One Year Later, Only 1% of DACA Applications Denied!

Themis 0010The Brookings Institute has assembled some interesting data depicting how the Deferred Action for Childhood Arrivals (DACA) program has gone, a little more than one year after its inception.

Among the most interesting results is the low denial rate — running at a mere 1% of the cases that were accepted for processing. (Around 3.5% of applicants were rejected at the outset, for failing to submit a complete application.) Most people who manage to submit a complete application are approved — 72% so far. Those numbers are surprising for a program that many feared would serve as a ruse for immigration enforcement activities and lead to mass removal of undocumented immigrants from the United States.

They’re also somewhat unexpected given that this is no easy program to apply for. Applicants must, in order to succeed in obtaining this limited-term protection from deportation, provide a pile of paperwork to show that they meet all the eligibility criteria. They must include proof of identity, age, entry date in the U.S., academic record, presence in the U.S on June 15, 2012, and continuous physical presence in the United States since entering. (For details, see Nolo’s article, “Deferred Action for Young Immigrants (DACA): Application Process.”)

But you may notice that 72% and 1% does not add up to 100%. There are a number of cases that haven’t yet been processed, to the tune of 24.5% that are still “under review.” What’s up with that?

It’s impossible to know for sure, but U.S. Citizenship and Immigration Services (USCIS) rarely moves quickly when it denies immigration benefits, and it’s entirely likely that it has requested that many of these applicants provide more evidence, given them time in which to respond, and is perhaps still considering whether it can make decisions in these cases. USCIS is also famous for getting backlogged when its overwhelmed by a large number of applications, and both DACA applicants and attorneys have complained of cases getting “stuck” in the system.

So, let’s just say these positive percentages could change a bit. Nevertheless, now is a good time to remind people that it’s still not too late to apply for DACA, as described in, “Have I missed the DACA deadline, or can I still apply?