Deferred Action for Childhood Arrivals (DACA)
Socorro Yepez, Maryinez Cano, Liliana Pulido, and Stephen Maney SW 5014 Law and Ethics
Professor Yvonne Berenguer, MSW
Due: March 04, 2015
In the past thirty years the Unites States has been experiencing a growing number of immigrants, it is estimated that more than eleven million immigrants are currently living undocumented in the country (Arco, 2014). With such a growth of undocumented immigrants, there have been failed legislative efforts in trying to address childhood arrivals. The first effort that tried to address childhood arrivals occurred in 1982 with the Unites Stated Supreme Court’s decision in Plyler v. Dow (Richard, 2013). The Supreme Court’s decision stated that a state could not deny public schooling to children based on their status (Richard, 2013). Another effort, and a most recent one, in trying to address childhood arrivals occurred in 2001. The Development, Relief, and Education for Alien Minors (DREAM Act) was an immigration reform that would have benefited those who came to the United States as children and are now helpful and productive members of society (Warley, 2012). However, the DREAM Act failed to pass after the terrorist attack on September 11, 2001 due to the United States changing their view on immigrants and the nation’s security (Richard, 2013).
After the failed effort of the DREAM Act, the undocumented youth began organizing themselves and formed a grassroots movement (Arco, 2014). “The pressure from the grassroots movement and the persistent legislative failure to act caused President Barak Obama to pass the Deferred Action for Childhood Arrivals (DACA) policy in 2012” (Arco, 2014). DACA is a deferred action policy that provides legal accommodations for some youth and young adults who were brought as children to the United States (Richard, 2013). DACA is designed to provide two year permits that will assist those who qualify for this deferred action from being deported and obtaining permission to legally to work in the United States (Richard, 2013). Through the DACA, qualified youth and young adults will be able to obtain a social security number, legally get employed, and give back to the country they grew up in. Although, “DACA is a great step towards immigration reform, DACA does not provide a path to permanent residency nor to naturalization” (Warley, 2012).
Those who arrived to the United Stated as children can apply for DACA policy. However, there are five requirements to qualify for DACA. These requirements can be a problem in service delivery because of what they entail. The first two requirements are to have arrived to the Unites States before the age of sixteen and have continuously reside in the country or at least been here for the last five years before June 15, 2012 (Arco, 2014). The third requirement is to be in school, graduated from high school, having obtained a general education certificate (GED) or have been honorably discharged from the United Stated Armed Forces or Coast Guard (Arco, 2014). The fourth requirement in the application process is to have a clean record, which means they haven’t been convicted of a felony, serious misdemeanor or misdemeanors, nor be a threat to society (Arco, 2014). Lastly, the fifth requirement requires applicants to pass a background check and be under the age of thirty (Arco, 2014). Those who meet these requirements need to file an application and wait for approval. On the other hand, those who are indecisive about whether or not they qualify for DACA should seek legal advice. If they don’t seek legal advice and file an application, not only will they not be eligible for DACA, but they can put themselves and their family at risk since the information they provided when applying can be share with law enforcement and national security agencies. Thus, those applicants can put themselves and their family at risk of deportation or...
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