DACA IS ALIVE AND WELL!
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DACA IS ALIVE AND WELL!

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December 21, 2020, 7:31 am
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Finalmente, o começo de uma solução
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Hundreds of thousands of immigrants get a reprieve because of Trump’s administration’s incompetence.

A triumphant victory to the hundreds of thousands of young people that entered the U.S. illegally before June 15, 2012. Now, they will finally be on course to legalizing their situation. A Federal Judge order this past Friday, that the Trump administration must post a public notice that it will accept new applications for the Obama-era program shielding undocumented immigrants who came to the US as children from deportation.

A little bit of history, As part of his anti-immigration agenda the Trump administration struggled to end DACA (Deferred Action for Childhood Arrivals) in 2017, but the US Supreme Court blocked this effort. Although Trump was unable to dismantle DACA, the 2017 Supreme Courts ruling, stated that new applications for DACA would not be accepted and renewals would be limited to one year instead of two amid an ongoing review. The memo had sought to buy time while the administration decided its next steps.

During the next few years Trump repeatedly railed against DACA as part of his anti-immigration agenda but three years into his administration has been unable to end the program as promised following a series of lawsuits.

Late Friday afternoon, a federal district judge in a 5-4 decision directed the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program,. This allows nearly 700,000 undocumented immigrants who came to the United States as children to live and work here The Supreme Court stated that in this case DHS did not follow the proper procedures. Nothing prevents the department from trying again.

Now that Joe Biden will become the next president, this will be unlikely as he announced that his administration will be working on immigration reform during the first 100 days he tak3s office.

 

Basic Requirements to be satisfied before an individual is considered for an exercise of prosecutorial discretion pursuant to the DACA program

  • 1. You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
  • 2. You were physically present in the United States on June 15, 2012;
  • 3. You came to the United States before reaching your 16th birthday;
  • 4. You were under the age of 31 on June 15, 2012; and
  • 5. You have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
  • 6. You will all be subject to background check (biometrics and background).
  • The best part of this ruling is that first-time applicants will be able to have access to the DACA program and current recipients will be able to breathe a sigh of relief, as DACA is reinstated to its original form.


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Author: Moises Apsan
Attorney with over 35 years of experience. Past president Federal Bar Association NJ Chapter (1997-2002). Offices in New York, NY, Newark, NJ. Tel: 888-460-1800 http://www.apsanlaw.com and www.drmoises.com
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