One of the most significant aspects of the President’s recent executive order is the fact that it includes expanded application of the deferred action program for childhood arrivals and also calls for the creation of a program similar to DACA to address issues facing undocumented parents of legal citizens of the U.S. as well as legal resident aliens.

Basics of DACA

In 2012, the administration put into place the first DACA (Deferred Action for Childhood Arrivals) immigration policy. The purpose was to provide deportation relief and provide short-term, renewable work authorization for undocumented individuals who came to the United States during childhood, provided certain enumerated criteria are met.

Expansion of DACA Guidelines

President Obama’s recent executive action was taken as a means to expand DACA to include additional individuals in the granting of benefits such as work authorizations and protection from deportation.

Work Authorizations and Deferred Deportation

A key amendment put into effect by the executive action extends deportation deferral and work authorization grants for three-year periods, instead of just two. According to USCIS, the three-year term will be applicable to all who are found to fulfill the stated qualifications.

Changes to the Age-Cap

The previously existing age cap applicable to DACA applicants no longer exists, and the previous rules pertaining to date-of-entry have been amended. Prior to the executive action, DACA applicants themselves had the burden of demonstrating that they had lived in the U.S. since June 15 of 2007. Now, they must show that they have resided in the country without interruption since January 1 of 2010.

Impact on DREAMers

Pursuant to the new DACA rules, DREAMers are to be notified through formal written correspondence that law enforcement will not be targeting them for potential violations of immigration law. The correspondence will state plainly that they will not be subject to deportation, though it will not include a grant of citizenship.

We are ready to help you!

Seeking DACA protections and status can be a complex process due to the many considerations and criteria involved. If you would like to explore your eligibility for DACA or simply wish to learn more about the program, give us a call or contact KPPB Law online.

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