Does Canada have an equivalent program to DACA in the US?

[ahull0]

Hi all!

I've been researching various routes and programs for individuals who came to Canada as children. I unfortunately haven't found many alternatives apart from humanitarian and compassionate considerations (H&C) which don't even specifically address protection for undocumented children.

I’ve found quite a few cases similar to those of dreamers in the US, here in Canada which made me particularly interested in exploring the feasibility of promoting a comparable policy here.

Would there be a potential avenue for advocacy that would be worth exploring?

 

[scylla]

Hi all!

I've been researching various routes and programs for individuals who came to Canada as children. I unfortunately haven't found many alternatives apart from humanitarian and compassionate considerations (H&C) which don't even specifically address protection for undocumented children.

I’ve found quite a few cases similar to those of dreamers in the US, here in Canada which made me particularly interested in exploring the feasibility of promoting a comparable policy here.

Would there be a potential avenue for advocacy that would be worth exploring?

There's nothing like DACA in Canada. H&C would be the path to try in this situation.

If you want to lobby for something like this to be introduced, first step would be to find an MP sympathetic to this cause.

 

[Bornlucky]

Hi all!

I've been researching various routes and programs for individuals who came to Canada as children. I unfortunately haven't found many alternatives apart from humanitarian and compassionate considerations (H&C) which don't even specifically address protection for undocumented children.

I’ve found quite a few cases similar to those of dreamers in the US, here in Canada which made me particularly interested in exploring the feasibility of promoting a comparable policy here.

Would there be a potential avenue for advocacy that would be worth exploring?

Hi, what does DACA offer that H&C's fail to deliver?

"Protection" is a legal term in IRPA, so what do you mean when you use it here? H&C provides a pathway to permanent residence and eventual citizenship, and has been doing this since the mid 1970s. Protection is associated with the UN Convention for Refugees.

H&C is where Canada's commitment to the best interests of the child is most apparent and it is outlined in the processing manual.

My question is: where is the deficiency in H&C that your advocacy would seek to correct?

 

[scylla]

Hi, what does DACA offer that H&C's fail to deliver?

"Protection" is a legal term in IRPA, so what do you mean when you use it here? H&C provides a pathway to permanent residence and eventual citizenship, and has been doing this since the mid 1970s. Protection is associated with the UN Convention for Refugees.

H&C is where Canada's commitment to the best interests of the child is most apparent and it is outlined in the processing manual.

My question is: where is the deficiency in H&C that your advocacy would seek to correct?

So I'm obviously not the one who posted the original question, but I do feel there are some material differences.

DACA specifically targets individuals who were brought to the US as minors and who lost their status essentially because of their parents' actions. Canada's H&C program is broad and doesn't specifically target this scenario. Having said that, I think someone who was brough to Canada as a minor and is now an adult and has never left likely has a decent argument under H&C.

BIOC may or may not apply. I'm assuming the OP is now an adult. If so and they have no kids, there's no BIOC argument under H&C. The argument would be around establishment in Canada, challenges returning to their home country, etc.

 

[Bornlucky]

Hi, well my wonder about the original posting was where is the gap that a targeted approach like DACA would cover that isn't already a part of the broader discretionary authority of an H&C decision?

I'm familiar with immigration advocacy from the perspective of what does a proposal bring that isn't already present?

I was curious to understand what the author of the original post sees as missing from H&Cs. I'd expect some expertise on H&Cs if the advocacy is to be successful.

It's my understanding that DACA requires renewal and that there are routine show-downs over it and that it doesn't lead to citizenship. I'm no expert on US immigration but how would that be more advantageous than a positive H&C?

It's an idle curiosity, but also a chance to say hi to you as well. I enjoy your patient responses and breadth of knowledge on this site.

 

[scylla]

Hi, well my wonder about the original posting was where is the gap that a targeted approach like DACA would cover that isn't already a part of the broader discretionary authority of an H&C decision?

I'm familiar with immigration advocacy from the perspective of what does a proposal bring that isn't already present?

I was curious to understand what the author of the original post sees as missing from H&Cs. I'd expect some expertise on H&Cs if the advocacy is to be successful.

It's my understanding that DACA requires renewal and that there are routine show-downs over it and that it doesn't lead to citizenship. I'm no expert on US immigration but how would that be more advantageous than a positive H&C?

It's an idle curiosity, but also a chance to say hi to you as well. I enjoy your patient responses and breadth of knowledge on this site.

I agree with you. As of now, I don't believe DACA is a path to citizenship so from that perspective H&C is better.

Hello to you too!

My two cents here without being a lawyer is that if someone was brough here as an infant and became illegal as a result of their parents' actions and is now an adult and fully integrated into society, the H&C application should have a very high chance of approval.

 

[Bornlucky]

I agree with you. As of now, I don't believe DACA is a path to citizenship so from that perspective H&C is better.

Hello to you too!

My two cents here without being a lawyer is that if someone was brough here as an infant and became illegal as a result of their parents' actions and is now an adult and fully integrated into society, the H&C application should have a very high chance of approval.

Yes, H&C has been "regularizing the status" of people (adults & children) who have had no status for decades. It's been routine for so long that the whole notion of some other policy mechanism would seem to be redundant, and perhaps less effective.

Still, it would be interesting to hear if there's room for improvement to get the best out of the people who live in Canada knowingly, and unknowingly without the benefit of legal status.

I'll let you get back to those panting to understand how to get in (ahead of everyone else, please).

 

[ahull0]

Hi all!

I've been researching various routes and programs for individuals who came to Canada as children. I unfortunately haven't found many alternatives apart from humanitarian and compassionate considerations (H&C) which don't even specifically address protection for undocumented children.

I’ve found quite a few cases similar to those of dreamers in the US, here in Canada which made me particularly interested in exploring the feasibility of promoting https://xender.vip/ a comparable policy here.

Would there be a potential avenue for advocacy that would be worth exploring?

I got this,...

 

[Naturgrl]

These “I got this” posts need to be stopped. People should not respond to first posts knowing 99% of them are fake questions. If question seems far fetched, hypothetical, no one should respond.