DACA and Remaining in the United States

President Barack 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, there have been continuing changes to the program since its inception. Under current immigration rules, no one new will be able to 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 processed. 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. 

What Is DACA?

President Obama created DACA with an executive order. The program has allowed hundreds of thousands of undocumented young 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 arrived in the U.S. before 2007 when they were under the age of 16.

According to the U.S. Citizenship and Immigration Services (USCIS), deferred action provides prosecutorial discretion to defer the removal of eligible individuals. Under DACA policy, qualifying DACA individuals will not go through 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 had to go through biographic and biometric background checks for DACA.

The program protects them from deportation — granting them a two-year reprieve. If you’re a DACA recipient, you can have your renewal extended. It also provides 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 could also be pre-approved to travel outside the U.S. in certain circumstances through advance parole. While Trump Administration rescinded the advance parole option, advance parole for DACA holders has been back in place since Oct. 31, 2022.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 ended up becoming DACA beneficiaries known as “Dreamers.”

The Benefits of DACA

The most significant benefit of DACA is deferred immigration action. U.S. 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 your immigration 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. 

Under current immigration rules, DHS will no longer be accepting new applications under the DACA program. 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 employment authorization will expire before your renewal is approved.

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 purchase health care coverage under the Affordable Care Act. 

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.