DACA - Deferred Action for Childhood Arrivals

On June 18, 2020, the US Supreme Court ruled against the Trump administration and its end to the DACA (Deferred Action for Childhood Arrivals) program.  Chief Justice John Roberts delivered the majority opinion.  The court decided that the Trump Administration did not follow proper legal procedures in cancelling the program.  In rescinding the DACA Program, the Department of Homeland Security (DHS) failed to consider all interests such as a broader renewal date or a more accommodating termination date.  Given the mistakes in the cancelling of the program, the court ruled against the Trump administration. This allows the program to remain in place, at least, for now.

Critical to know is that, for now, people who are part of the DACA program can continue to renew their status.  In addition, new applications can now be accepted again given the Supreme Court Decision.

For those who have not previously applied, but may be eligible, you must fit all of the seven criteria. They are as follows:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007 and up to the present time;
  4. 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;
  5. Had no lawful status on June 15, 2012;
  6. 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;
  7. 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.

Learn more on our blog.

How Can Zohar Law Firm Help You?

If you or someone you love may be eligible for DACA, complete the form below to contact the experienced immigration law team at Zohar Law in NYC. We will use our experience and expertise to fight for you and your loved ones.

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