October “DACA” Update

A recent headline in the New York Times newspaper described the progress of the DACA program: “A Flood of Applications, With a Trickle of Approvals”

As of the end of September, USCIS had received 100,000 applications for DACA (Deferred Action for Childhood Arrivals). More than 63,000 of the applications are in the final stages of review, but so far CIS has confirmed only 29 approvals.

 There are still tens of thousands of potential applicants who have chosen not to apply because they don’t want to make it known that they have been in this country illegally for years.

 Along with the temporary deferred action, approved DACA immigrants also receive two-year work permits. They do not gain any legal immigration status. California, with its large Latino polulation, also allows DACA children to get drivers licenses and they also appear to be eligible for student aid at State institutions.

 Among other DACA requirements, illegal immigrants must be under 31 and show they had come to the United States before they were 16, have lived here at least five years, and have graduated from high school or are in school, or were honorably discharged from the military.

 It is no secret why the DACA program suddenly appeared in this election year. In some states, the Latino vote is extremely influential. About 1.2 million immigrants are immediately eligible for the DACA program and about 68 percent of these eligible immigrants were born in Mexico.

 Some people have claimed that DACA will help to lower crime rate. One study found that crime decreases when people gain legal status. Giving legal status to one per cent of the population equates to a two per cent decrease in crime on a per capita basis. The ability to join the free, open legal market means greater access to jobs and potential advancement.

 Although there are still many uncertainties about the DACA program, CIS has succeeded in producing a thorough list of documents required, and how to meet these requirements. CIS also recently published some filing tips for DACA applicants. All DACA information can be found atwww.uscis.gov/childhoodarrivals.

 There is even a Vietnamese version of “How Do I Request Consideration of Deferred Action for Childhood Arrivals?”: Làm ThếNào Tôi Có Thể ... Yêu Cầu Xem Xét Hoãn Thi Hành đối với Các Trường Hợp Nhập Cư Khi Còn Bé?

At http://www.uscis.gov/USCIS/Resources/daca-viet.pdf

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Q.1. Is there really a chance that Mr. Romney would cancel DACA if he is elected?

 A.1. In an interview with the Denver Post, Mitt Romney has indicated that he will not revoke DACA for people who have already received it. He said that successful DACA applicants “should expect that the visa would continue to be valid. I'm not going to take something that they've purchased." He also promised that we will have a full immigration reform plan before those two year visas have expired.

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Q.2. Can DACA applicants rely on the CIS promise not to give information about them to ICE (Immigrations and Customs Enforcement) ?

 A.2. No one knows what CIS might do. The DACA program is still new. CIS says that the information given to them will not be provided to ICEUNLESS the applicant appears to meet certain enforcement criteria. The bottom line is that anyone with any kind of criminal history should be very careful when applying for DACA. Full disclosure is a must. Trying to hide anything will probably mean a path to deportation.