In 2012, the Obama Administration carved out a subset of individuals who could be eligible for a temporary benefit called “deferred action.” There are several types of deferred action, and the Deferred Action for Childhood Arrivals (“DACA”) program allowed certain individuals who arrived in the United States while under the age of 16 to apply for DACA.
If approved, the individual receives deferred action, including work authorization, for a two-year period. Qualifying individuals may apply to renew their DACA so long as the program remains in effect.
In September 2017, the Trump Administration sought to end the DACA program. Several lawsuits were filed throughout the country challenging the legality of the Administration’s method of terminating the program. Several courts granted injunctions, which forced the Trump Administration to keep the DACA program going for now. However, the program currently is only available for renewals. This means that newly-eligible children, or those individuals who never applied for DACA before, still cannot do so.
It is very important for anyone who thinks he or she may be eligible for DACA to follow the news and keep apprised of any changes with respect to the injunctions or ultimate court rulings. If you have any questions about your eligibility or the current state of the law, please do not hesitate to contact the attorneys at Chamberlain & Rae for help.