New Limitations for DACA Recipients

Not long ago, it was announced that the Supreme Court of the United States decided to uphold the DACA program’s legitimacy. But things always change and there’s always something new happening, and this is one of those situations. The Department of Homeland Security (DHS) just came out saying that some changes will be made to the way they deal with DACA recipients and applicants. What are these changes and how will they affect DACA? Read all about them in the following paragraphs.

What Is DACA?

The Deferred Action for Childhood Arrivals (DACA) is a program that was established by President Barack Obama back in 2012. The program’s goal is to help people who were brought into the U.S. when they were children remain in the States and be safe from deportation. As such, it’s a form of protection for people without legal residency or citizenship status. However, the program doesn’t help one gain citizenship.

A DACA recipient is protected for two years, and once that is over, the recipient can apply for a renewal. What’s even better for these people is that they also obtain the right to work, as they have the chance to receive work permits and get health insurance from an employer.

Due to working and gaining income, recipients are often able to achieve even more benefits. For instance, many had the chance to study and pay for their school, as well as obtain drivers’ licenses in some states and try to get higher education.

However, the Trump administration decided to put an end to it in 2017. This led to many applications being denied and no new recipients being accepted. Thanks to immigrant advocates, though, the existing participants were able to stay and maintain their benefits, although it was challenging from a legal point of view.

What Changes Are Being Made to DACA?

The DHS announced some changes to the program and the way it accepts and rejects applications. Even though there was a proposal to increase the recipients’ renewal fee to $765, that was refused by USCIS. However, the new changes will affect recipients and applicants either way. The renewal fee stays the same as it always was, at $475.

As mentioned, DACA is meant to protect some undocumented immigrants from being deported, and also give them multiple benefits such as the right to work and more. However, the following changes have just been made to the DACA program:

• Every petition that is made for Employment Authorization Documents – work permits that are usually allowed under DACA rules – will be denied
• All renewals will only be limited to a year, instead of two years like it used to be. Besides, it will also be considered on a case-by-case basis only.
• Every new pending request for advance parole will not be accepted, with the exception for those that are under certain circumstances
• All new applications for DACA will be rejected, no matter if they fulfill all eligibility criteria or not.

These are the new changes, and they will be in place until there is a proper, complete review of the DACA program done by the U.S. government. When doing the review, the government will do whatever it can to find justifications that could put an end to the program.

Of course, that doesn’t mean there will not be lawsuits against the recent changes. Many DACA recipients and applicants will be affected, so everyone will try to take action to make sure people will not have to suffer due to a decision taken by the government.

However, the new changes have already affected eligible DACA recipients, as they were left on the street with no legal rights to do anything. Their future is uncertain and they cannot obtain the right to work and make a life for themselves in the U.S. as of now.

The new processing times for DACA-related procedures is around seven months. All petitioners should consider speaking to an immigration lawyer before they consider changing their immigration status or anything of the sort.

How Will These Changes Affect Existing DACA Recipients?

Even though someone may already be a DACA recipient, the new changes will still affect him/her. First of all, the renewals will be limited to one year, meaning that they will have to renew their status more frequently. That’s not all, though – since everyone will be considered on a case-by-case basis, a person who previously had DACA status may not be accepted for renewal. As such, they may be left without a job and without protection very soon.

If their status is not renewed, they will risk being deported after it expires, which puts them in danger if things are not safe in their home country.

Besides, if someone obtained DACA status but didn’t have the chance to apply for an Employment Authorization Document, they will not be able to do so anymore. Previously, obtaining an EAD was allowed under the DACA rules, but now with the changes that were made, it won’t be possible. This leaves multiple DACA recipients unable to work and afford a living in the States. Also, they are unable to pay for their school or pursue higher education.

How Will These Changes Affect New DACA Applicants?

DACA applicants have it worse than DACA recipients because while recipients already got to experience some of the benefits and are still part of the program, applicants have an uncertain future. They don’t have the chance to apply anymore as all applications will be rejected, and they may end up on the street.

Under normal circumstances, an eligible DACA applicant would gain various benefits if their application was accepted. They could immediately apply for an EAD, and thus be able to work and support themselves and pay for their education. However, since the government is trying to get rid of the program, they decided to not allow any applications until further analysis and consideration.

Consequently, eligible applicants would be left on the street regardless, having no way to make money and get a job. They will not have the right to seek higher education and what’s even worse, they will have to worry about deportation all the time.

Basically, DACA protects its recipients from being deported. Without obtaining this status, an undocumented immigrant is at risk of being sent back to their home country in any moment. They could be taken away the next morning for deportation, for all they know. It’s a bad situation that creates stress and suffering for many immigrants and may even put their lives in danger.

Conclusion

Are you a DACA recipient, or intended to become one? Well, then you should keep in mind the recent changes made to the program, as they affect both DACA recipients and DACA applicants. Since the government is trying to terminate the program, they implemented some changes in the meantime – this worsens the life of undocumented immigrants. They will not have the right to work legally in the States and may even be deported at any time.

Furthermore, new applications will be rejected, even for people who meet the eligibility criteria, which means more people will be in danger of being deported. Now, we only have to wait and see how things progress and hope that the voices of the immigrants will be heard.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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