What is DACA?
- DACA stands for Deferred Action for Childhood Arrivals.
- This is an idea from the Obama administration that allowed “DREAMers,” or people who were brought to the United States as young children, to apply for work authorization and gain protection from deportation or removal.
- Deferred Action was not created by President Obama. Deferred Action is something that existed in federal regulations for many years before the DACA program started. DACA is just one way for the federal government to decide who should receive the benefit of lawful work and not be deported.
- DEFERRED ACTION FOR CHILDHOOD ARRIVALS or “DACA” is a program that allows certain individuals to apply for protection from deportation and to obtain permission to work legally in the United States for a period of two years.
- DACA recipients who applied for work permits may renew them every two years.
- You should renew in advance of your expiration date.
- If you wait too long, more than one year after the expiration date, your application will be deemed “initial” instead of “renewal.” This means much more evidence will be required, and you become ineligible for approval, depending on the state of court litigation at that time.
What is the current status of DACA?
- DACA has been the subject of much federal court litigation, such as when the State of Texas sued the federal government in an effort to stop the program.
- USCIS often updates the status of the DACA program, according to developments in the federal court system, on its website at www.uscis.gov.
- When the program started, before a federal court halted it in part, initial applications were subject to the following requirements:
- Entry to the U.S. before the age of 16
- Continuous residence in the U.S. from June 15, 2007 until the present time
- Physical presence in the US on June 15, 2012, without nay lawful status
- Have qualifying military service or educational achievement, such as:
- GED certificate or high school diploma
- Current enrollment in an accredited high school or GED program
- No disqualifying criminal history
- Dreamers who have never applied for DACA should consult with a qualified immigration attorney to find out if any other options are available to them while we await the possibility of new applications being accepted again.
- While USCIS will accept any initial DACA applications, they have been ordered by a federal court that they cannot actually adjudicate or decide these cases. All of these cases are being held without action by USCIS under court order at this time in the summer of 2024. Any future changes will likely appear on the USCIS website.
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