Are Dreamers and Undocumented Children now Left Without a Dream?

With the pending anxiety that the United States Supreme Court will be making its decision sooner rather than later on DACA, many are uncertain…

With the U.S. Supreme Court will be making its decision sooner rather than later on DACA, many are uncertain what types of relief are now available to noncitizen children to obtain lawful status. We’ve compiled a list of relief that are still available to undocumented children and may be considered based on each individual’s circumstances.

What is DACA?

DACA is the Deferred Action for Childhood Arrivals Act that provided deportation protection for young people with unlawful presence who came to the United States as children (before their 16th birthday). It was launched by President Barack Obama in 2012 and allowed these young people to be lawfully present, obtain a driver’s license and work permit without the fear of deportation. The program expires after two years and was subject to renewal.

What is the status of DACA now & Why was it Eliminated?

Since the Trump administration has taken place, the moved to end DACA in 2017. DACA came to an end after President Trump was threatened by several conservative state attorneys general who argued that the policy was an overreach of the presidential powers. The cancellation of the program on hold, and a Supreme Court decision is expected by this summer 2020.

Initial DACA applications are not currently being accepted by the USCIS.

What are the options for Undocumented Children in the U.S. without status?

Special Immigrant Juvenile Status (SIJS)
i. SIJS provides a path to lawful permanent residence to children who are under the jurisdiction of the juvenile court. These children must be declared a dependent of the state and cannot be reunified with their parent(s) due to abuse, neglect, abandonment, or likewise under state law.

ii. Under SIJS, the child must be under 21 and unmarried.

iii. Once the child is declared a dependent and the juvenile court finds the child cannot be reunified with the parent/(s) due to the circumstances mentioned above, they must also find it’s not in the best interest of the child to return to their country of origin.

Violence against Women Act (VAWA)
i. VAWA permits certain abused family members of a US citizen or permanent resident to self-petition without help of the abuser.

ii. An abused noncitizen child(ren) of a U.S. citizen or permanent resident, or a child (abused or not) of a parent who was abused by a U.S. citizen or permanent resident are all eligible to apply.

iii. The child must has resided with the abuser, be under the age of 21 and unmarried (may be up to age 25), must be of good moral character, and the abuse can include physical, emotional, or psychological abuse.

U Nonimmigrant Status
i. U Status permits noncitizens who are victims of serious crimes and are willing to assist in the investigation or prosecution of those crimes to remain in the US legally for 4 years with a temporary visa.

Trafficking Visa aka T Visa
i. The T Visa allows noncitizen who have been the victims of severe forms of human trafficking to remain legally in the U.S. for 4 years with a temporary visa.

ii. The noncitizen may obtain employment authorization to work while in the country. The victim must be admissible, comply with request for assistance in the investigation or prosecution of the trafficking, and would suffer extreme hardship if removed.

Asylum
i. Asylum permits persons who fear persecution in their home country because of their race, religion, nationality, political opinion or membership in a particular social group to remain in the U.S. and eventually obtain lawful permanent residency.

ii. Generally, the noncitizen must apply within one year of arriving in the U.S. However, for unaccompanied minors they are exempt from the requirement that they apply within one year.

Temporary Protected Status (TPS)
i. Allows for noncitizens from certain countries that have experienced devastating natural disaster, civil war, or other unstable circumstances to remain lawfully in the United States.

ii. This temporary relief allows the applicant to live and work in the U.S. and this status is renewable as long as the designation persists.

iii. The applicant must prove they are a national of the designated country and have been in the United States since the required date.

Family Visas

i. Allows noncitizens to immigrate to the U.S. through a lawful U.S. Citizen or a lawful permanent resident family member.

ii. The family member must:
-Prove lawful residence or citizenship and the requisite family relationship.
-Be willing to help the noncitizen through the process and file an affidavit of financial support.