Deferred Action for Childhood Arrivals, DACA

Imagine yourself for a moment planning a night out with someone special. Instead of the night turning out how you had planned, the evening ends with you being forced to walk across the border into Mexico with nothing – just the clothes on your back. On top of that, you are mugged and beaten. 

This is what 23-year-old Juan Montes claims happened to him.  He says that after a date with his girlfriend, he had a bite to eat with a friend, and accidentally left his wallet in their car.  As he was waiting for his ride, CBP agents picked him up. They did not allow him to get his wallet, which contained documentation he is under active protection from DACA through 2018. After being taken to a detention center, he was walked across the border.    

Details to Juan’s story are still transpiring as his activist lawyers battle his case. The government says this is not the correct record of events.  We can only trust with time the truth comes out and all is made well. 

Juan’s story brings up interesting questions though. What is DACA, who qualifies, and why is Juan’s deportation so important to 750,000 people?  

DACA, or Deferred Action for Childhood Arrivals is a program that was instituted under President Obama in June 2012.  The program was created for individuals who came to the U.S. as children. They must meet several guidelines to be approved under DACA, which provides two year increments of deferred action, not to be confused with lawful status. The program also allows a DACA recipient to lawfully work (work authorization). Once approved, a person can apply to renew his or her DACA status for an additional two years.    

Some of the DACA program qualifications include age, education and military service. An example of the age guidelines would be that as of June 15, 2012 (the date the DACA program began) you were under the age of 31.  Another age guideline is that you came to the U.S. before you turned 16 years old.  An example of the education requirement is that you are enrolled in school, graduated from high school, or obtained your GED.  For a full list of the guidelines and to view a video, please click the link below. 

Why is Juan’s deportation important to the 750,000 people current protected from removal action under DACA? The answer lies in President Trump’s campaign topics. During this time period, Trump stated he would eliminate the DACA program. To date the program is still in effect.  President Trump later stated he has a big heart and a soft spot for these young people and they should not be worried. Juan Montes’ case could be the first case that causes 750,000 people to worry about their approved DACA status. 

Are you one of our neighbors in Westchester County including Rye, Elmsford and Sleepy Hallow, New York that live in fear of deportation every day? Did you escape to America to build your dream life for yourself and your children, but worry because you have yet to attain any legal status? Call us! Our job is to represent you in making your American dream come true.  Whatever your immigration status, let our experience lawyers help get you on the path to peace of mind.  Call The Claro Law Firm today at 917-300-3334 or visit us online to talk to a knowledgeable immigration attorney. Se Habla Español.  

DACA video