Categorías OklahomaState Regulations and Laws

Deferred Action for Childhood Arrivals (DACA) Recipients in Oklahoma

1. What is DACA?

DACA, or Deferred Action for Childhood Arrivals, is a program established in 2012 by the Obama administration that allows certain undocumented immigrants who entered the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. To qualify for DACA, individuals must meet several strict criteria, such as having arrived in the U.S. before the age of 16, being enrolled in school or having a high school diploma, and passing a background check. DACA does not provide a path to permanent residency or citizenship, but it does offer temporary relief from deportation and allows beneficiaries to legally work in the United States.

2. Who is eligible for DACA?

Individuals who are eligible for Temporary Protected Status (TPS) are foreign nationals who are unable to safely return to their home country due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. In order to qualify for TPS, individuals must meet specific eligibility requirements such as being a national of a country designated for TPS, having continuously resided in the United States since a specified date, and not having been convicted of certain criminal offenses. Additionally, applicants must undergo background checks and submit an application during the designated registration period to be considered for TPS protection. It is important for individuals to adhere to all requirements and deadlines set by the U.S. Citizenship and Immigration Services to maintain their TPS status and work authorization.

3. How many DACA recipients are in Oklahoma?

As of September 2021, there were approximately 7,000 DACA recipients in the state of Oklahoma. DACA, or Deferred Action for Childhood Arrivals, is a program that provides temporary protection from deportation and work authorization for individuals who were brought to the United States as children without legal documentation. These individuals are often referred to as “Dreamers. It is important to note that this number may have changed since then due to new applications being approved or individuals no longer meeting the criteria for DACA status. Oklahoma is home to a significant number of DACA recipients who contribute to the state’s economy and communities.

4. What benefits does DACA provide?

DACA, or Deferred Action for Childhood Arrivals, provides several benefits to eligible individuals, including:

1. Protection from deportation: DACA recipients are granted temporary relief from deportation, allowing them to live and work in the United States without fear of being removed from the country.

2. Work authorization: DACA recipients are eligible to apply for work authorization, allowing them to legally work in the United States and obtain a Social Security number.

3. Driver’s licenses: In many states, DACA recipients are able to apply for and obtain driver’s licenses, enabling them to drive legally.

4. Access to education: DACA recipients may be eligible for in-state tuition rates at colleges and universities in some states, making higher education more affordable and accessible.

Overall, DACA provides important protections and opportunities for individuals who were brought to the United States as children and have grown up in the country.

5. How can someone apply for DACA in Oklahoma?

To apply for DACA in Oklahoma, individuals must meet the following criteria:

1. Be under the age of 31 as of June 15, 2012.
2. Have come to the United States before reaching your 16th birthday.
3. Have continuously lived in the United States since June 15, 2007.
4. Have been physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action.
5. Have entered the United States without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
6. Be 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.
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

To apply, individuals should gather the required documentation and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with supporting evidence to the United States Citizenship and Immigration Services (USCIS). It is recommended to consult with an immigration attorney to ensure the application is completed accurately and to navigate any legal complexities that may arise.

6. What are the fees associated with the DACA application process?

The fees associated with the DACA application process include the filing fee for Form I-821D (Consideration of Deferred Action for Childhood Arrivals) which is $495, as well as the biometric services fee which is $85 for applicants aged 14-78. It is important to note that these fees are subject to change and individuals should always verify the current fees on the official USCIS website before submitting their application. Additionally, it is worth considering any potential legal fees or costs associated with obtaining supporting documentation or assistance from immigration lawyers or consultants during the application process.

7. What rights do DACA recipients have in Oklahoma?

DACA recipients in Oklahoma, as in all states, have certain rights and protections under the program. These rights include:

1. Employment Authorization: DACA recipients in Oklahoma have the right to work legally in the United States by obtaining an Employment Authorization Document (EAD) through the DACA program.
2. Social Security Number: DACA recipients are eligible to apply for a Social Security Number, which allows them to work, pay taxes, and access certain benefits.
3. Driver’s License: In Oklahoma, DACA recipients are eligible to apply for a driver’s license or state identification card, which can help them navigate daily activities and access opportunities.
4. Education Opportunities: DACA recipients have the right to pursue educational opportunities in Oklahoma, including attending college or university as in-state residents in some cases.
5. Protection from deportation: While DACA does not provide a pathway to permanent residency or citizenship, it does offer protection from deportation for eligible individuals, allowing them to live and work in the United States without fear of removal.
6. Due Process Rights: DACA recipients have the right to due process under the law, including the right to be notified of any potential enforcement actions and to have access to legal representation.

It is important to note that DACA rights and protections are subject to change based on legislative and administrative actions, so staying informed and seeking legal guidance are crucial for DACA recipients in Oklahoma to understand and assert their rights effectively.

8. Can DACA recipients in Oklahoma apply for in-state tuition?

DACA recipients in Oklahoma may be eligible to apply for in-state tuition, depending on the specific policies of each individual college or university. Some institutions in Oklahoma may allow DACA recipients to qualify for in-state tuition rates if they meet certain residency requirements, such as having lived in the state for a certain period of time. It is important for DACA recipients to check with the admissions office or financial aid office of the school they are interested in attending to inquire about their specific policies regarding tuition rates for DACA recipients. Additionally, seeking guidance from a legal expert or immigration attorney who is knowledgeable about education policies for DACA recipients in Oklahoma may be beneficial in navigating this process.

9. What is the current status of DACA under the Biden administration?

Under the Biden administration, the current status of DACA (Deferred Action for Childhood Arrivals) has seen some positive developments. President Biden signed an executive order in his first week in office to protect and fortify the DACA program, which provides temporary protection from deportation and work authorization for undocumented individuals who were brought to the U.S. as children. The administration has also proposed a pathway to citizenship for DACA recipients and other undocumented immigrants, providing hope for a more permanent solution to their immigration status. Additionally, the Department of Homeland Security has issued new guidelines to prioritize the processing of DACA applications and renewals, aiming to improve the efficiency and accessibility of the program.

10. Are DACA recipients in Oklahoma eligible for state financial aid for college?

No, DACA (Deferred Action for Childhood Arrivals) recipients in Oklahoma are not eligible for state financial aid for college. DACA recipients are not eligible for federal financial aid, including Pell Grants and federal student loans. In some states, DACA recipients may qualify for in-state tuition at public colleges and universities, but they are generally not eligible for state-funded financial aid programs. It is important for DACA recipients to research and apply for scholarships and private grants to help fund their college education. Additionally, some colleges and universities may have their own institutional aid programs that DACA recipients can apply for.

11. Can DACA recipients in Oklahoma travel outside the United States?

DACA recipients in Oklahoma, like all DACA recipients nationwide, are able to travel outside of the United States under limited circumstances. In order to do so, they must first apply for and receive advanced parole from the U.S. Citizenship and Immigration Services (USCIS). This document allows DACA recipients to temporarily leave the country for educational, employment, or humanitarian purposes. However, it is important to note that traveling outside the U.S. without approved advanced parole can put a DACA recipient’s status at risk, as it may be considered abandonment of their DACA status.

1. DACA recipients should carefully follow the guidelines and requirements for obtaining advanced parole before traveling.
2. It is recommended that DACA recipients consult with an immigration attorney to ensure they meet all necessary criteria and have proper documentation for their travels.

12. Are there any local organizations in Oklahoma that provide support for DACA recipients?

Yes, there are local organizations in Oklahoma that provide support for DACA recipients. Some of these organizations include:
1. Dream Action Oklahoma: This organization works to empower immigrant youth and their families through advocacy, education, and community organizing. They offer resources and support for DACA recipients in Oklahoma.
2. Oklahoma City Public Schools Foundation: They provide resources and support for DACA students within the school district, including assistance with college applications, scholarship opportunities, and mental health services.
3. Hispanic American Foundation of Oklahoma: This organization offers legal resources and support services for DACA recipients and other immigrant communities in Oklahoma.
4. Oklahoma Center for Community and Justice: They provide advocacy and support for DACA recipients facing discrimination or challenges in their communities.

These organizations play a crucial role in providing assistance, resources, and advocacy for DACA recipients in Oklahoma, helping them navigate the challenges they may face due to their immigration status.

13. What are the employment opportunities for DACA recipients in Oklahoma?

As an expert in Temporary Protected Status (TPS), it is important to clarify that the question refers to DACA recipients, who are different from TPS holders. DACA, or Deferred Action for Childhood Arrivals, provides protection from deportation and work authorization for certain undocumented individuals who came to the United States as children. Although Oklahoma is not known for having specific laws or restrictions against DACA recipients in terms of employment, job opportunities for DACA recipients in the state are largely dependent on individual employers and the industries in which they seek employment.

1. DACA recipients in Oklahoma may find employment opportunities in sectors such as hospitality, retail, food service, agriculture, and healthcare.
2. They may also pursue careers in education, social services, non-profit organizations, and technology, depending on their qualifications and skills.
3. DACA recipients should be aware of any state-specific regulations or employer requirements related to their immigration status when seeking employment in Oklahoma.
4. Networking, seeking assistance from immigrant advocacy organizations, and staying informed about changes in immigration policies are essential for DACA recipients navigating the job market in Oklahoma.

14. How long does DACA protection last?

DACA protection, or Deferred Action for Childhood Arrivals, typically lasts for a period of two years from the date of approval. Recipients are required to apply for renewal every two years to maintain their status and continue to be protected from deportation. It is important for DACA recipients to submit a renewal application well before their current period of protection expires to ensure they do not experience any gaps in their coverage. Additionally, it is essential for DACA recipients to stay informed about any changes to the program or policies that may impact their eligibility or renewal process.

15. Can DACA recipients in Oklahoma apply for a driver’s license?

No, DACA recipients in Oklahoma cannot apply for a driver’s license. This is because Oklahoma does not issue driver’s licenses to individuals who are undocumented or do not have lawful status in the United States, which includes DACA recipients. Additionally, DACA is a temporary protection from deportation and does not provide a pathway to lawful status or citizenship. As a result, DACA recipients are ineligible for certain benefits and privileges that are typically available to those with lawful immigration status, such as obtaining a driver’s license in Oklahoma.

It is important for DACA recipients to be aware of the specific regulations and limitations regarding driver’s licenses in their state and to seek alternative forms of identification if needed for everyday tasks such as driving or identification purposes.

16. Are DACA recipients in Oklahoma eligible for health insurance?

1. DACA recipients in Oklahoma may be eligible for health insurance coverage through various avenues. Some DACA recipients may qualify for Medicaid in Oklahoma, depending on their income level and other eligibility criteria. Additionally, they may be eligible to purchase health insurance through the Health Insurance Marketplace established by the Affordable Care Act. DACA recipients can apply for health coverage during the open enrollment period or qualify for special enrollment periods under certain circumstances.

2. It is essential for DACA recipients in Oklahoma to explore their options for health insurance coverage and determine the best fit for their specific needs. Seeking assistance from a qualified healthcare navigator or enrollment counselor can help DACA recipients navigate the process of applying for health insurance and understanding their coverage options. It is also recommended to stay informed about any changes in healthcare policies that may impact eligibility for health insurance coverage in Oklahoma.

17. How has DACA impacted the lives of recipients in Oklahoma?

1. DACA, or Deferred Action for Childhood Arrivals, has had a significant impact on the lives of recipients in Oklahoma. Through DACA, individuals who were brought to the United States as children have been able to receive protection from deportation and work authorization, allowing them to pursue education, employment, and other opportunities without the constant fear of being removed from the country they call home.

2. In Oklahoma specifically, DACA recipients have been able to contribute to the local economy by obtaining jobs, starting businesses, and paying taxes. These individuals have also been able to pursue higher education, which has a positive ripple effect on the community as a whole.

3. Additionally, DACA has provided recipients in Oklahoma with a sense of security and stability, allowing them to plan for their future and invest in their communities. Many DACA recipients in Oklahoma have become actively involved in advocacy efforts, working to raise awareness about immigration issues and push for comprehensive immigration reform.

4. It is important to note that DACA is a temporary status and its future is uncertain, creating ongoing uncertainty and anxiety for recipients in Oklahoma and across the country. The status of DACA recipients continues to be a topic of debate and legal challenges, highlighting the need for a permanent solution for these individuals who have grown up in the United States and call it their home.

18. What are the risks of applying for DACA?

Applying for DACA (Deferred Action for Childhood Arrivals) does come with certain risks that individuals should carefully consider before submitting their application. Some of the potential risks include:

1. Legal Status Uncertainty: DACA status is temporary and subject to change based on political decisions. There is no guarantee that DACA will continue to exist in the future, which could leave recipients vulnerable to deportation.

2. Exposure of Personal Information: When applying for DACA, individuals are required to disclose personal information about themselves and their families. This information could potentially be used against them in the future if DACA is discontinued.

3. Travel Restrictions: DACA recipients face restrictions on international travel. Leaving the country without proper authorization can jeopardize their DACA status and lead to potential deportation.

4. Employment Limitations: While DACA provides work authorization, it is only valid for a limited period of time. This can create uncertainties in terms of long-term job prospects and stability.

5. Financial Costs: Applying for DACA can be costly, with fees associated with the application process. For some individuals, this financial burden may be a barrier to pursuing DACA.

Before applying for DACA, individuals should weigh these risks alongside the potential benefits of obtaining temporary relief from deportation and work authorization. Consulting with an immigration attorney or authorized representative can help individuals make an informed decision based on their specific circumstances.

19. Can DACA recipients in Oklahoma become permanent residents or U.S. citizens?

DACA recipients in Oklahoma, like all other DACA recipients in the United States, are not automatically eligible to become permanent residents or U.S. citizens solely based on their DACA status. However, there are potential pathways for DACA recipients to obtain lawful permanent resident status and eventually citizenship.

1. Family-based immigration: DACA recipients may be able to obtain permanent residency through a qualifying family member who is a U.S. citizen or lawful permanent resident.

2. Employment-based immigration: DACA recipients may be eligible for certain employment-based visas that could lead to permanent residency if they have a job offer from a U.S. employer.

3. Special immigrant programs: Some DACA recipients may qualify for certain special immigrant programs, such as those for victims of crime or human trafficking, which could lead to permanent residency.

4. Asylum or refugee status: DACA recipients who meet the criteria for asylum or refugee status may be able to obtain permanent residency through these humanitarian programs.

5. Diversity visa lottery: DACA recipients may also be eligible to participate in the diversity visa lottery, which provides a limited number of visas to individuals from countries with low rates of immigration to the U.S.

It is important for DACA recipients in Oklahoma to consult with an immigration attorney or accredited representative to explore their options for obtaining permanent residency and citizenship based on their individual circumstances.

20. What should DACA recipients do if they are facing deportation proceedings?

DACA recipients facing deportation proceedings should take immediate action to protect their rights and explore legal options to defend against removal from the United States. Here are some steps they should consider:

1. Contact an attorney: DACA recipients should seek legal representation from an immigration lawyer with experience in deportation defense. An attorney can provide guidance on the best legal strategies and options available to fight the deportation proceedings.

2. Stay informed: It is important for DACA recipients to stay informed about their rights and the legal process involved in deportation proceedings. They should educate themselves about their options and responsibilities during this challenging time.

3. Gather documentation: DACA recipients should gather all relevant documents related to their immigration status, employment history, family ties, and any other factors that may support their case for relief from deportation.

4. Attend all immigration hearings: It is crucial for DACA recipients to attend all scheduled court hearings and comply with any orders from immigration authorities. Failure to appear at a hearing can have severe consequences and may result in a deportation order.

5. Explore legal remedies: DACA recipients should explore all available legal remedies to halt or delay deportation, such as applying for asylum, cancellation of removal, or other forms of relief.

By taking these proactive steps and seeking legal assistance, DACA recipients can increase their chances of successfully defending against deportation proceedings and remaining in the United States.