Seiten
News

Updated on 09.12.2024

DACA program

Below, we provide background on the DACA Deferred Action for Childhood Arrivals program and clarify the current situation for those affected.

Topics on this page:
Jump to topic

Share article:

Bild von US-Behörden, die über DACA entscheiden

What is the DREAM Act?

The DREAM "Development, Relief and Education for Alien Minors" Act.is a bill that was first presented to the Senate in 2001. It provided for children, most of whom had come to the United States illegally and undocumented with their parents, to be granted legal residency status up to and including U.S. citizenship under certain conditions.

Three steps should make it possible to become a U.S. citizen in the long run: From a Conditional Permanent Residence (CPR) via the Lawful Permanent Residence (LPR), known as aGreen Card to naturalization as a US citizen.

Although this bill has been repeatedly introduced in amended versions (most recently in May 2019), to date there has been no enactment and no appropriation is forthcoming.

Nonetheless, the DREAM Act bill gave its name to those who fall under the DACA program: "Dreamers".

In fact, Dreamers often take jobs in the US that are generally difficult to fill, such as in the steel industry or in the low-wage sector. Other Dreamers sign up for the US military and are welcome there.

Plan your stay in the USA Schedule an appointment with our experienced visa experts!
Arrange consultation appointment now
or
New Let our chat bot help you out!

What is the DACA program?

In 2012, then-President Barack Obama introduced the so-called DACA Deferred Action for Childhood Arrivals program. by presidential decree because his planned immigration reform failed to win a majority in Congress. Instead of facing deportation, more than 700,000 minors were allowed to stay in the US under this protection program and, if necessary, study or work, even though they had come to the United States illegally and without papers with their families. For this purpose, minors 16 years of age and older had to apply to the U.S. Immigration and Customs Enforcement Service (USCIS) for "deferral of removal," i.e., apply for a DACA permit, through which a legal status including two-year work permit could be obtained. During this time, the persons are protected from deportation.

Since DACA's inception, it has benefited not only the immigrant children involved, but also much of the US economy. To qualify for the DACA program, applicants must:

  • have been younger than 31 years of age on the day the law was passed (06/15/2012)
  • have entered the U.S. before their 16th birthday
  • have resided in the United States without interruption since 06/15/2007
  • have been in the US on 06/15/2012 and on the date they file the DACA application with USCIS
  • have not had legal residency status in the US as of 06/15/2012
  • currently attending school or have successfully completed school or have been honorably discharged from the U.S. military
  • have not committed any criminal acts or the like

An extension of the protected status is always possible again (for two more years), as long as the application was filed in time before the 2-year period expired. Obtaining US citizenship (as originally envisioned at the DREAM Act) is not provided for in the DACA program.

There are also strict travel regulations for DACA program participants. For example, they must obtain prior approval from the relevant authorities before leaving the United States in order to avoid having their status revoked. Applications for permission to leave the country can be submitted for humanitarian reasons or for urgent business reasons, for example.

Bild von der USA-Flagge vor einem Gerichtsgebäude

While opponents of the DACA program argue that it takes jobs away from thousands of Americans, supporters point to the many improvements that the program has brought. For example, the residency permit entitles holders not only to study, but also to work legally, which not only reduces undocumented work, but also generates more tax revenue and counteracts the lack of prospects for the children of illegal immigrants. Thus, the termination of the program could damage both the economy and security of the United States.

Current status at DACA

After the first Trump administration made several attempts to end the DACA program, US President Joe Biden reinstated the protection program for young migrants in its original state in January 2021.

However, the legality of the program has been repeatedly called into question by subsequent court cases. The US Congress has failed multiple times to pass legislation to pass the DACA program into law and create a pathway to legal status for DREAMers.

This issue has only become more pressing as the program could be overturned by a Supreme Court decision as early as next year. At the same time, the new Trump administration could push to end DACA.

Date:

Updated on 09.12.2024