According to new data from the United States Citizenship and Immigration Services (USCIS), 40 Nepali individuals currently remain protected under the Deferred Action for Childhood Arrivals (DACA) program. The number has decreased from 60 in previous years, reflecting the uncertainty surrounding DACA’s future and the difficulties faced by its recipients in maintaining their status or gaining further documentation.
DACA was established in 2012 by the Obama administration as a temporary relief policy for certain undocumented immigrants who arrived in the United States as children. To qualify, applicants must have entered the U.S. unlawfully before June 15, 2007, and continuously resided in the country since that date. Additionally, they must have been under the age of 31 as of June 15, 2012, meaning they were born on or after June 16, 1981. DACA provides its beneficiaries with work authorization, protection from deportation, and access to a driver’s license.
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and met specific guidelines could request consideration of deferred action for a period of two years, subject to renewal. These individuals are also eligible to request work authorization. “Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status,” stated USCIS on its website.
Despite the uncertainty surrounding the program, USCIS has emphasized its commitment to processing DACA renewal requests efficiently. “We continue to adjudicate the majority of DACA renewal requests within 120 days and make every effort to efficiently process these requests as we receive them. USCIS Historical Data shows the median processing time for DACA renewals and associated Employment Authorization Documents in fiscal year 2023 was one month, and less than two months for the first quarter of FY 2024,” USCIS clarified in a recent alert.
USCIS further recommended, “As USCIS has long recommended, we strongly encourage DACA recipients to submit their DACA renewal request to us between 120 and 150 days (4 to 5 months) before the expiration date located on their current Form I-797 DACA approval notice. Filing during this window reduces the risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. Please note that filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.”
The DACA program has faced numerous legal and political challenges since its inception. In 2017, the Trump administration attempted to rescind DACA, sparking nationwide protests and legal battles that culminated in a 2020 U.S. Supreme Court decision blocking the administration’s attempt to terminate the program. Despite this decision, the program’s future remains in limbo. The Biden administration has pledged to protect and expand DACA, but its long-term viability depends on ongoing legal battles and political negotiations.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
