Homeland Security Extends Deferred Action for Childhood Arrivals

Earlier this month, the Department of Homeland Security issued a press release announcing the process for DACA renewal. DACA stands for Deferred Action for Childhood Arrival, and it enables certain undocumented immigrants who arrived in the U.S. when they were younger than 16 years of age to apply for temporary legal status to live and work in the U.S. for a period of two years, subject to renewal.

DACA was first announced on June 15, 2012, and the earliest DACA holders will see their status expire in September of this year if it is not renewed. DHS urges people to file their applications for renewal at least 120 days before their current work authorization expires. Otherwise, they may lapse into unprotected undocumented status for a period and possibly be subject to detention and deportation during that time.

Initial DACA applications are still available, as well as renewals. Deferred Action is available to individuals who:

• Entered the United States before their 16^th birthday
• Were less than 31 years old as of June 15, 2012
• Have maintained continuous residence in the United States from June 15, 2007 until the present
• Were physically present in the United States on June 15, 2012 and at the time of their Deferred Action request
• Either entered the country without inspection before June 15, 2012, or had lawful immigration status that had expired as of that date
• Are either currently in school or have graduated with a high school diploma or certificate of completion, or obtained a GED or honorable discharge from the U.S. Armed Forces or Coast Guard
• Have not been convicted of any felony or significant misdemeanor
• Have not been convicted of three or more misdemeanors of any kind
• Do not pose a threat to public safety or national security

In addition to the requirements for DACA status, renewal is only available to individuals who meet the following guidelines:

• They did not leave the U.S. on or after August 15^th, 2012 without advance parole
• They have resided in the U.S. on a continuous basis since the submission of their most recent approved DACA request
• They have neither been convicted of any felony or significant misdemeanor or more than two misdemeanors, and they do not otherwise pose a threat to public safety or national security