DACA is not the same as temporary protected status (TPS), although the two federal programs have similar aims and protections. Both programs provide work authorization and deportation protection to eligible individuals, but they serve different populations and have different federal frameworks.
If you plan on filing for DACA or TPS, you need a legal professional on your side to provide representation. You can talk to an immigration lawyer to have your questions answered and start the application process.
What Is DACA?
Deferred Action for Childhood Arrivals (DACA) is a federal program that offers certain protections to undocumented immigrants who came to the U.S. as children. DACA provides work authorization and deportation protection to eligible individuals.
The DACA program was introduced in 2012 under the Obama administration as a means to protect vulnerable children who grew up and lived in the U.S. from deportation to foreign countries. Since its inception, DACA has provided protection to over 800,000 individuals.
To be eligible for DACA protections, the following must be true:
- You were under 31 years old on June 15, 2012.
- You came to the U.S. before your 16th birthday.
- You have continually resided in the U.S. since June 15, 2007.
- You have no lawful immigration status.
- You are enrolled in school, graduated, obtained a GED, or are a military veteran.
- You have no convictions for felonies or serious misdemeanors.
DACA provides deportation protections and work authorization for two years at a time. Once the two years pass, you need to renew it to maintain the status. Note that DACA on its own doesn’t provide a path to citizenship or permanent residency.
What Is TPS?
Temporary protective status (TPS) is a type of legal status that provides removal protections and work authorization to individuals from certain countries. The Secretary of Homeland Security can create a TPS designation for nations undergoing armed conflict, natural disaster, and other extreme circumstances that would make returning unsafe.
Foreign nationals from TPS-designated countries can obtain work authorization and protection from deportation and removal. The following must be true to be eligible for TPS:
- You are a national from a TPS-designated country.
- You file during the registration period or qualify for late registration.
- You have been physically present in the U.S. since the designation date for your country.
- You have continually resided in the U.S. since the designation date for your country.
- You have no felony convictions and fewer than two misdemeanor convictions.
TPS designations can last for any period between six and 18 months at the discretion of the Secretary of Homeland Security. Like DACA, TPS on its own doesn’t provide a pathway to citizenship or permanent residency.
Differences Between DACA and TPS
DACA and Temporary Protected Status are similar programs with a similar aim of protecting vulnerable individuals from deportation and removal and giving them access to work. However, there are important key differences regarding eligibility and the application process:
- DACA is specifically designed for “dreamers,” i.e., people who grew up in the U.S. after arriving as children. TPS is designed for individuals from specific countries.
- DACA protections last two years and must be renewed every two years. DACA protections can vary depending on the discretion of DHS.
- TPS only applies to individuals from specific countries, whereas DACA recipients can hail from any country.
- DACA has an age cut–off, while TPS has no cut-off.
- To apply for DACA, you must submit Form I–821D: Consideration of Deferred Action for Childhood Arrivals. TPS requires submitting Form I-821: Application for Temporary Protected Status.
Can I Hold DACA and Temporary Protected Status at the Same Time?
You can hold DACA and TPS at the same time if you are eligible, but there are a few conditions: When applying for DACA, the requirements state that you must not have had legal immigration status before June 15, 2012, including TPS protections. In other words, you can’t apply for DACA if you already have TPS protections.
The restriction doesn’t work the other way, though. That is, if you have DACA and become eligible for TPS, you can apply for TPS and hold both simultaneously. This can be a good idea to provide further protection from deportation.
The application process for both of these programs can be obscure, and the programs may be subject to changes under the current U.S. administration. An immigration lawyer can provide guidance and support to give you the best chance of receiving the appropriate protections.
Contact an Immigration Lawyer Today
Do you have any more questions about DACA and Temporary Protected Status in the U.S.? If so, contact Mendoza Law online or reach out by phone to speak to an immigration lawyer about your case. We have over 100 years of combined legal experience and first-hand knowledge of the U.S. immigration system.