Deferred Action For Childhood Arrivals (DACA)
What is the Deferred Action for Childhood Arrivals (“DACA”) policy?
On June 15, 2012, President Obama and the Secretary of Homeland Security announced a Department of Homeland Security (“DHS”) policy that allowed some undocumented young people to apply for a way to:
- Avoid being removed or deported from the United States;
- Avoid being removed if already in removal proceedings in immigration court;
- Avoid being placed into removal proceedings
Those who applied for DACA status and were found eligible were granted a benefit called “Deferred Action” for a period of two (2) years – with the possibility of renewal – and were eligible to apply for work authorization.
Who qualifies? What guidelines must I meet to be eligible for deferred action for childhood arrivals?
Pursuant to the Secretary’s June 15, 2012, memorandum, in order to be considered for deferred action for childhood arrivals (“DACA”), applicants must have submitted evidence, including support documents, showing that they:
- Came to the United States before reaching their 16th birthday;
- Were under the age of 31 as of June 15, 2012;
- Were physically present and have continuously resided in the United States since June 15, 2007, up to the present time;
- 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; and;
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Therefore, applicants who submitted applications under the Deferred Action for Childhood Arrivals (DACA) program and met the eligibility requirements were granted DACA status for a period of two (2) years, and with U.S. Citizenship and Immigration Services (“USCIS”) approval of their DACA application, applicants were eligible to apply for work authorization and a social security card. With these documents in hand, applicants were eligible to apply for a driver’s license in many states within the United States.
What is the current status of the DACA program?
For several years, the legal validity of the DACA program has been challenged in court, in 2020, 2021, 2022 and 2023. Most recently, on September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision regarding the Deferred Action for Childhood Arrivals (DACA) Final Rule. However, the U.S. District Court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” (See Frequently Asked Questions | USCIS) Therefore, DACA applicants who have maintained their status can continue to renew.
With all these court challenges going on, can I still apply for DACA?
YES! Based on the September 14, 2023, court decisions, applicants who received initial DACA status prior to July 16, 2021, and who have maintained their DACA status are allowed to submit applications to renew their DACA status. USCIS will also continue to accept initial DACA requests, but, per the court order, not process them.
This means that applicants who have never applied for DACA status can still submit an application and receive application receipts from USCIS, but per the court order, USCIS will not process the applications at this time.
What should applicants do now?
- Renewal applicants who received DACA status prior to July 16, 2021, should continue to timely file their DACA renewal applications between 120 to 150 days prior to the expiration of their DACA status.
- New applicants who meet the eligibility requirements for DACA should schedule a consultation with our office to determine if they qualify to submit an initial DACA application to USCIS.
- Contact our office today to schedule a consultation.
Initial DACA applicants will be expected to have evidence of each of the eligibility requirements. Documentation must include, for example, financial, school, and/or medical records. Applicants will also need to demonstrate their presence in the United States on June 15, 2012, and for the five (5) years prior.
Relevant Resources
Information in this Advisory is composed from various sources: including USCIS and DHS.
White House on Deferred Action for Childhood Arrivals
June 15, 2012 – Washington, DC
Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings.
(Deferred Action Process for Young People Who Are Low Enforcement Priorities | ICE)
June 15, 2012 – Washington, DC
Secretary Napolitano announces deferred action process for young people who are low enforcement priorities Individuals can call ICE’s hotline at 1-888-351-4024 with questions or to request more information.
(DHS Secretary’s Memo on Individuals Who Came to the United States as Children. (ice.gov))
