Deferred Action for Childhood Arrivals

Michael McClureImmigration Law, Michael McClure

In 2009, under President Obama, the Development, Relief and Education for Alien Minors Act, the “Dream Act,” was introduced.  The Dream Act was designed to provide certain individuals with a pathway to citizenship in order to help them pursue higher education.  These individuals referred to as “Dreamers,” were brought to the U.S. by their parents at a young age, raised and educated in the U.S., and deserving of all the same opportunities their U.S. born classmates have. However, the Dream Act was never passed into law.

In 2012, President Obama implemented the Deferred Action for Childhood Arrivals program, commonly known as “DACA.” DACA is a far cry from what the Dream Act had to offer, however, it provides the Dreamers with the opportunity to obtain a valid social security number, work authorization, a driver’s license[1], the opportunity to pursue higher education, and relief from the fear of being sent back to a country many of the Dreamers had no recollection of. To qualify for DACA, the Dreamers had to meet the following requirements:[2]

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Had no lawful status on June 15, 2012, meaning that:
  • You never had a lawful immigration status on or before June 15, 2012, or
  • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

An estimated 750,000 Dreamers have taken advantage of the benefits DACA offers. However, with the election of President Trump, many fear that DACA will be eliminated. While this may in fact occur, DACA is currently alive and well. It is highly recommended that those who qualify for DACA, whether for initial benefits or renewal, apply for these benefits while they can.

For additional information, all Dreamers should contact an experienced immigration attorney at Brian Webb Legal.

Our Immigration Law Attorney

Michael C. McClure

Immigration Law, Criminal Defense

[1] State law controls the requirements for obtaining a driver’s license. However, several states, such as Idaho, did not provide Dreamers with a driver’s license until they received work authorization under DACA.

[2] https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions.