Consideration of Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal.
On January 20, 2021, the president signed an executive action to preserve and fortify DACA. President Biden's memo asks the secretary of Homeland Security, in consultation with the Attorney General, to take all actions he deems appropriate to preserve and fortify DACA.
On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy "is illegal." The Department of Homeland Security (DHS) will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
DACA gives young undocumented immigrants: 1) protection from deportation, and 2) a work permit. DACA does not grant a path to permanent residency or citizenship.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012
- Came to the United States before reaching your 16th birthday
- Have 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, and agt the time of making your request for consideration of deferred action with USCIS
- Had no lawful status on June 15, 2012
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- 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.