Know Your Rights. DACA provides essential protections to its recipients – at least for now

In this post, I’ll provide answers to questions like “what is DACA?” “what is deferred action,” and showcase how important it is to know its legal protections.

1. What is DACA?
2. DACA is Deferred Action
3. Work Permits
4. DACA and Traveling

What is DACA?

DACA is not a law. It is a policy decision.

But, “what’s in a name?” you may ask. Didn’t Shakespeare’s Romeo and Juliet say, “that which we call a rose by any other name would smell as sweet[?]” He wasn’t talking about immigration. Labels matter. And, the difference between “law” and “policy” is, well, a pretty big deal.

Laws and policies don’t just have different names. The implications run deeper. Rights given by laws can’t simply be taken away. That’s a good thing because we don’t want a sitting President to take away our freedom of speech with the stroke of a pen.

Yet, so much of immigration law is policy. Non-citizens are treated like ping pong balls, constantly adjusting between red and blue party lines in immigration. What one President giveth, another can take away. Sometimes it’s a good thing, like Biden’s effort to reverse the Remain in Mexico policy. Non-citizens shouldn’t have to live in a world where rules are constantly changing. Can’t we have some basic standards? But I digress – back to DACA.

DACA does not lead to a green card – aka permanent resident status. DACA holders cannot permanently live and work in the U.S. With the change in Presidencies, our Dreamers stand to lose everything. While that’s enough to make me cringe, DACA does provide some essential protections to its recipients.

DACA is deferred action. Let’s take a look at what that means:

DACA is Deferred Action

In immigration speak, “deferred action” pauses government action against a non-citizen. It’s temporary.

President Obama wasn’t the first to use it. The practice dates back to at least the 1960s. The Reagan and Bush Administrations (both Republican Presidents –– go figure!) used deferred action to ensure family unity. The Immigration Reform and Control Act of 1986 created so many mixed-status families. While some husbands were granted legal status, their wives were not. In fact, 1.5 million spouses and children were left out of the equation. It was a rose by a different name back then: indefinite voluntary departure. But the name doesn’t really matter. What matters is that 1.5 million undocumented spouses and minor children weren’t torn away from their families. They were allowed to stay in the U.S.

When talking about deferred action, it’s easier to point out all the things it does not do than what it does.

Deferred Action Does Not:

• Does not give you any lawful status or a pathway to U.S. citizenship,
• Does not allow you to travel (although you can qualify for advanced parole),
• Does not erase any final orders of removal against you.

Deferred Action Does:

• Allow you to stay in the U.S. for a time,
• If you were in removal proceedings before a judge, your case may be paused or dismissed.
• If you had a final removal order, it won’t be enforced while you are in deferred action.

Deferred action is not permanent. It can end at any time and at the agency’s will. Also, specific behavior could kick you out of deferred action. For example, serious crimes or misdemeanors could land you back in immigration custody. You’d be back in the same place you were when deferred action paused your case.

To read more about Deferred Action click here.

Tip #1: Work Permits

DACA allows non-citizens to apply for work authorization. The employment authorization card – or E.A.D. (Isn’t it annoying how many acronyms the government uses?) – enables you to get hired by law-abiding employers in the U.S.

But let’s be real. Work permits protect non-citizens from their employers. Gone are the days when an employer can pay non-citizens under the table and less than minimum wage. Or, even worse, refuse to pay non-citizens just because they can.

Work permits also allow you to get a Social Security Number (SSN). An SSN can ensure you get work credits and benefits from your hard work.

Depending on your state, you can also:

• Get a driver’s license,
• Qualify for in-state tuition and state-funded educational grants,
• State-subsidized health insurance.

To read more about Work Permits click here.

Tip #2 – DACA and Traveling

In my opinion, Advanced Parole is the most promising benefit DACA offers.

Pa·role [pǝ’rōl] means releasing a “prisoner” temporarily or permanently before the completion of a sentence on the promise of good behavior. Example: “he committed a robbery while on parole.” But immigration isn’t supposed to be criminal, right? Right. Except that immigration borrowed almost everything from criminal law.

So, in the immigration context, Advanced Parole means releasing a non-citizen to travel internationally for a particular purpose. When a person qualifies for Advanced Parole, the government promises to let that person back into the U.S. upon their return – scout’s honor.

DACA recipients can ask for Advance Parole for:

1. Humanitarian – visiting an aging relative or attending a family function,
2. Employment – completing an assignment abroad or attending an interview,
3. Education – conducting research or a student exchange program.

You’ll have to show that your travel needs fall within three categories.

The benefit of advanced parole is a creative way to get permanent resident status that DACA itself doesn’t offer. When you knock on America’s door again at J.F.K. or any other international airport, your passport will be stamped, and you’ll even get an I-94 card. You’re now considered an “arriving alien.” Terminology aside – being labeled an arriving alien is kind of a big deal. If you qualify for an underlying visa (think marriage to a U.S. citizen), you can now become a permanent resident. Congratulations!

But, Advanced Parole isn’t guaranteed for all DACA recipients. Plus, there are some situations where a person should not travel on advanced parole.

Every time you stand in line waiting for a Customs and Border Protection (C.B.P.) agent to wave you forward, you risk the government deep diving into every detail of your entire life. New arrests? Old arrests that were missed? Incriminating evidence on your phone? My palms get sweaty just thinking about it.

Expert Tip: Consider running a background check on yourself and resolve any open arrests.

The decision to apply for Advanced Parole is a personal one. Please know that my DACA course addresses all the issues you should consider. While nothing replaces the advice of a qualified attorney, my courses are designed to teach you how to talk about your case. I want you to be your best advocate because: to educate is to empower.

To read more about Deferred Action click here.

If you want to know more about DACA, I can help you with that! Knowing all there is to know about the DACA program increases your confidence in daily activities. The DACA Collection will be the perfect fit for you. I’ll teach you everything you need to know for applying, renewing, and traveling outside of the country. It will also keep you up to date as the program changes.