Deferred Action for Childhood Arrivals (DACA) is a federal program providing temporary protection from deportation and work authorization to certain individuals who came to the United States as children without legal immigration status. DACA doesn't provide a path to citizenship or permanent legal status, but it allows recipients to live, work, and study in the U.S. without constant fear of removal.

Understanding DACA helps current and potential recipients navigate this important protection during an uncertain policy environment.

What DACA Provides

Deferred action is a form of prosecutorial discretion—the government decides not to pursue removal against specific individuals. DACA recipients receive two-year renewable periods of deferred action status.

Approved DACA recipients can obtain Employment Authorization Documents (EADs), allowing them to work legally for any employer. They can also obtain Social Security numbers and, in most states, driver's licenses.

DACA doesn't provide lawful immigration status—recipients remain without legal status under immigration law. It doesn't provide a path to a green card or citizenship through the program itself, though other immigration pathways may become available.

DACA History and Legal Status

The Obama administration created DACA in 2012 through executive action after Congress failed to pass the DREAM Act. It has faced repeated legal and political challenges since inception.

DACA's legal status has fluctuated through multiple court cases. Courts have blocked both termination attempts and new applications at various times. The program continues, but its long-term future remains uncertain pending Congressional action or further court decisions.

Check current USCIS guidance for the latest on whether new applications are being accepted and renewal procedures.

Basic Eligibility Requirements

DACA eligibility includes age requirements (came to the U.S. before turning 16 and born after June 15, 1981), continuous residence in the U.S. since June 15, 2007, presence in the U.S. on June 15, 2012, and physical presence when applying.

Applicants must have no lawful status as of June 15, 2012. If you had valid immigration status on that date (even if it later expired), you don't qualify for DACA.

Education requirements include being currently in school, having graduated from high school or obtained a GED, or being an honorably discharged veteran.

Criminal History Considerations

Certain criminal history disqualifies DACA applicants. You cannot have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.

Significant misdemeanors include domestic violence, sexual abuse, burglary, unlawful firearms or drug offenses, and DUI. Any misdemeanor with sentence of 90+ days may also disqualify.

Even if not automatically disqualified, any criminal history can affect approval. Minor infractions may be explained but create risk.

DACA Renewal

DACA must be renewed every two years. USCIS recommends filing renewal applications 120-150 days before expiration. Filing earlier may be rejected; filing later risks gaps in coverage.

Renewal requires demonstrating continued eligibility—continuous residence, no disqualifying criminal history, and meeting other requirements. Biometrics appointments are required.

If DACA expires before renewal is approved, work authorization and protection lapse. Avoiding gaps requires timely filing and tracking application status.

Advance Parole for DACA Recipients

Advance parole allows DACA recipients to travel abroad and return to the U.S. lawfully. This is significant because it can enable future adjustment of status to permanent residence that wouldn't otherwise be available due to unlawful entry.

Advance parole requires demonstrating humanitarian, educational, or employment purposes for travel. It's not automatic—each request is evaluated. Travel without advance parole terminates DACA.

Returning with advance parole creates a lawful entry, potentially qualifying recipients for adjustment of status if they later become eligible through family relationships or other means.

DACA and Future Immigration Options

While DACA itself doesn't lead to permanent status, recipients may qualify for other immigration benefits. Marriage to a U.S. citizen combined with a lawful entry (potentially through advance parole) can enable adjustment of status.

Proposed legislation has repeatedly sought to provide DACA recipients pathways to permanent status, but none has passed. The DREAM Act and similar proposals remain pending.

Getting Legal Help

DACA applications involve detailed documentation and strict requirements. Immigration attorneys help evaluate eligibility, prepare strong applications, navigate renewals, and plan for long-term immigration goals. Given DACA's uncertain status and the stakes involved—work authorization and protection from deportation—professional guidance helps ensure applications are properly prepared. Many nonprofit organizations also provide DACA assistance at low or no cost.