BAKERSFIELD, Calif. (KERO) — The federal government has indicated it may resume accepting new applications for the Deferred Action for Childhood Arrivals program, though immigration attorneys caution that approval is not guaranteed and warn of potential risks.
According to Ambar Tovar, an attorney with the UFW Foundation, the federal government submitted documents to federal court suggesting they would allow new applications to be accepted by U.S. Citizenship and Immigration Services.
"Federal government submitted some documents to the federal court that insinuating and alleging that they would allow for new applications to be accepted by USCIS," Tovar said.
However, Tovar emphasized that this does not mean the process has begun immediately.
"I want to make clear that this does not mean that USCIS has began or started accepting DACA new DACA applications today or or at any point. This final decision on whether to accept new applications still is subject to an order being prescribed by the federal judge overseeing the case," Tovar said.
DACA was created in June 2012 under the Obama administration. The program grants people without legal immigration status who were brought into the country by their parents two-year, renewable permits to live and work in the U.S. legally.
While a federal judge still needs to approve accepting new applicants, Tovar has recommendations for eligible DACA applicants.
"It is best practice to start documenting and start collecting documents that allow them to approve their physical presence in the United States since the time that they were that they entered the United States," Tovar said.
Tovar also warned people about potential scammers who may try to exploit the situation.
"Also flag that there are going to be many individuals who are going to be defrauding individuals, perhaps letting them them know that this is a benefit that they can apply to now maybe charging them hundreds of dollars in order to submit an application that just yet at this time is not being an accepted," Tovar said.
Due to the current immigration climate, Tovar believes some could hesitate to apply because it could put their loved ones at risk of deportation.
"Even if some youth are able to gain some protections that youth individually needs to assess on a case-by-c basis, whether this is the right benefit for them. And considering not only themselves, but also considering their family members, if they lived in a mixed status household and the fact that USCIS will have access to their home address," Tovar said.
California is home to the largest number of DACA recipients in the United States.
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