What is the difference between undocumented students and Deferred Action for Childhood Arrivals (DACA)?
The term undocumented can be applied to any person who lives or works in the United States without the legal protections of a citizen or permanent resident. An undocumented student is a foreign national who: (1) entered the United States without inspection or with fraudulent documents; or (2) entered legally as a nonimmigrant but then violated the terms of his or her status and remained in the United States without authorization (as defined by the National Immigration Law Center). Undocumented people do not automatically receive protection from DACA.
The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation. Federal immigration program that was created under the Obama Administration in 2012; DACA provides eligible undocumented immigrants with:
Current DACA Status
On July 16, 2021, a federal court ordered a halt to the DACA program but allowed DACA renewals to continue while the Biden administration appeals the ruling. That means:
- USCIS is not approving new DACA applications for those who’ve never had DACA or those whose DACA status has lapsed for more than one year.
- Two-year DACA renewals are still available for those currently enrolled in DACA, and those who renew within one year of DACA expiration.
- Travel abroad, called advance parole, is available for current DACA recipients traveling for humanitarian, educational and business reasons.
What Happens Now?
While the Biden administration seeks a way to protect and strengthen DACA, holders are urged to renewal timely and consult with a qualified immigration law provider to discuss other potential options to remain in the United States with lawful status.
If you need assistance applying for DACA or renewing your application, please contact CUNY Citizenship Now!
At 646-664-9400 or text 929-334-3784. You can also email your questions to: citizenshipnowinfo@cuny.edu.