Remember the DREAM ACT.
WHAT IS THE DIFFERENCE BETWEEN THE DREAM ACT AND DACA?
This is a confusing area for many people.
The DREAM Act is potential legislation that must be passed by Congress and signed by the President into law.
Whereas, DACA is an Executive Order recently signed by President Obama in June 2012.
Skirting the law by GOING AROUND CONGRESS.
DACA WAS OBAMA’S ILLEGAL EXECUTIVE ORDER.
Friday, January 5, 2018
The Law Office of Ryan M. Gibson
Tucson Immigration and Criminal Defense Lawyer
What is the difference between the DREAM Act and DACA (Deffered Action for Childhood Arrivals)?
Update ! September 5th, 2017
The following announcement is directly from the USCIS website concerning today’s very unfortunate and unfair decision regarding DACA by the Trump Administration. .
“Deferred Action for Childhood Arrivals 2017 Announcement
On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parame…ters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.
Next Steps for Phasing Out DACA
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis:
Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.
Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.”
This is a confusing area for many people. The DREAM Act is potential legislation that must be passed by Congress and signed by the President into law whereas DACA is an Executive Order recently signed by President Obama in June 2012.
The DREAM Act (acronym for Development, Relief, and Education for Alien Minors) has been stalemated in Congress for quite some time, which is why the President has attempted to address some of these issues through his Executive Order. Both are designed to let people illegally residing in the United States to get their work authorizations, Social Security number, and driver’s license. Only the DREAM Act as previously written would enable a green card to be obtained.
Obama’s illegal executive order called DACA (acronym for Deferred Action for Childhood Arrivals), was signed on June 15 of 2012, states that the government will not deport those who meet certain criteria, including but not limited to:
◾Children who arrived here before the age of 16 and are under 31 years of age on June 15, 2012
◾Individuals who are in school or possess a high school diploma
◾Applicants who have lived here for at least five years
◾People who have not committed serious crimes
Meeting these criteria will allow undocumented residents to obtain a driver’s license and Social Security number and a 2 year work authorization. They will be permitted to renew the employment authorization at the end of those two years…hopefully. In two years, there might be a new president that decides he does not want to renew DACA. That is largely a political question. Other potential challenges loom at the state level, where seven governors have already said that they will refuse to issue driver’s licenses under DACA.
The first step for people seeking protection under DACA is to gather their materials:
◾Proof of attending High School including diplomas, transcripts and a letter from the school
◾Bills proving residence in the U.S. for the last five years – specifically between June 2007 and June 2012.
◾Birth certificate and passport to show proof of age.
It is the hope of many that the deferred action program will be successful and serve to convince Congress to pass the DREAM Act.
Don’t you love that push and shove – TO CONVINCE CONGRESS TO PASS THE DREAM ACT?