***Please note this page may contain information that is no longer current, as there are several lawsuits pertaining to DACA pending before Federal District Courts. It is possible that information has changed before we have had an opportunity to update this page. Please check USCIS’ website for the most up to date information.
CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS
Consideration for Deferred Action for Childhood Arrivals Deferred (DACA) was an executive policy to exercise prosecutorial discretion to individuals who entered the United States as Children. It allowed some individuals who entered the country as minors and had either entered or remained in the country illegally, to receive a renewable two-year period of deferred action from deportation and to be eligible for employment authorization. Approximately 800,000 individuals—referred to as Dreamers after the DREAM Act bill—were enrolled in the program created by DACA. The policy was established by the Obama administration on June 15, 2012 and was rescinded by the Trump administration on September 5, 2017.
Following the rescission of the DACA Program, several lawsuits were filed in Federal Court challenging the actions revoking DACA. Regents of the University of California, et al. v. Dep’t of Homeland Security, et al.,(09/11/2017); Batalla Vidal v. Nielsen (09/05/2017); State of New York v. Trump (9/06/2017); NAACP v. Trump (9/18/17). U.S. district courts enjoined the government’s termination of DACA and required U.S. Citizenship and Immigration Services (USCIS) to continue accepting DACA renewal applications while the lawsuits challenging the termination of DACA are litigated.
On January 13, 2018, USCIS announced that it was resuming accepting renewal applications of deferred action under DACA due to federal court orders.
USCIS is currently only accepting requests to renew a grant of DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Additionally, USCIS is no longer authorizing grants of advance parole to DACA recipients which allowed them to travel outside the United States for humanitarian, educational or employment purposes.
Below, please find prior information on the requirements for DACA:
The DACA executive action asserted that the Department of Homeland Security would temporarily defer removal from the United States for certain individuals who are currently undocumented and meet certain DACA eligibility criteria. If the DACA petition is approved, then that individual would also be granted temporary employment authorization during the duration of the temporary relief from deportation.
DACA and the employment authorization are only granted in two-year increments. DACA applicants should file for renewal approximately 150 days prior to the expiration of their current DACA status.
To be eligible for Consideration for Deferred Action for Childhood Arrivals, you must be able to prove that you meet these requirements:
- Were under the age of 31 as of June 15, 2012;
- Entered the United States before turning 16 years old;
- Continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012;
Meet the educational requirement:
- Have graduated or obtained a certificate of completion from high school or obtained a general education development (GED) certificate; OR
- Are currently in enrolled in an education, literacy, career training programs (including vocational training), or education programs assisting students in obtaining a high school diploma or its recognized equivalent under state law, or in passing a GED exam; OR
- Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
- Examples of significant misdemeanors are offenses of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence and the individual was sentenced to time in custody.
DACA is not a law and not to be confused with the Development, Relief, and Education for Alien Minors (DREAM) Act which was a legislative bill that was never approved by Congress.