Categories MarylandState Regulations and Laws

Deferred Action for Childhood Arrivals (DACA) Recipients in Maryland

1. What is DACA and who is eligible for it in Maryland?

DACA, or Deferred Action for Childhood Arrivals, is a program established in 2012 by the Obama administration to provide temporary relief from deportation and work authorization to certain undocumented immigrants who were brought to the United States as children. In Maryland, individuals may be eligible for DACA if they meet the following criteria:

1. Were under the age of 31 as of June 15, 2012.
2. Came to the United States before reaching their 16th birthday.
3. Have continuously resided in the United States since June 15, 2007.
4. Were physically present in the United States on June 15, 2012, and at the time of making their DACA request.
5. Had no lawful status on June 15, 2012.
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
7. Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not pose a threat to national security or public safety.

It is important for individuals in Maryland seeking DACA to consult with an immigration attorney or legal service provider to determine their eligibility and understand the current requirements and application process.

2. How many DACA recipients are currently in Maryland?

As of the latest available data, there are approximately 9,000 DACA recipients in the state of Maryland. DACA, or Deferred Action for Childhood Arrivals, is a program that provides temporary protection from deportation and work authorization for individuals who were brought to the United States as children. These recipients, often referred to as “Dreamers,” contribute to Maryland’s economy and communities in various ways, and their future remains uncertain as the program faces ongoing legal challenges and political debate. The number of DACA recipients in Maryland may fluctuate as individuals renew their status, new applicants are approved, or existing recipients relocate to or from the state.

3. What are the benefits of DACA for recipients in Maryland?

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries that are facing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS provides beneficiaries with protection from deportation and the ability to work legally in the United States.

Some key benefits of TPS for recipients include:
1. Protection from deportation: TPS beneficiaries are shielded from being removed from the United States during the designated period for their country.
2. Employment authorization: TPS recipients are eligible to obtain work permits, allowing them to support themselves and their families while living in the United States.
3. Travel authorization: TPS beneficiaries may be granted permission to travel outside the United States for certain reasons, such as family emergencies or humanitarian purposes.
4. Access to certain benefits: Depending on the state, TPS recipients may be eligible for driver’s licenses, in-state tuition rates at colleges and universities, and other state benefits.

It is important to note that TPS is a temporary status and does not provide a path to permanent residency or citizenship. Recipients must continuously meet the eligibility criteria set by the U.S. government to maintain their TPS status.

4. Can DACA recipients in Maryland receive in-state tuition for college?

Yes, DACA recipients in Maryland are eligible for in-state tuition rates at public colleges and universities in the state. This policy was established in 2018, allowing DACA recipients to qualify for in-state tuition provided they meet certain criteria. To be eligible, DACA recipients must have attended a Maryland high school for at least three years, graduated or received a GED in the state, and submit evidence of filing Maryland state income taxes for at least three years. Additionally, they must demonstrate intent to apply for permanent residency if eligible. This policy allows DACA recipients to pursue higher education at a more affordable rate, removing barriers to access and opportunity.

5. What are the employment opportunities for DACA recipients in Maryland?

As an expert in Temporary Protected Status (TPS), I must clarify that DACA (Deferred Action for Childhood Arrivals) recipients are not directly related to TPS. However, I can provide insights into the employment opportunities for DACA recipients in Maryland. DACA allows eligible individuals who came to the United States as children to work legally and be protected from deportation. In Maryland, DACA recipients have access to various employment opportunities across different industries, including healthcare, education, information technology, and hospitality. Many DACA recipients work in fields such as social work, teaching, nursing, and technology, contributing to the state’s economy and workforce. Additionally, some DACA recipients in Maryland have started their own businesses, further showcasing their entrepreneurial spirit and economic impact. It is important to note that specific job opportunities may vary based on individual qualifications and experiences.

6. How does DACA affect healthcare access for recipients in Maryland?

Temporary Protected Status (TPS) does not directly affect healthcare access for recipients in Maryland. TPS is a temporary immigration status granted to eligible nationals of designated countries due to ongoing armed conflict, environmental disaster, or other extraordinary conditions that make it unsafe for them to return to their home country. Recipients of TPS are able to live and work in the United States legally during the designated period. However, healthcare access for TPS recipients in Maryland would be influenced by other factors such as state-level healthcare policies, eligibility for Medicaid or other public health programs, and access to affordable healthcare services in their local communities. Additionally, DACA (Deferred Action for Childhood Arrivals) is a separate program from TPS that provides temporary relief from deportation and work authorization to certain undocumented individuals who entered the U.S. as children. DACA recipients may have different healthcare access experiences compared to TPS recipients due to their unique eligibility requirements and legal status.

7. What is the process for applying for DACA in Maryland?

In Maryland, the process for applying for Temporary Protected Status (TPS) involves several steps:

1. Determine Eligibility: Individuals in Maryland must first determine if they meet the eligibility requirements for TPS. This typically includes being a national of a country designated for TPS, meeting the continuous physical presence and residence requirements, and not having certain criminal convictions.

2. Submit Form I-821: Eligible individuals must submit Form I-821, Application for Temporary Protected Status, to the U.S. Citizenship and Immigration Services (USCIS). This form requests information about the applicant’s identity, eligibility for TPS, and supporting documentation.

3. Pay Filing Fee: There is a filing fee associated with the TPS application, although fee waivers may be available for those who cannot afford to pay. The current fee can be found on the USCIS website.

4. Submit Supporting Documents: Applicants will need to submit supporting documents alongside their Form I-821, such as proof of identity, nationality, and continuous residence in the United States.

5. Wait for USCIS Decision: Once the application is submitted, applicants must wait for USCIS to review their case and make a decision. This process can take several months, during which USCIS may request additional information or schedule an interview.

6. Receive Employment Authorization: If approved for TPS, individuals in Maryland will receive an Employment Authorization Document (EAD) that allows them to work legally in the United States during the designated TPS period.

7. Renew TPS Status: TPS is typically granted for a limited period of time, so individuals in Maryland must stay informed about renewal processes and deadlines to maintain their protected status.

It is important to consult with an immigration attorney or accredited representative for guidance throughout the TPS application process to ensure all requirements are met and to address any challenges that may arise.

8. Are there any legal services available to DACA recipients in Maryland?

Yes, there are legal services available to DACA recipients in Maryland. Here are some options for DACA recipients seeking legal assistance in the state:

1. The Maryland Office of the Attorney General may provide referrals or guidance related to immigration matters, including DACA.

2. Organizations such as the CASA de Maryland and the Maryland Immigrant Rights Coalition offer legal services and resources to DACA recipients and other immigrants in the state.

3. The American Immigration Lawyers Association (AILA) has a directory of immigration attorneys that can help with DACA applications and related legal issues in Maryland.

4. Many law firms and legal clinics in Maryland specialize in immigration law and may provide pro bono or low-cost legal services to DACA recipients.

It is crucial for DACA recipients to seek legal advice from trustworthy and experienced professionals to navigate the complex immigration system effectively and protect their rights.

9. Can DACA recipients in Maryland travel outside of the country?

No, DACA recipients in Maryland are not able to travel outside of the country and return to the United States due to the current restrictions placed on DACA recipients in terms of international travel. DACA (Deferred Action for Childhood Arrivals) provides temporary relief from deportation and work authorization to individuals who were brought to the U.S. as children without proper immigration status. However, DACA recipients are generally not allowed to travel internationally without prior approval from the U.S. government. This restriction is one of the limitations of the DACA program and travel outside of the country could jeopardize their DACA status and ability to return to the U.S.

10. How has the federal government’s stance on DACA impacted recipients in Maryland?

The federal government’s stance on DACA has had a significant impact on recipients in Maryland. As of October 2021, there were approximately 9,070 DACA recipients in Maryland. The Trump administration’s efforts to eliminate the DACA program led to uncertainty and fear among beneficiaries, affecting their ability to work legally and access education and healthcare services. The termination of DACA was met with legal challenges, creating a turbulent environment for recipients in Maryland as they faced ongoing uncertainty about their future status and rights.

Following President Biden’s inauguration, there was renewed hope for DACA recipients as his administration took steps to protect and strengthen the program. In September 2021, a federal judge in Texas ruled that the DACA program was unlawful, putting recipients in a state of limbo once again. This ruling reignited fears of deportation and the inability to continue working and pursuing their education.

Overall, the federal government’s shifting stance on DACA has created a rollercoaster of emotions and legal battles for recipients in Maryland. The uncertainty and fear surrounding their future status continue to impact their daily lives, highlighting the need for a permanent solution for DACA recipients to provide them with stability and security in the long term.

11. Are there any educational scholarships available specifically for DACA recipients in Maryland?

As an expert in Temporary Protected Status (TPS), I can confirm that DACA recipients are not eligible for TPS. However, there are specific scholarships available for DACA recipients in Maryland and across the United States. These scholarships are designed to support undocumented students, including DACA recipients, who may face financial barriers to higher education. Some examples of scholarships available to DACA recipients in Maryland include:

1. TheDream.US National Scholarship: This scholarship is open to DACA and TPS recipients who meet certain eligibility criteria, including attending partner colleges and universities in Maryland.

2. Maryland Dream Act Scholarship: This scholarship is available to undocumented students, including DACA recipients, who meet certain criteria related to attending a community college or university in Maryland.

3. Hispanic Scholarship Fund: While not specific to DACA recipients, the Hispanic Scholarship Fund provides support to Hispanic students, which may include DACA recipients, in pursuing higher education.

It is recommended that DACA recipients in Maryland explore these and other scholarship opportunities to support their academic pursuits.

12. Are there any specific resources available for DACA recipients facing deportation in Maryland?

Yes, there are specific resources available for DACA recipients facing deportation in Maryland. These resources can provide legal assistance, support, and guidance to individuals in this situation. Some of the key resources include:

1. The Maryland Office of the Public Defender: DACA recipients facing deportation can reach out to the Public Defender’s office for legal representation and support in their deportation proceedings.

2. Community-based organizations: There are various non-profit organizations in Maryland that offer resources and services to DACA recipients facing deportation. These organizations may provide legal assistance, Know Your Rights workshops, and advocacy support.

3. Immigration lawyers: DACA recipients in Maryland can seek legal assistance from immigration lawyers who specialize in deportation defense and immigration law. These lawyers can provide individualized legal strategies and representation in immigration court.

4. The American Civil Liberties Union (ACLU) of Maryland: The ACLU of Maryland offers resources and legal assistance to individuals facing deportation, including DACA recipients. They may be able to provide information on legal rights and options for defense.

It is important for DACA recipients facing deportation in Maryland to reach out to these resources for support and guidance during this challenging time.

13. How does DACA impact the ability of recipients to get a driver’s license in Maryland?

In Maryland, DACA recipients are eligible to apply for and receive a driver’s license. The DACA program grants individuals work authorization and a Social Security number, which are often necessary requirements for obtaining a driver’s license in the state. Additionally, Maryland passed legislation allowing DACA recipients to qualify for driver’s licenses and identification cards in 2015. This means that DACA recipients in Maryland can follow the same process as other residents to apply for a driver’s license, assuming they meet the state’s other requirements such as passing the required tests and providing the necessary documentation.

Overall, DACA positively impacts the ability of recipients to obtain a driver’s license in Maryland by providing them with the necessary documentation and work authorization to meet the state’s requirements. This not only allows DACA recipients to legally drive in the state but also facilitates their mobility, access to employment opportunities, and overall integration into their communities.

14. Can DACA recipients in Maryland apply for permanent residency or citizenship?

DACA recipients in Maryland are generally eligible to apply for permanent residency or citizenship through other immigration pathways, as DACA itself does not directly lead to permanent residency or citizenship. Here are some options for DACA recipients in Maryland who may be interested in pursuing permanent residency or citizenship:

1. Family-based sponsorship: DACA recipients may have a U.S. citizen or lawful permanent resident family member who can sponsor them for a green card through family-based immigration.

2. Employment-based sponsorship: DACA recipients with specialized skills or qualifications may be able to obtain a green card through employment sponsorship from a U.S. employer.

3. Special programs or provisions: Some DACA recipients may qualify for special immigration programs or provisions, such as the Violence Against Women Act (VAWA) or asylum status, which can lead to permanent residency.

It is important for DACA recipients in Maryland to consult with an immigration attorney or accredited representative to explore their options, understand eligibility requirements, and navigate the complex immigration system to pursue permanent residency or citizenship.

15. What are the rights of DACA recipients in Maryland if they encounter law enforcement?

1. DACA recipients in Maryland have certain rights if they encounter law enforcement, regardless of their immigration status. These rights include the right to remain silent, the right to not consent to a search of their belongings or property without a warrant, and the right to speak to an attorney. It is important for DACA recipients to understand these rights and to assert them calmly and confidently if they find themselves in a situation where law enforcement is involved.

2. Additionally, DACA recipients should carry their DACA approval notice and any other relevant immigration documents with them at all times to confirm their legal status in the United States, as well as to provide law enforcement officers with accurate information about their authorization to be in the country. In the event of an encounter with law enforcement, DACA recipients should try to remain calm and cooperative while also asserting their rights as needed. It is also advisable for DACA recipients to seek legal advice from an immigration attorney if they have any concerns about their rights or their interactions with law enforcement.

16. How has the COVID-19 pandemic affected DACA recipients in Maryland?

The COVID-19 pandemic has had a significant impact on DACA recipients in Maryland in several ways:

1. Work Opportunities: Many DACA recipients in Maryland work in industries heavily impacted by the pandemic, such as hospitality, retail, and service sectors. The economic downturn and widespread layoffs have left many DACA recipients without stable employment.

2. Health Concerns: DACA recipients may have faced challenges accessing healthcare during the pandemic, either due to financial barriers or fears related to their immigration status. The heightened risk of exposure to COVID-19 in certain work environments has also been a concern.

3. Educational Disruptions: DACA recipients who are students have had to navigate the challenges of remote learning and potential barriers to accessing digital resources. The closure of schools and universities has disrupted academic progress and posed additional obstacles.

4. Uncertainty and Stress: The uncertainty surrounding the future of DACA and immigration policies during the pandemic has added to the stress and anxiety experienced by DACA recipients in Maryland. Concerns about potential changes to immigration regulations and their impact on legal status have been a source of ongoing worry.

Overall, the COVID-19 pandemic has exacerbated the challenges faced by DACA recipients in Maryland, impacting their employment, health, education, and overall well-being. Efforts to support and protect this vulnerable population during these difficult times are crucial for ensuring their resilience and continued contribution to their communities.

17. Are there any advocacy groups or organizations specifically dedicated to supporting DACA recipients in Maryland?

Yes, there are advocacy groups and organizations specifically dedicated to supporting DACA (Deferred Action for Childhood Arrivals) recipients in Maryland. Some of these organizations include:

1. CASA de Maryland: CASA is a nonprofit organization that primarily focuses on supporting immigrant communities in Maryland. They provide legal support, advocacy, and resources for DACA recipients and other immigrants.

2. Maryland Dream Act Coalition: This organization is dedicated to supporting undocumented students, including DACA recipients, in accessing higher education in Maryland. They provide information, resources, and advocacy for immigrant students.

3. United We Dream: While not specific to Maryland, United We Dream is a national immigrant youth-led organization that advocates for the rights of DACA recipients and other immigrant youth. They have local chapters and resources that can provide support to DACA recipients in Maryland.

These organizations work to empower and support DACA recipients in Maryland through legal assistance, advocacy, and community resources.

18. What are the educational and career pathways available to DACA recipients in Maryland?

In Maryland, DACA recipients have access to various educational and career pathways despite their undocumented status. Here are some options available to them:

1. Higher Education: DACA recipients in Maryland are eligible for in-state tuition at public colleges and universities, providing them with more affordable access to higher education opportunities. They can pursue undergraduate and graduate degrees in a wide range of fields.

2. Scholarships and Financial Aid: There are scholarship opportunities specifically designed for undocumented students, including DACA recipients, to help fund their education. Many private organizations and colleges in Maryland offer financial aid packages to support DACA students in pursuing their academic goals.

3. Workforce Development Programs: DACA recipients can participate in workforce development programs and vocational training to acquire valuable skills for various career paths. These programs can lead to certifications and licenses that enhance employment prospects.

4. Professional Networking: DACA recipients can leverage professional networking opportunities in Maryland to connect with potential employers, mentors, and industry professionals. Building a strong professional network can open doors to job opportunities and career advancement.

5. Career Support Services: Universities, community colleges, and nonprofit organizations in Maryland provide career support services such as resume building, interview preparation, and job placement assistance to help DACA recipients secure employment in their chosen fields.

Overall, DACA recipients in Maryland have access to a range of resources and support systems to pursue their educational and career goals, despite the challenges posed by their immigration status. It is essential for them to stay informed about available opportunities and to take advantage of the support available to them in order to achieve success in their academic and professional endeavors.

19. How does DACA impact the ability of recipients to access financial aid for college in Maryland?

1. In Maryland, DACA recipients are eligible for in-state tuition at public colleges and universities, which can significantly reduce the cost of higher education for them. This is because DACA allows recipients to establish lawful presence in the United States, making them eligible for certain state benefits, including in-state tuition rates.

2. Additionally, DACA recipients in Maryland may also be eligible for certain state financial aid programs. While federal financial aid, such as Pell Grants, is not available to DACA recipients, some states, including Maryland, have created their own financial aid programs specifically for undocumented students, which may include DACA recipients.

3. However, it is important to note that access to financial aid for DACA recipients in Maryland may still be limited compared to U.S. citizens or permanent residents. DACA recipients are not eligible for federal student loans or work-study programs, which can impact their ability to finance their education.

4. Overall, DACA has had a positive impact on the ability of recipients to access financial aid for college in Maryland by providing them with opportunities for in-state tuition and access to certain state financial aid programs. Nonetheless, there are still limitations and challenges that DACA recipients face in funding their education compared to their U.S. citizen counterparts.

20. What are the current challenges or obstacles facing DACA recipients in Maryland?

The current challenges facing DACA recipients in Maryland are significant and varied. Some of the primary obstacles include:

1. Legal uncertainty: With the ongoing legal battles surrounding the DACA program at the federal level, recipients in Maryland are living with the constant fear of potential changes to their status or protections.

2. Limited access to financial aid and scholarships: DACA recipients in Maryland face challenges when it comes to financing their education, as they are often not eligible for federal financial aid or scholarships.

3. Employment limitations: DACA recipients also encounter difficulties in the job market due to restrictions on their ability to work in certain industries or professions.

4. Access to healthcare: DACA recipients in Maryland may not have access to affordable healthcare options, as they are often ineligible for public health insurance programs.

5. Fear of deportation: The fear of deportation looms large for DACA recipients in Maryland, especially given the hostile immigration environment and the potential for increased enforcement actions.

Overall, these challenges create a sense of insecurity and uncertainty for DACA recipients in Maryland, impacting their ability to fully participate in and contribute to their communities.