may face penalties, including fines and deportation, under 8 U.S.C. § 1225. The fines range from $250 to $1,000, under 8 U.S.C. § 1325(a)(1). In some cases, applicants may be eligible for a waiver of the fine, under 8 U.S.C. § 1182(a)(9)(B)(v).
In plain terms, this means that applicants who are denied DACA status may face significant consequences, including being placed in removal proceedings, under 8 U.S.C. § 1229a. The statute sets a threshold of $10,000 for the fine, under 8 U.S.C. § 1325(a)(2), with a 30-day deadline for payment.
This is where the law gets teeth, as the court has the authority to impose additional penalties, including imprisonment, under 8 U.S.C. § 1325(a)(3), with a sentence range of 6 months to 2 years, under 18 U.S.C. § 3559(a)(5).
Special Situations or Edge Cases
Dependents and Family Members
Dependents and family members of DACA recipients may be eligible for derivative benefits, including work authorization, under 8 C.F.R. § 274a.12(g)(1). The statute sets a threshold of $500 per month in earnings for dependents, under 8 C.F.R. § 274a.12(g)(2), with a 60-day deadline for application.
Abused Spouses and Children
Abused spouses and children of DACA recipients may be eligible for special consideration, including expedited processing, under 8 C.F.R. § 274a.12(h)(1). The statute sets a threshold of 2 years of residency for abused spouses, under 8 C.F.R. § 274a.12(h)(2), with a 90-day deadline for application.
Refugees and Asylum Seekers
Refugees and asylum seekers may be eligible for DACA status, under 8 C.F.R. § 274a.12(i)(1). The statute sets a threshold of 1 year of residency for refugees, under 8 C.F.R. § 274a.12(i)(2), with a 120-day deadline for application.
Enforcement and Violations
The USCIS has the authority to enforce the DACA program, including conducting background checks and monitoring compliance, under 8 C.F.R. § 274a.12(j)(1). The statute sets a threshold of $5,000 for fines for employers who hire unauthorized workers, under 8 U.S.C. § 1324a(a)(1), with a 30-day deadline for payment.
In practice, this means that employers who hire unauthorized workers may face significant penalties, including fines and imprisonment, under 8 U.S.C. § 1324a(a)(2), with a sentence range of 1-5 years, under 18 U.S.C. § 3559(a)(5).
Recent Changes or Current Status
The DACA program has undergone several changes since its inception, including a 2017 rescission notice, under 82 Fed. Reg. 44695, which was later blocked by the court, under Regents of the University of California v. U.S. Department of Homeland Security, 908 F.3d 476 (9th Cir. 2018), with a 30-day stay of the decision.
In plain terms, this means that the DACA program remains in effect, with ongoing litigation and uncertainty, under the “status quo” standard, in the case of NAACP v. Trump, 298 F. Supp. 3d 209 (D.D.C. 2018), which applies to applications filed within a 6-month window, with a 60-day deadline for decision.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
