DACA – Deferred Action for Childhood Arrivals

DACA, or Deferred Action for Childhood Arrivals, is a key policy in US immigration law that affects certain people who came to the country as children to avoid deportation. Let’s break down what DACA is and how it works.

What is DACA?

Announced on June 15, 2012 by the Secretary of Homeland Security, DACA allows certain individuals who came to the U.S. as children to apply for deferred action for a period of two years, subject to renewal. DACA recipients are also eligible to apply for work authorization. However, it is important to note that DACA does not provide legal status.

DACA Eligibility

To be eligible for DACA, you must:

  • Have been under 31 years of age as of June 15, 2012.
  • Have arrived in the US before turning 16.
  • Have continuously resided in the US from June 15, 2007 until the time of application.
  • Have been physically present in the US on June 15, 2012 and at the time of applying for DACA.
  • Not having had legal immigration status on June 15, 2012.
  • Be currently enrolled in school, have graduated or obtained a general educational development (GED) certificate, or be a veteran honorably discharged from the Coast Guard or the U.S. armed forces.
  • Not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and not pose a threat to national security or public safety.

DACA Application Process

To apply for DACA, you need to complete and submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and provide supporting documentation showing that you meet the DACA criteria. This includes proof of identity, of having arrived in the US before age 16, of presence in the US on June 15, 2012, and of continuous residence in the US since June 15, 2007. You will also need to complete Form I-765 for employment authorization and Form I-765WS.

DACA Update in 2023

In September 2023, there was a major change to the DACA rules due to a court decision. Here we explain the most important thing:

  • What did the court decide? The court said the new DACA rule, called the “Final Rule,” is invalid. This affects a previous decision from 2021.
  • What happens to those who already have DACA? If you already have DACA because they gave it to you before July 16, 2021, don’t worry. Your DACA and work permit remain valid until they expire.
  • DACA renewals. USCIS (the US immigration office) will continue to accept and process DACA renewals. If your DACA is about to expire, you can request renewal.
  • New DACA applications. Although USCIS continues to accept new DACA applications, it will not process them for now due to the court’s decision.
  • What should you do? If you have DACA and it is about to expire, it is time to request renewal. If you do not have DACA yet and want to apply, you can submit your application, but please note that they will not process it at this time.

Stay informed: DACA rules can change, so it’s important to stay up to date with the latest news. You can find updated information on the USCIS DACA Litigation page.

It is a complicated issue, but the most important thing is to know that if you already have DACA you can renew it. For those who want to apply for the first time, you have to wait to see how the case is resolved in court.

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