DACA | Deferred Action for Childhood Arrivals

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Is There A Risk In Applying For Childhood Arrivals?

For a significant number of undocumented immigrants, the United States is the only home that they’ve ever known due to no choice of their own. Many may be afraid of trying to seek legal status in this country, but there is an administrative process that allows some non-citizens who entered the country as children to come out of the shadows without fear of deportation. Through this process, you can gain the ability to open a bank account, go to school, and even obtain employment.

Knowing which path is right for your situation is vital. Applying through the incorrect path could result in a refusal and end up delaying or even preventing your move to the United States as a permanent resident. While Deferred Action for Childhood Arrivals (DACA) gives those in the program a two-year deferral on deportation, it’s currently unavailable. You should speak with our knowledgeable immigration lawyer about other options, or how your current DACA status still stands.

During consultation, we can help determine what is the right course of action for your situation. Consider your situation carefully before applying. Certain immigrants should not apply for DACA because there is a greater risk that their cases may be referred to Immigration and Customs Enforcement for deportation.

What Is DACA?

The DACA program was started in 2012 by the Obama administration. The program allows individuals who meet certain key criteria to request consideration of deferred action for childhood arrivals (DACA) for two years. That deferral may then be renewed for a further two years. Many applications may be eligible for employment authorization, as well. This means that they can obtain legal employment in the United States and the benefits that come with legal residence. You may qualify for consideration of deferred action for childhood arrivals if you:

You were born on or after June 16, 1981

You came to the United States before reaching your 16th birthday

You have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA

You were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS

You had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA. This means that:

  • You never had a lawful immigration status on or before June 15, 2012
  • Any lawful immigration status or parole that you obtained had expired as of June 15, 2012
  • Any lawful status that you had after June 15, 2012, has expired or otherwise terminated before you submitted your request for DACA

You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or other armed forces of the United States

You have not been convicted of a felony, significant misdemeanor, or three or more other minor misdemeanors and do not otherwise pose a threat to national security or public safety


New Information
About DACA

  • On September 5th, 2017, Attorney General Jess Sessions announced that the DACA program would be coming to an end. They intended to stop accepting new applications for the DACA program.
  • After several lawsuits, on June 18, 2020, the U.S. Supreme Court issued a 5-4 decision, deciding that the Trump Administration’s attempt to terminate the DACA violated the Administrative Procedure Act (APA).
  • In 2021, a coalition of Republican attorney generals filed a lawsuit against the U.S. government, claiming that the DACA was illegal. The case came before Judge Hanen in the Southern Texas District Court, where he declared that the Obama Administration had illegally skirted around formal rulemaking and that the protections the DACA offered were beyond the government’s authority. Current DACA recipients were allowed to retain their status, but new applicants were temporarily denied.
  • In 2022, the Biden administration appealed Judge Hanen’s decision. The Fifth Circuit Court of Appeals decided to uphold Judge Hanen’s determination that the original DACA policy was unlawful and sent the case back to Judge Hanen. He took into account the legality of the new formal DACA rules issued by the Biden administration. Despite the new rule-making process, Judge Hanen ruled that the DACA is illegal. DACA recipients still retain their status, but new applicants are not applicable. The Biden administration has appealed that decision, requesting the Fifth Circuit to review the new ruling again.

You can stay up-to-date by reading our blog, where we’ll be posting updates about the DACA changes as they become available.

Schedule A Consultation for
Questions and Concerns About Your DACA Status

If you are concerned about your current DACA status, unsure about what to do next, or have questions about how or when to apply for a renewal, you need to speak to an immigration lawyer as soon as possible. Right now, you still have time to take action to protect yourself and your family, but the clock is ticking. The Law Offices of Diron Rutty, LLC are offering consultations to anyone in the Bronx, New York, White Plains, and Poughkeepsie areas who has questions about DACA and what they should do about their immigration status. These consultations are completely confidential. You can get answers to your questions and we can inform you how we can help you with the next steps that you need to take.

As immigration attorneys practicing in New York and Poughkeepsie, we can evaluate your situation to determine if deferred action is right for you. If so, we can help you understand the process, gather and complete the necessary paperwork, and get your application processed promptly. Please call our office at (718) 324-0404 or (315) 613-0121, use the form at the right, or email us at info@DironRuttyLLC.com for assistance. We’re looking forward to speaking with you and helping you get the best possible outcome for your immigration status.

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