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The Immigration Policy Center estimates that “approximately 65,000 undocumented students graduate from high school” annually. DACA students are defined as a subgroup of these undocumented students who have received Deferred Action for Childhood Arrivals (DACA).
The U.S. Citizenship and Immigration Services (USCIS) defines "deferred action" as "a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion."
Students that qualify for deferred action generally come to the United States as a child and must meet certain guidelines as outlined on the U.S. Citizenship and Immigration Services (USCIS) web site, under Consideration of Deferred Action for Childhood Arrivals (DACA). Deferred action is granted on a case-by-case basis according to DACA guidelines.
You can also check out these
frequently asked questions about DACA for more information.
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