Good Tidings from the Supreme Court
If you visit Joe Biden’s campaign website, his stance is clearly more immigrant-friendly and in favor of new DACA applicants than the Trump administration’s. For one, Biden’s campaign promises to reform visa programs for temporary workers in select industries, including agriculture. Biden also asserts that he would create a path to citizenship for the 4.4 million undocumented immigrants in the United States who pay about $23.6 billion a year to the IRS in tax dollars. Serious challenges to equality, such as the Muslim Ban would be overturned. Even the discriminatory criteria to not allow SNAP recipients to qualify for a green card would be struck down.
Biden’s campaign touches on many important issues that US immigration is currently facing. But no other topic is being as carefully watched as the status of DACA beneficiaries. This June, the Supreme Court ruled that the Trump administration could not end the DACA program because it did not provide valid legal justification for terminating it.
Guidelines for New DACA Applicants
Now, many people who could potentially qualify as new DACA applicants, are wondering if they too may benefit from the program.
You May Request DACA if You:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently 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 Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Guidelines
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must be at least 15 years or older to request DACA.
A Temporary Reprieve
Keep in mind that the Supreme Court decision grants the DACA program a reprieve, not a solution. Trump has already made it clear that he will continue to pursue those in the DACA program.
Many young immigrants have been saved from deportation due to their DACA status. DACA status allows those who have come to the US without documentation as minors to carve out a life for themselves in the United States by allowing them work permits and a temporary lawful status.
Dreamers Still Under Threat
Although celebration is in order, potential new DACA applicants should still be guarded. Justice Roberts declared that “The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so”. Justice Roberts was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan in their opinion.
President Trump said that his administration would immediately begin filing the proper documentation to begin ending DACA anew. With so much at stake, it may be best to wait until the presidential election results before applying. New DACA applicants will have to weather the uncertainty of this administration until a better one can replace it.
