Categories CaliforniaState Regulations and Laws

Deferred Action for Childhood Arrivals (DACA) Recipients in California

1. What is DACA?

DACA stands for Deferred Action for Childhood Arrivals. It is a program established by President Barack Obama in 2012 that provides temporary relief from deportation and work authorization to undocumented immigrants who were brought to the United States as children. To be eligible for DACA, individuals must meet specific criteria, such as arriving in the U.S. before turning 16, being under the age of 31 as of June 15, 2012, and continuously residing in the U.S. since June 15, 2007. DACA recipients, also known as Dreamers, must renew their status every two years and may work legally in the U.S. DACA does not provide a pathway to citizenship but offers temporary protection from deportation and the ability to work legally.

2. Who qualifies for DACA in California?

Individuals who qualify for Temporary Protected Status (TPS) in the United States are those who are from designated countries afflicted by natural disasters, armed conflict, or other extraordinary circumstances that make it unsafe for them to return home. To be eligible for TPS, applicants must meet specific criteria set by the Department of Homeland Security, including continuous physical presence in the U.S., no felony convictions, and timely registration during the designated registration period. TPS provides temporary protection from deportation and allows individuals to work legally in the United States. Countries are designated for TPS by the U.S. government based on the conditions in that country that prevent its nationals from returning safely. TPS designation is temporary, but it can be extended depending on the situation in the home country.

3. How long does DACA protection last?

Temporary Protected Status (TPS) is a form of humanitarian relief that allows individuals from designated countries facing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions to remain in the United States. TPS provides protection from deportation and work authorization to eligible individuals for a designated period of time. The length of TPS designation varies depending on the country’s specific circumstances, but it typically lasts for 6 to 18 months before being reevaluated and potentially extended. It is important to stay informed about the TPS designation for your country and the deadlines for re-registration to maintain your protected status.

4. Can DACA recipients in California apply for financial aid for college?

1. Yes, DACA recipients in California are eligible to apply for state financial aid programs for college. In California, the state has its own financial aid programs for undocumented students, including DACA recipients. One of the key programs is the California Dream Act, which allows eligible undocumented students, including DACA recipients, to apply for state financial aid, such as grants, scholarships, and loans to help cover the cost of attending college.

2. To apply for state financial aid in California as a DACA recipient, students must meet certain criteria, including attending an eligible California high school, meeting the AB 540 non-resident tuition exemption requirements, and demonstrate financial need. DACA recipients must also submit the California Dream Act Application by the specified deadline, provide any required documentation, and meet the eligibility requirements for specific financial aid programs.

3. It is important for DACA recipients in California who are considering applying for financial aid for college to carefully review the eligibility criteria and requirements of the California Dream Act and other state financial aid programs. Seeking guidance from a financial aid counselor or immigration attorney can also be helpful in navigating the application process and ensuring that all necessary documents are submitted accurately and on time.

4. Overall, DACA recipients in California have the opportunity to access state financial aid programs to pursue their college education and achieve their academic goals. By taking advantage of the resources and support available, DACA recipients can work towards obtaining a higher education and fulfilling their potential, despite the challenges they may face as undocumented individuals.

5. Can DACA recipients in California get a driver’s license?

Yes, DACA recipients in California are able to obtain a driver’s license. This is because in California, the state allows individuals with approved DACA (Deferred Action for Childhood Arrivals) status to apply for and receive a driver’s license. California state law does not withhold driver’s licenses from DACA recipients, recognizing the validity of their DACA status as well as the importance of allowing them to legally drive in the state. DACA recipients must meet all other requirements set forth by the California Department of Motor Vehicles (DMV) in order to obtain a driver’s license, such as passing the necessary tests and providing required documentation.

6. Are DACA recipients eligible for Medi-Cal in California?

Yes, DACA (Deferred Action for Childhood Arrivals) recipients are generally not eligible for Medi-Cal in California. This is because DACA does not grant lawful immigration status, and thus individuals with DACA are not considered ‘qualified non-citizens’ for the purposes of Medi-Cal eligibility.

There are a few exceptions to this general rule:

1. Some DACA recipients may be eligible for restricted and limited-scope Medi-Cal benefits, such as emergency services, pregnancy-related services, and long-term care.
2. In certain circumstances, DACA recipients who have a valid employment authorization document (EAD) may be eligible for full-scope Medi-Cal if they meet other income and residency requirements.

It’s important for DACA recipients to explore their specific eligibility for Medi-Cal by contacting a legal or healthcare provider specializing in immigrant health access in California.

7. Can DACA recipients in California travel outside of the U.S.?

No, DACA (Deferred Action for Childhood Arrivals) recipients in California cannot travel outside of the U.S. under the DACA program. DACA does not provide a pathway to legal permanent residency or citizenship, and one key restriction is that DACA recipients are not allowed to travel outside of the country without prior approval from the U.S. Citizenship and Immigration Services (USCIS) through a process called Advance Parole. If a DACA recipient travels internationally without obtaining Advance Parole, it could result in the termination of their DACA status. Therefore, it is essential for DACA recipients to be aware of the restrictions on international travel and to follow the proper procedures if they need to travel outside of the U.S.

8. How does the recent DACA court ruling affect recipients in California?

The recent DACA court ruling affects recipients in California by allowing eligible individuals in the state to continue applying for DACA for the first time. This ruling is significant because it reverses the previous restrictions imposed on new DACA applications by the Trump administration. As a result, DACA recipients in California can now benefit from protection against deportation, work permits, and other essential benefits provided under the program. Additionally, this ruling provides a sense of relief and security to thousands of DACA recipients in California who rely on the program for their livelihood and stability. Moving forward, it is crucial for DACA recipients in California to stay informed about any further developments or changes in policies related to the program to ensure their continuous protection and benefits.

9. Can DACA recipients in California work legally?

Yes, DACA recipients in California can work legally. The Deferred Action for Childhood Arrivals (DACA) program allows eligible individuals who were brought to the United States as children to receive protection from deportation and work authorization. DACA recipients in California, like in other states, can apply for work authorization through the program, which allows them to work legally in the United States. DACA provides temporary relief and protection for eligible individuals, but it is important to note that DACA does not provide a pathway to permanent residency or citizenship. As of now, DACA recipients are able to renew their status and continue working legally in California and across the country.

10. Can DACA recipients in California apply for permanent residency or citizenship?

Yes, DACA recipients in California can apply for permanent residency or citizenship under specific circumstances. DACA, or Deferred Action for Childhood Arrivals, does not provide a direct pathway to permanent residency or citizenship. However, DACA recipients may be eligible for other immigration benefits that could lead to permanent residency or citizenship, such as sponsorship by a family member or employer, asylum, or other visas for which they may qualify. It is important for DACA recipients to consult with an immigration attorney or accredited representative to explore their options and determine the best course of action for obtaining permanent residency or citizenship. It is also essential for them to be aware of any changes in immigration policies or laws that may impact their eligibility for these benefits.

11. What are the risks of applying for DACA in California?

Applying for DACA (Deferred Action for Childhood Arrivals) in California carries certain risks that applicants should be aware of:

1. Denial of Application: There is always a risk that your DACA application may be denied for various reasons, such as not meeting the eligibility requirements or submitting incomplete or inaccurate information.

2. Exposure to Immigration Authorities: By submitting a DACA application, you are essentially revealing your undocumented status to the government, which could potentially expose you to immigration enforcement actions if your application is denied.

3. Legal Fees: Applying for DACA can involve legal fees, including application fees and potential attorney fees if you choose to seek legal assistance. These costs can be a burden for some applicants.

4. Uncertainty of Future Changes: DACA is a temporary program that provides relief from deportation and work authorization for a limited period. There is always a risk that the program may be terminated or undergo changes in the future, which could affect current DACA recipients.

5. Limited Benefits: DACA provides temporary protection from deportation and work authorization, but it does not provide a pathway to citizenship or permanent residency. This means that DACA recipients may face uncertain immigration status in the long term.

Overall, while applying for DACA in California can provide temporary relief for eligible individuals, it is important to be aware of the risks and uncertainties associated with the program. Applicants should carefully consider their individual circumstances and seek legal advice if needed before submitting an application.

12. How can DACA recipients in California renew their status?

In California, DACA recipients can renew their status by following these steps:
1. Submitting a DACA renewal application to USCIS at least 120 days before their current DACA expires.
2. Filling out and submitting Form I-821D, Form I-765, and Form I-765WS along with the required supporting documents and fees.
3. Demonstrating continuous physical presence in the United States since they were granted DACA.
4. Demonstrating that they do not have any disqualifying criminal convictions.
5. Residing in California at the time of the DACA renewal application.
6. Seeking assistance from legal service providers or immigration attorneys if needed to ensure a successful renewal process.
It is essential for DACA recipients in California to carefully follow these steps and meet all the requirements to successfully renew their DACA status and continue to benefit from its protections and benefits.

13. What are the fees associated with applying for DACA in California?

As an expert in Temporary Protected Status, I can confirm that the question pertains to the fees associated with applying for DACA in California. As of my knowledge update in November 2021, the fees for applying for DACA in California are as follows:

1. The application fee for DACA (Form I-821D) is $495. This fee covers the cost of processing the application.
2. In addition to the DACA application fee, there is also a biometrics fee of $85. This fee is for the cost of taking fingerprints and photographs.
3. It is important to note that these fees are subject to change, so it is advisable to check the most current fee schedule on the official U.S. Citizenship and Immigration Services (USCIS) website before applying.

Overall, the total fees associated with applying for DACA in California currently amount to $580, comprising the application fee and the biometrics fee. It is essential for applicants to make sure they have the required funds available to cover these fees when submitting their DACA application.

14. Are there any scholarships specifically for DACA recipients in California?

Yes, there are scholarships available specifically for DACA recipients in California. Some organizations that offer scholarships for DACA recipients include:

1. TheDream.US: This organization offers scholarships for DACA recipients, including both National Scholarship and Opportunity Scholarship programs that are available to students in California.

2. California Human Development: They offer scholarships for undocumented students, including DACA recipients, who reside in California.

3. Golden Door Scholars: This organization provides scholarships for DACA recipients who are attending college in California and other select states.

4. Hispanic Scholarship Fund: While not exclusively for DACA recipients, this organization does offer scholarships to students of Hispanic heritage, including DACA recipients, in California.

These are just a few examples of the scholarships available for DACA recipients in California. It’s important for students to research and apply to these opportunities to help finance their education.

15. Can DACA recipients in California sponsor family members for DACA?

No, DACA recipients in California are not able to sponsor family members for DACA. DACA, or Deferred Action for Childhood Arrivals, is a program that provides temporary protection from deportation and work authorization for certain undocumented individuals who were brought to the United States as children. It does not provide a pathway to lawful permanent residency or citizenship, and therefore DACA recipients do not have the ability to sponsor family members for DACA status. Additionally, U.S. immigration laws have specific eligibility criteria and processes for family-based sponsorship, which differ from DACA requirements. If a DACA recipient wishes to help a family member obtain legal status in the U.S., they may want to explore other options such as family-based immigration or other forms of relief that may be available.

16. Can DACA recipients in California join the military?

Yes, DACA recipients in California are eligible to join the military under certain conditions:

1. DACA recipients must have lawful status in the U.S. to enlist in the military, and DACA grants temporary lawful presence, so technically they are eligible.

2. However, current federal policy prohibits DACA recipients from enlisting in the U.S. military. This is due to the uncertain nature of DACA, which is considered a temporary immigration status. As a result, individuals with DACA status are not able to join the military at this time.

3. There have been efforts to change this policy and allow DACA recipients to serve in the military, as these individuals often have the desire to contribute to their country. Some lawmakers have introduced bills to permit DACA recipients to enlist, but as of now, this restriction remains in place.

In conclusion, while DACA recipients in California may meet the criteria for military service in terms of eligibility, the current federal policy prohibits them from enlisting. Efforts to change this policy are ongoing, but for now, DACA recipients are not allowed to join the U.S. military.

17. What resources are available to DACA recipients in California for legal assistance?

DACA recipients in California have access to a variety of resources for legal assistance:

1. Legal Aid Organizations: There are several nonprofit legal aid organizations in California that provide free or low-cost legal services to DACA recipients. These organizations can help with DACA renewals, application assistance, and legal representation in immigration court.

2. Immigrant Rights Organizations: There are numerous immigrant rights organizations in California that offer resources and support for DACA recipients. These organizations may provide know-your-rights workshops, legal clinics, and other advocacy services.

3. Bar Association Referral Services: The State Bar of California offers a lawyer referral service that can connect DACA recipients with qualified attorneys who specialize in immigration law. This service can help DACA recipients find legal representation for their specific needs.

4. Community Centers: Many community centers in California provide immigration services, including legal assistance for DACA recipients. These centers may partner with legal aid organizations or have staff members who are knowledgeable about immigration law.

5. Law School Clinics: Several law schools in California have clinics that offer free or low-cost legal services to DACA recipients. These clinics are run by law students under the supervision of licensed attorneys and can provide valuable assistance with DACA-related issues.

Overall, DACA recipients in California have access to a range of resources for legal assistance, ensuring that they can navigate the complexities of immigration law and protect their rights.

18. Can DACA recipients in California be deported despite having DACA status?

No, DACA recipients in California cannot be deported solely based on their DACA status. DACA, or Deferred Action for Childhood Arrivals, provides temporary protection from deportation and work authorization for certain undocumented individuals who came to the United States as children. However, it is important to note the following:

1. DACA is not a path to citizenship or legal permanent residency. While recipients are protected from deportation during the period of their DACA approval, this protection is not permanent and can be revoked at any time.
2. If a DACA recipient violates the terms of their DACA status or is convicted of a serious crime, their DACA status can be terminated, which may lead to deportation proceedings.
3. Additionally, changes in immigration policies or legal challenges to DACA could impact the protections it provides to recipients.

Overall, DACA recipients in California are generally protected from deportation as long as they maintain their eligibility and comply with the requirements of the program.

19. Can DACA recipients in California apply for a work permit?

Yes, DACA (Deferred Action for Childhood Arrivals) recipients in California can apply for a work permit. DACA is a program that provides temporary protection from deportation and work authorization for eligible individuals who were brought to the United States as children. In California, DACA recipients can apply for an Employment Authorization Document (EAD), also known as a work permit, through the U.S. Citizenship and Immigration Services (USCIS). This work permit allows DACA recipients to legally work in the United States for a specified period of time, typically two years. DACA recipients must meet certain criteria and follow specific guidelines to maintain their work authorization in California and other states across the country.

20. How can DACA recipients in California stay informed about changes in immigration policy?

DACA recipients in California can stay informed about changes in immigration policy through various ways, including:

1. Following reputable news sources: DACA recipients can stay updated on immigration policy changes by following established news outlets, both local and national, that regularly report on immigration issues.

2. Utilizing immigration advocacy organizations: Organizations such as the National Immigration Law Center, United We Dream, and the American Immigration Council provide updates on policy changes and offer resources for DACA recipients.

3. Attending legal clinics and workshops: DACA recipients can stay informed by attending legal clinics and workshops offered by immigrant rights organizations or legal service providers that specifically address policy changes affecting them.

4. Following immigration attorneys and experts: Following immigration attorneys and experts on social media platforms or attending their webinars can help DACA recipients stay informed about changes in immigration policy.

5. Signing up for email updates: Many organizations and legal service providers offer email updates specifically tailored to DACA recipients, providing timely information on policy changes and legal developments.

By utilizing these resources and staying proactive in seeking out information, DACA recipients in California can stay informed about changes in immigration policy that may impact their status and rights.