Understanding DAPA & DACA in Immigration Reform

Immigration news is buzzing with coverage of the U.S. Supreme Court’s case on immigration reform. The Obama administration created DAPA and DACA. Deferred status is not something new; in fact, the Department of Homeland Security (DHS) and previous presidents have used the authority to defer deportation in certain, individual cases. Additionally, deferment doesn’t mean legal citizenship. A deferred deportation status grants the immigrant with a period of time that they can stay in the U.S. without fear of deportation. When expired, renewal can be applied for.  

US Immigration Bonds and Insurance Services states that an easy way to think of DAPA and DACA is a decriminalization of illegal immigration; although admittedly that is an oversimplification of a very complex immigration policy.  

DAPA (Deferred Action for Parents of Americans) 

Under this immigration policy, parents to children born in the United States who have lived here continuously since 2010 would be granted deferred action status. It gives the immigrant a period of 3 years when they are deemed “not a priority for deportation”. It also gives the immigrant the eligibility to work legally in the US. 

DACA (Deferred Action for Childhood Arrivals) 

Immigration news of DACA first spread in 2012. The policy states that any child that arrived in the US before their 16th birthday, has lived here for at least 5 years since January 2007 and is currently in school, graduated, or taken the GED equivalency.  

There is a fee to register for both programs. The Supreme Court is currently deciding whether the policy is constitutionally legal and at this point, no definitive answer exists.