What is DACA?
Deferred Action for Childhood Arrivals (DACA) program allows eligible undocumented individuals who came to the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. Applicants must meet the following eligibility requirements.
Eligibility Requirements
Age Requirements:
Were under 31 years of age as of June 15, 2012.
Came to the United States before their 16th birthday.
Were at least 15 years old at the time of application if not currently in removal proceedings or subject to a final removal or voluntary departure order.
2. Continuous Residence:
Have continuously resided in the U.S. since June 15, 2007, up to the present time.
3. Physical Presence:
Were physically present in the U.S. on June 15, 2012, and at the time of making the DACA request.
4. Legal Status:
Had no lawful status on June 15, 2012.
5. Education and Military Requirements:
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
6. Criminal Background:
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.
After meeting the eligibility requirements, applicants must go through an extremely tedious application process. Currently new applications are not being accepted however, previous recipients are able to apply for DACA renewals. You can find more information and updates at uscis.gov/DACA.
Our DACA Experience
Everyone has a different recollection of what happened in June of 2012 when President Obama made the executive order and set in place the Deferred Action for Childhood Arrivals (DACA) policy. If you were amongst the 800,000 dreamers that were blessed by this decision then you might find yourself relating to the experience that we shared on this day.
First of all, let me just say that I had no idea that I wasn’t able to get a driver's license. I started off with this because that’s when I started asking questions. Why can’t I get a driver's license? Why can’t I start applying for part time jobs? Why couldn’t I do the same things my friends were doing at my age; getting a permit, jobs, and international trips. Why them and not me? My parents began answering my questions and I started to understand that for me, things were going to be different.
The most impactful moment for me was a conversation I had with my mom. She told me, “No te preocupes todo va estar bien. Dios va a proveer y el tiene un plan. Este plan es grande. No solo vas a poder agarrar tu licencia, podrás ir a la universidad y agarrar un trabajo. Miles de personas como tú podrán.” My dad overhearing said “no le andes diciendo esas cosas a la niña. Tu no sabes eso.” And my mom, being the firm believer that she is, just looked at me and gave me a smile and a wink (the wink is her signature) and said “tu solo cre.” I kid you not I remember this day clearly. The TV in the living room is on and it’s like those special segments on TV, President Obama introducing DACA. As I stand there watching in disbelief and thinking, What? No way, where did this come from? I immediately called my mom and told her what I had just seen. My dad and I were shocked, my mom was right. This moment is the reason my dad no longer questions what mom tells us, no matter how unreachable it might seem.
We wasted no time in finding a lawyer to submit my DACA application. DACA was new, there was no room for mistakes, and it didn’t matter how much it would cost to hire a lawyer. It truly felt like a one shot opportunity for the application process. I don’t have much recollection of how we gathered all the paperwork that was needed or how my parents obtained all the money that was required for the lawyer and application. Everything happened so fast and to be honest I didn’t really know what was being asked for. What I do have a clear memory of was going to get my biometric screening. My parents were afraid of going with me so I remember we asked a close family friend to accompany me. Thinking back on that, I am so grateful that I had someone there with me. Everyone in the USCIS office is so intimidating. When first entering the office it is like going through airport TSA. Take off your shoes, put all of your belongings in a little tub, get scanned and hopefully you don’t set off any of the alarms. When you finally get to scan that little finger print in your appointment, there was this huge sense of relief. A relief that I didn’t even realize I was seeking.
After the biometric screening came the constant checking on the status of my application. Every day multiple times a day I would go online and check to see if there were any changes. I also recall the multiple letters in the mail that I would get from USCIS and each time I remember being one step closer to it being the ONE. When I received my social security card I remember my parents telling me what it was and what it was used for. “No lo vayas a perder. Es muy importante. Tienes que aprenderte esos números. No compartas los números con nadie. Estos son tus numeros para siempre” All I could think about was wow I have one of these now and the message above those 9 numbers. “Valid for work only.” After several months of waiting, it was finally here. This little card had a picture of me with my alien ID number and a 4 year expiration date.
“Breaking News: You don’t have to be invisible anymore”. This is what it felt like learning about Deferred Action for Childhood Arrivals (DACA). June 15, 2012 is likely seared into the minds and hearts of many DACA recipients. Feelings of hope, confusion, joy, apprehension, fear and more after hearing president Obama’s announcement. It was the summer before junior year, and I still remember the tears of joy from my mom as we watched the news.
As I reflect back I can’t help but feel my heart swell with gratitude as I think of my mom’s swift action. How and where she found a lawyer, I don’t know. Where the funds came from and what had to be put on the back burner because of this new expense, I’ll never know. Yet she made it happen, we met with a lawyer whose work would forever change the trajectory of my life. It was her first DACA case and she was unfamiliar with the process as was every lawyer in the country taking on the responsibility of filing these applications for other future DACA recipients. She asked for paperwork that I thought we definitely wouldn’t have, yet my mom would deliver one request after another. She had always taught me to behave like a guest in this country. We never really talked about our immigration status not out of shame but rather because there wasn't anything to do about it. All you could do is be your best self and try to fit in as much as possible.
We were here for the purpose of becoming better, having more, “y para salir adelante”. As immigrants chances are that our lives would follow a predetermined path simply due to the place that we were born in. Our birthplace dictates what would be possible and impossible for us to accomplish. We are taught to: do good in school, find a job, pay our taxes, don’t litter, don’t be disrespectful, be a model citizen. Filled with the hope that one day it will all pay off. This program was when I finally understood why my mom always made sure I was my best self. I learned I was an “unwelcome guest” here and now I had an opportunity to become a “welcomed guest”.
We filed an application two inches thick with paper evidence pleading that I be deemed valuable or worthy of living in the only place I knew to be home. The risk with applying was that I would not be deemed worthy and that I had now put a target on my back to be removed from this country, but it was a risk worth taking. My mothers reassurance that everything would be okay was likely the only thing that helped me hold it together, she believed for the both of us and that was enough to lighten the worry of having to wait the following months for a decision. The decision came, and I remember receiving a notice to complete biometrics. I would have my picture and fingerprints taken, at an immigration center. I can’t help but think of what my mom must’ve felt during this time. The excitement and fear as she had to drive to a place we had been conditioned to avoid like the plague. She had to trust that everything would be okay and wouldn’t be a ploy to capture me and return me to Mexico.
I remember we arrived early and we sat in the car for a bit, fighting back tears. She showered me with words of encouragement. Because she was undocumented we decided she’d wait in the car and I would enter the building myself. Again, her hope and belief being enough for the both of us filled me with courage to enter the appointment by myself. I don’t remember much else about when I entered, only the relief and rush of emotions as I walked out and saw my mom still waiting for me in her car. Tears filled my eyes and I was consumed with happiness that this step was done.
We returned to the waiting game not yet understanding that being able to complete biometrics meant I was on my way to become DACAmented. One step closer to receiving a plastic card, with my picture, fingerprint, signature, alien number, and the years I would be allowed in the country. I was welcomed in the United States of America. This process was the first of five rounds over the next 10 years.
Our Advice to You:
If you are a DACA recipient make sure to check the expiration dates on your cards. Set reminders on your phones, calendars or do something that can serve as a reminder to you of when your work permit expires. It is recommended that you start your renewal process 120-150 days prior to the expiration of your work permit. We have used Google and typed in 120 days from (your expiration date) to figure out the dates (yes we really are that paranoid).
If you are DACA eligible and were affected by the decision made of not allowing new applicants don’t lose hope and stay informed. Find credible sources that you can do monthly or bi monthly check-ins on DACA updates, join facebook groups created by other dreamers and stay connected. Most importantly prepare all of the documentations that are required for the DACA application process. Have all the documentation ready as if you could apply tomorrow. Because like our parents say “uno nunca sabe”.
Proving our presence during the time frame provided by the program was tedious. Our parents reached out to schools, obtained medical records, phone records, anything that was traceable and had a date attached was added to our initial applications. If you are planning on obtaining legal counsel, start reaching out to lawyers and getting an idea of how much the process will cost. You can start saving for the application itself and legal fees. Stay prepared and hopeful that something good is coming!