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Is DACA active in 2023?

On Behalf of | Feb 7, 2023 | Immigration & Naturalization |

The immigrant share of Oregon’s population is 9.9%. Immigrants are a vital presence in the classroom and in the workforce, contributing to society with substantial spending power as well as local, state and federal tax payments.

Deferred Action for Childhood Arrivals (DACA)

The road to assimilation into society can be thorny, and for many the threat of deportation is real. On June 15, 2012, a law was established to allow undocumented immigrants to obtain a deferred action status, subject to renewal, against deportation. This program is commonly known as DACA. The criteria for approval included:

  • You were born on or after June 16, 1981.
  • You arrived in the U.S. before the age of 16.
  • You’ve continuously resided in the United States since June 15, 2007 until the date of your DACA application.
  • You were physically present in the United States on June 15, 2012 and on the date of your DACA application.
  • You had no lawful immigration status on June 15, 2012 or at the time of your DACA application.
  • You’re currently enrolled in school or you have a high school diploma or its equivalent, or you have been honorably discharged from the U.S. Coast Guard or armed forces.
  • You have no felony or significant misdemeanor convictions, nor three or more misdemeanors, and you do not otherwise pose a threat to public safety or national security.

DACA hits a roadblock

In September 2017, then-President Trump put the brakes on DACA, but political agitation on both sides of the policy question continued.

After some legal back and forth, in August 2022, the Department of Homeland Security instituted the DACA Final Rule which replaces and strengthens the 2012 law within certain limits. The rule went into effect on October 31, 2022.

At this time, DACA renewal requests and accompanying requests for employment authorization will be accepted and processed. Initial DACA requests will be accepted as well — however, they will not be processed.

The struggle continues. It’s essential to know your rights. If you or a loved one are faced with these complex matters, it’s also helpful to consult with counsel experienced in this area of the law.