DACA and Remaining in the United States

President Obama created the Deferred Action for Childhood Arrivals (DACA) program in 2012. The program gives opportunities for young people brought to the U.S. as children to stay here. However, the program has faced continuing legal challenges since its inception. Under current immigration rules, no new applicants can receive DACA status.

As of May 1, 2024, there is a U.S. district court order in Texas blocking first-time DACA applications, and new applications will not be granted status. However, current DACA recipients can continue to renew their DACA status. If you have questions about your immigration status and changing immigration laws, talk to an immigration lawyer about your legal rights.​

DACA Updates in 2025

As of September 1, 2025, the most recent update to the DACA program is from March 11, 2025. On January 17, 2025, the Fifth Circuit Court of Appeals found many parts of the Biden Administration’s DACA protections were unlawful. However, current DACA recipients are able to continue renewing their protected status. Current recipients can renew work authorization and benefit from protection from deportation.

If you have DACA status, ensure that you file your renewal applications to maintain your legal protections. Talk to your immigration attorney about any updates and changes to your immigration status.

What Is DACA?

The Obama Administration created DACA through a memorandum issued by the Secretary of Homeland Security. The program has allowed hundreds of thousands of young undocumented immigrants brought to the U.S. as children to remain in the country. Initial DACA request applicants cannot have serious criminal histories. They must also have continuously resided in the U.S. since June 15, 2007, and have arrived in the U.S. before their 16th birthday.

According to the U.S. Citizenship and Immigration Services (USCIS), deferred action provides prosecutorial discretion to defer the removal of eligible individuals. Under the DACA policy, qualifying DACA recipients will not be subject to removal proceedings.

However, the Department of Homeland Security (DHS) can terminate your DACA eligibility if you pose a risk to national security or public safety. Applicants were required to undergo biographic and biometric background checks for DACA.

The program protects young people from deportation, granting them a two-year reprieve. If you’re a DACA recipient, you can have your renewal extended. Grants of DACA also provide work authorization and a Social Security number. You can then live and work legally in the U.S. for renewable two-year periods.

DACA recipients may also be eligible for advance parole, which allows them to travel outside the U.S. under certain circumstances. While the Trump Administration rescinded the advance parole option, advance parole for DACA holders has been back in place since October 31, 2022.

Unlike the failed DREAM Act, DACA doesn’t offer you a path to citizenship. The DREAM Act repeatedly failed to pass Congress. That legislation would have provided a path to legal U.S. citizenship for young immigrants. The young immigrants ultimately became DACA beneficiaries, known as “Dreamers.”

The Benefits of DACA

The most significant benefit of DACA is deferred immigration action. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) can exercise discretion in removal proceedings and deportation on a case-by-case basis. Deferred action does not provide lawful status. However, it does free you from having to worry about immigration enforcement.

You can lose deferred action status if you commit a serious crime. You can also lose your DACA status if you leave the country without getting permission first.

Under DACA, you can also get work authorization. DACA recipients can file an Application for Employment Authorization Documents (EADs) to work in the country. You do not have to tell employers about your DACA status. Federal civil rights laws prohibit employment discrimination based on national origin and citizenship status.

DACA: What Happens Now?

The Biden administration issued the DACA Final Rule on August 30, 2022. This preserves the DACA policy and replaces the DACA guidance issued by then-Secretary of Homeland Security Janet Napolitano in 2012.

Due to a court order, DHS is currently prohibited from granting (approving) new applications under the DACA program, although it continues to accept them for filing. However, if you are already enrolled in DACA, you will remain covered until your permit expires.

USCIS encourages DACA renewal requests between 120 and 150 days before expiration. Early filing reduces the risk that your current work authorization will expire before your renewal.

Also, the U.S. Department of Health & Human Services (HHS) issued regulations that will go into effect on November 1, 2024. As a DACA recipient, you will be eligible to get healthcare under the Affordable Care Act (ACA).

How Can an Immigration Lawyer Help?

DACA defers removal proceedings for eligible individuals. However, it does not create a path to citizenship. If you want information on getting lawful status, a green card, or becoming a U.S. citizen, talk to an immigration lawyer, who can explain your legal immigration options and help you avoid deportation.