Immigration
DACA has protected hundreds of thousands of young immigrants from deportation since 2012. Here’s what it is, who qualifies, and what it does and doesn’t provide.
What is DACA?
DACA stands for Deferred Action for Childhood Arrivals. It is a federal policy established in 2012 that allows certain undocumented immigrants who came to the United States as children to receive protection from deportation and obtain work authorization for a renewable two-year period. DACA recipients are sometimes called “Dreamers.”
What Does DACA Provide?
DACA provides two main benefits:
- Deferred action — protection from deportation for a renewable two-year period
- Work authorization — a work permit that allows you to be legally employed in the U.S.
In most states, DACA recipients can also obtain a driver’s license and may be eligible for in-state tuition at public colleges and universities.
What DACA Does NOT Provide
- DACA is not a path to a green card or citizenship
- It does not provide lawful immigration status
- It does not allow you to sponsor family members
- It does not provide access to federal financial aid or most federal benefits
Who Qualifies for DACA?
To be eligible for DACA you must meet all of the following requirements:
- You came to the United States before your 16th birthday
- You have continuously resided in the U.S. since June 15, 2007
- You were under age 31 as of June 15, 2012
- You were present in the U.S. on June 15, 2012 and at the time of applying
- You entered without inspection before June 15, 2012, or your lawful status expired before June 15, 2012
- You are currently in school, have graduated or obtained a GED, or are an honorably discharged veteran
- You have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors
- You do not pose a threat to national security or public safety
How Do You Apply or Renew?
As of 2024, USCIS is accepting renewal applications from current DACA recipients. New initial applications have faced legal challenges and availability has varied. You file Form I-821D (Consideration of Deferred Action for Childhood Arrivals) along with Form I-765 (Employment Authorization) and Form I-765WS (Worksheet) with USCIS. There is a filing fee.
Because DACA’s legal status has been challenged in federal courts and policies can change, it is strongly recommended to work with a qualified immigration attorney when applying or renewing.
What is the Current Status of DACA?
DACA has faced ongoing legal challenges since 2017. Courts have issued conflicting rulings and the program’s future remains uncertain. Current DACA recipients should stay informed through a trusted immigration attorney or organizations like the National Immigration Law Center (nilc.org) for the most up-to-date information.
Key Takeaways
- DACA protects eligible undocumented immigrants who came to the U.S. as children from deportation
- It provides work authorization but is not a path to a green card or citizenship
- You must meet specific eligibility requirements including age, residency, and educational criteria
- DACA must be renewed every two years
- The program’s legal status has been challenged — consult an immigration attorney for the latest
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.