Paolo was only six months old when he arrived in California with his parents. After his visitor’s visa expired, Paolo’s parents decided that they continue to stay in unlawful status. Paolo practically grew up in the United States and did not learn about his immigration status until he was 16 years old. When he discovered that he was undocumented, Paolo stopped studying and instead worked, without authorization, as a caregiver for a family friend. In the meantime, Paolo’s parents were divorced and Paolo was left to the care of his Uncle Ramon.
After hearing of a “deferred action” initiative for young immigrants, his Uncle Ramon sought legal assistance in order that Paolo may obtain a work permit and be issued a proper identification. On August 15, 2012, Paolo was told that the deferred action is only temporary in nature that will last for only for two years. Also, when he applies for deferred action, the U.S. Citizenship and Immigration Services will have access to all his biographic and other personal information and there is uncertainty whether this information will be used in the future against him. Paolo still insists on requesting for deferred action. He is willing to take the opportunity to be able to get at least an identification document and a social security number. He plans to pursue his college education as soon as he gets “deferred action.”
Thousands of undocumented young immigrants feel the same way as Paolo. Despite uncertainties of future risks of applying for deferred action, they are determined to take advantage of Obama’s new initiative. On the first day of filing for consideration for deferred action, thousands of young immigrants who are out of status lined up at the offices of various advocacy organizations to attend workshops on “deferred action”. The U.S. Citizenship and Immigration Services began accepting requests on August 15, 2012 and it is expected that there would approximately be one million young undocumented students who will file requests for deferred action.
The New Initiative: DACA
On June 15, 2012 President Obama announced his immigration initiative on deferred action. To distinguish the implementation of deferred action to the benefits of the proposed DREAM Act for undocumented young immigrants, the U.S. Department of Homeland Security introduced a new acronym- D.A.C.A. referring to the Deferred Action for Childhood Arrivals (DACA).
DACA helps a large population of young undocumented immigrants who came to the U.S. under the age of 16 acquire “deferred action” and obtain employment authorization document. To be eligible for DACA, an individual should have been under the age of 31 as of June 15, 2012 and should have come into the U.S. before reaching his 16th birthday. The Filipino advocate for the DREAM Act, Jose Antonio Vargas, an award-winning journalist, is unfortunately disqualified because he just turned 31 prior to June 15, 2012. However, those who turned 31 years old after June 15, 2012 are still eligible.
Not for New Arrivals
To be considered for DACA, there must be proof of physical presence in the United States for five years prior to June 15, 2012. The young immigrant should have continuously resided in the United States since June 15, 2007, up to the present time. Hence, those who entered after June 15, 2007 shall be disqualified from DACA. Recently arrived young immigrants may not apply for DACA. Those who plan to travel and apply for DACA for their children should be aware of this five-year physical presence requirement and are discouraged from abandoning their children abroad to become TNTs.
Must be”TNT” to Qualify
DACA is only for those who are undocumented; either they entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012. Those children who are still in valid nonimmigrant status are not eligible. One parent of a child in valid “M” student status asked whether his child would qualify for DACA. His child wants to apply for DACA and a work permit. He was told that DACA is only for undocumented and since his child has a valid immigration status, he may not qualify for DACA.
Uncertainty of the Program
It is clear based on several pronouncements by the Department of Homeland Security that DACA is not an amnesty or a path to citizenship. There are only two things that a young immigrant may take out of this DACA program: (1) reprieve from deportation and (2) work permit or employment authorization. It is also a temporary fix for only two years and if there is change of administration, there is a possibility of changes in the DACA program. Nevertheless, like Paolo, thousands of young immigrants are willing to take advantage of DACA. They perceived DACA as a small window that allows them to live, even on a temporary basis, without fear of deportation, harassment or exploitation and alleviate, even a little, the difficulties they face as undocumented immigrants. In essence it provides them that sense of security that that they will not have to face being torn away from the land that they know in their hearts is also their home. And for these reasons, they are willing to take the risk involve should there be changes in policy in the future.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
