DACA vs Dreamers: Understanding the Key Differences

DACA and Dreamers are terms that often get used interchangeably, but they represent different groups and legal standings within immigration law. It’s essential to understand these distinctions, especially when discussing policy changes and advocating for immigrant rights. This article provides an in-depth exploration of DACA recipients and Dreamers, their differences, what they face in terms of challenges and opportunities, and what the future might hold for them.

What is DACA?

DACA, or Deferred Action for Childhood Arrivals, is an immigration policy enacted by the Obama administration in 2012. Its primary purpose is to protect eligible undocumented youth who came to the United States as children from deportation. DACA does not provide a path to citizenship or permanent residency but offers renewable two-year deferred action from deportation and eligibility for a work permit.

Key Features of DACA

• Protection from deportation
• Eligibility for a work permit
• Renewable every two years

Who Are the Dreamers?

The term “Dreamers” originally stems from the DREAM Act, a proposed legislation that aimed to provide a path to citizenship for certain undocumented youth who came to the U.S. as minors. Although the DREAM Act has not been passed into law, Dreamers have become a popular collective term for all undocumented immigrants brought to the country as children, including those who are DACA recipients.

Key Characteristics of Dreamers

• Entered the U.S. as minors
• Varied legal protections
• Not all are DACA recipients

Legal Status of DACA Recipients vs Dreamers

The primary difference between DACA recipients and other Dreamers lies in their legal status. DACA recipients receive deferred action from deportation and a work permit, whereas other Dreamers may not have such protections or benefits. This means that DACA recipients have a somewhat stabilized status compared to their non-DACA peers, but neither group has a clear path to permanent residency or citizenship under current law.

Legal Protections for DACA Recipients

• Temporary relief from deportation
• Work authorization

Limitations for Dreamers Without DACA

• No formal legal status
• Risk of deportation
• No work authorization

Eligibility Requirements

To qualify for DACA, individuals must meet specific requirements set forth by the U.S. Citizenship and Immigration Services (USCIS). These requirements include age restrictions, educational qualifications, and a generally clean criminal record.

DACA Eligibility Criteria

• Under 31 years of age as of June 15, 2012
• Entered the U.S. before reaching your 16th birthday
• Continuous residence in the U.S. since June 15, 2007
• Physically present in the U.S. on June 15, 2012, and at the time of applying
• Currently in school, graduated, or obtained a GED
• No significant criminal record

Benefits and Limitations

While DACA provides significant benefits such as work authorization and a reprieve from deportation, it also comes with limitations that can impact a recipient’s long-term security and opportunities.

Benefits of DACA

• Work authorization: Enables recipients to obtain legal employment
• Protection from deportation: Temporary relief from the threat of removal
• Educational opportunities: Eligibility for in-state tuition and scholarships

Limitations of DACA

• Temporary status: Subject to renewal every two years
• No path to citizenship: Does not provide permanent residency or citizenship
• Uncertainty: Program’s future subject to political changes

The DACA Renewal Process

Renewing DACA status involves several steps and can be a stringent process. DACA recipients must submit their renewal paperwork and accompanying fees to USCIS and, in most cases, must undergo a background check.

Steps to Renew DACA

1. Submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals
2. Submit Form I-765, Application for Employment Authorization
3. Pay the required fees
4. Provide supporting documents
5. Undergo a background check

Current Legal Challenges

DACA has faced numerous legal challenges since its inception. Various lawsuits and executive actions have put the program’s future in jeopardy, creating an environment of uncertainty for recipients.

Notable Legal Battles

• 2017: The Trump administration’s attempt to rescind DACA
• 2018: Supreme Court’s temporary block on termination
• 2020: Supreme Court rules against the administration’s attempt to end DACA

What Does the Future Hold?

The future of both DACA recipients and Dreamers remains uncertain. Legislative proposals like the DREAM Act and other immigration reforms could potentially offer more stable futures for these groups, but bipartisan agreement is necessary to enact such changes.

Potential Legislative Changes

• DREAM Act: Offers a pathway to citizenship
• American Dream and Promise Act: More comprehensive reform
• Bipartisan support: Essential for lasting change

Conclusion

Understanding the differences between DACA recipients and Dreamers is crucial for meaningful discussions on immigration policy and reform. While DACA provides temporary relief and work authorization, it falls short of offering permanent security or a path to citizenship. Dreamers, on the other hand, encompass a broader group of undocumented youth who share similar challenges but do not necessarily have the same legal protections.

The future remains uncertain, but continued advocacy and legislative efforts are essential to secure a more stable and equitable future for both DACA recipients and Dreamers.

If you or someone you know is navigating through immigration issues, we’re here to help. Contact us today at (212) 566-3572 or click here to reach out to our experienced legal team for personalized assistance.

FAQs

1. What does DACA stand for?

DACA stands for Deferred Action for Childhood Arrivals. It is an immigration policy that offers temporary protection from deportation and eligibility for a work permit to eligible undocumented youth.

2. Who qualifies as a Dreamer?

Dreamers are undocumented immigrants who were brought to the U.S. as children. The term originally comes from the DREAM Act, proposed legislation aimed at providing them with a path to citizenship.

3. Can DACA recipients become U.S. citizens?

No, DACA does not offer a path to citizenship. It only provides temporary protection and work authorization.

4. How often do DACA recipients need to renew their status?

DACA recipients must renew their status every two years.

5. What happens if DACA is terminated?

If DACA is terminated, recipients risk losing their work authorization and protection from deportation.

6. Are Dreamers eligible for federal financial aid for education?

No, Dreamers are not eligible for federal financial aid but may qualify for state financial aid and scholarships depending on the state they reside in.

7. Can DACA recipients travel outside the U.S.?

DACA recipients may travel outside the U.S. only if they have received advance parole, a permission granted for specific purposes like work, school, or humanitarian reasons.

8. What is the difference between DACA and the DREAM Act?

DACA is a policy providing temporary relief from deportation and work authorization, while the DREAM Act is proposed legislation aiming to provide a path to citizenship for eligible undocumented youth.

9. How many Dreamers are there in the U.S.?

There are an estimated 1.7 million Dreamers in the U.S., with about 700,000 of them being DACA recipients.

10. What is the primary challenge facing DACA recipients and Dreamers?

The primary challenge is the lack of a clear and permanent path to residency or citizenship, creating uncertainty about their future in the USA