DACA Deportation and Removal — What You Should Know in 2024

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Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

If you’re a DACA recipient, you might have heard whispers of deportation or removal and wondered, “Can DACA recipients really be deported?” The answer, while a bit complex, is essential to understand, especially as we head into 2024. With immigration laws and policies constantly evolving, it’s crucial to stay informed about what could happen if your DACA protections are jeopardized.

 

This article will walk you through everything you need to know about deportation and removal for DACA recipients—from what DACA protections offer, to situations where deportation might still be a risk, and how to protect yourself. Stick around until the end, where we answer five of the most common questions about DACA and deportation.

 

What is DACA, and What Protections Does it Provide?

DACA (Deferred Action for Childhood Arrivals) is a temporary relief program that provides protection from deportation for individuals who were brought to the U.S. as children. These individuals, often called DREAMers, have lived in the U.S. for most of their lives but don’t have lawful immigration status.

 

Since its establishment in 2012, the DACA program has helped over 832,000 young people live, work, and study without the constant fear of deportation. But while DACA offers many benefits, including work authorization and a Social Security number, it does not grant permanent residency or citizenship.

 

The Basics of DACA Protections:

  1. Protection from Deportation: As long as you maintain your DACA status, you are protected from being deported.
  2. Work Authorization: DACA recipients can legally work in the U.S. with a valid employment authorization document (EAD).
  3. Social Security and Driver’s License: DACA recipients receive a Social Security number and can apply for driver’s licenses in most states.

However, DACA status doesn’t guarantee that you can never be removed. So, what situations could lead to removal proceedings for DACA recipients?

Image depicting the U.S. Citizenship and Immigration Services logo, symbolizing immigration and citizenship processes in the United States.

When Can DACA Recipients Face Deportation?

DACA recipients are protected from deportation only as long as they remain eligible under the program’s guidelines. But there are specific situations where deportation and removal for DACA recipients might still occur. Here are a few:

 

1. Criminal Convictions

The most common reason a DACA recipient might lose their protection is if they are convicted of a crime. DACA has strict eligibility criteria, including clean criminal records. If you are convicted of a felony, significant misdemeanor, or three or more misdemeanors, you could lose your DACA protections and be placed in removal proceedings.

 

Examples of disqualifying offenses include:

  • Domestic violence
  • Driving under the influence (DUI)
  • Drug trafficking

If you are concerned about your eligibility, it’s essential to consult with an immigration lawyer.

 

2. Failure to Renew DACA

DACA is not a permanent status; it must be renewed every two years. If you fail to renew your DACA status on time, you risk losing your protection and could face deportation. Currently, renewal requests are still being processed, but initial requests have been paused due to ongoing litigation.

 

3. Fraud or Misrepresentation

If Citizenship and Immigration Services (USCIS) determines that you obtained DACA through fraudulent means or misrepresented information on your application, your DACA status could be revoked. This would not only lead to removal proceedings but could also make it challenging to apply for other immigration benefits in the future.

 

4. Final Removal Order

If you have a final removal order and your DACA status expires, you could be deported. A final removal order means an immigration judge has ordered your deportation, and unless your DACA status is renewed, this order can be enforced.

 

5. National Security or Public Safety Concerns

DACA recipients who pose a threat to national security or public safety can lose their status and be deported. While this applies to a small group of individuals, it’s important to note that DACA does not protect recipients from enforcement if they are deemed dangerous.

Understanding Removal Proceedings for DACA Recipients

If you lose your DACA protection, you may be placed in removal proceedings. This is a formal process where an immigration judge decides whether you should be removed from the U.S.

 

The Removal Process:

  1. Notice to Appear (NTA): If USCIS or Immigration and Customs Enforcement (ICE) decides to remove you, they will issue a Notice to Appear (NTA). This is a document that requires you to appear before an immigration judge.
  2. Master Calendar Hearing: This is the first court date where the judge explains the charges against you. You will also have the chance to request more time to find legal representation if you don’t have an immigration attorney.
  3. Merits Hearing: In this hearing, the judge will hear evidence from both sides and decide whether you should be deported.

If the judge orders your removal, you may still have options. For example, you could apply for certain types of relief or voluntary departure, allowing you to leave the U.S. on your own terms rather than being forcibly removed.

 

Can DACA Recipients Avoid Deportation?

While DACA offers protections, it’s crucial to understand that your status can be revoked under certain conditions. However, there are several ways to protect yourself:

 

1. Stay Updated on DACA Renewals

Make sure you submit your renewal requests between 120 and 150 days before your current DACA status expires. Filing within this window reduces the risk of your DACA expiring before your renewal is processed.

 

2. Avoid Criminal Activity

One of the best ways to protect your DACA program status is to avoid any criminal activity. Even minor offenses can impact your eligibility, so be cautious about legal trouble and always seek legal advice if you’re unsure about your situation.

 

3. Keep Records of Your Time in the U.S.

If you are placed in removal proceedings, it’s helpful to have documentation showing your ties to the U.S. This could include proof of employment, school records, or community involvement. Strong documentation can be used to argue for relief from deportation in court.

 

4. Consult with an Immigration Attorney

An experienced immigration attorney can help you navigate complex immigration laws, prepare for potential legal challenges, and explore alternative pathways to legal status. If you’re ever placed in removal proceedings, having a lawyer on your side is crucial.

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What About the Future of DACA Policy?

The future of the DACA program has been uncertain for years. Court rulings and changing administrations have left DACA recipients in a constant state of uncertainty.

 

In 2024, the DACA policy remains in place, but it continues to face legal challenges. As of now, renewal requests are still being processed, but initial applications are paused. This means that while those already in the program can continue renewing their status, new applicants cannot join until further notice.

 

The Biden administration has made efforts to solidify DACA, but a permanent solution, such as a path to citizenship, would require congressional action.

 

Conclusion

As we move forward into 2024, DACA recipients continue to enjoy some protection from deportation, but that protection is not guaranteed. It’s essential to stay informed, renew your status on time, and seek legal assistance if you are concerned about your DACA eligibility. Always consult with an immigration lawyer to explore your options and protect yourself from deportation and removal for DACA recipients.

 

By staying vigilant, avoiding criminal activity, and keeping up with your renewal deadlines, you can help safeguard your future in the U.S. Don’t wait—take action now to ensure you maintain your DACA protections.

FAQs

1. Can DACA recipients be deported?

Yes, DACA recipients can be deported if they lose their DACA status. This could happen due to criminal activity, failure to renew DACA on time, or fraud in the application process.

 

2. What happens if my DACA expires?

If your DACA expires, you lose protection from deportation and work authorization. You may also be placed in removal proceedings. Always submit your renewal request before your DACA expires.

 

3. Can I apply for DACA for the first time?

As of 2024, initial DACA requests are paused due to ongoing litigation. Only those who already have DACA can submit renewal requests.

 

4. What is a final removal order from the United States Citizenship and Immigration Services (USCIS)?

A final removal order is when an immigration judge decides that you should be deported from the U.S. If your DACA status expires, a final removal order can be enforced.

 

5. How can I protect myself from deportation as a DACA recipient?

To protect yourself from deportation, renew your DACA on time, avoid criminal activity, and consult with an immigration attorney if you face any legal challenges or issues with your DACA status.

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