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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

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July 6, 2017
Judge Tom
Blog, You and Other Important Rights, Your Rights
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What is DACA and does it apply to me?

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DACA

DACA refers to the federal program called Deferred Action for Childhood Arrivals. It began in 2012 and allows individuals who came to the United States as undocumented children, and who meet certain qualifications, to request deferred action against removal for two years. Once granted, you are provided a work permit good for two years and you can apply for a two-year extension. Many of these persons were brought to the U.S. by their parents when infants or young children. Approximately 800,000 individuals have participated in the program. Until Congress acts, DACA does not provide a path to citizenship or any permanent protections.

You can apply for DACA status if you meet the following qualifications:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. 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.

Update:  On June 18, 2020, the U.S. Supreme Court upheld the DACA program, ruling 5-4 that the government’s challenge to it failed on procedural grounds. As Justice Roberts wrote in the Court’s opinion, the Department of Homeland Security did not provide a reasoned explanation for ending the program, nor did it address the hardship to DACA recipients. There were three cases consolidated before the court under the title Department of Homeland Security v. Regents of the University of California. This decision keeps in place the protection against deportation and the ability to work legally.

For more information about DACA, go to www.uscis.gov  (U.S. Citizenship and Immigration Services).

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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