The Deferred Action for Childhood Arrivals (DACA) program gives certain eligible young people living in the U.S. without lawful immigration status the opportunity to remain and legally work here. Although DACA itself does not provide lawful status or a path to citizenship, it can temporarily relieve the fear of imminent deportation, provided a DACA recipient remains on good behavior.
The DACA program can involve significant challenges and complexities, but working with an experienced DACA attorney can make the application process less stressful and give you a better chance at securing the legal relief you need to live peacefully. Before applying for or renewing your DACA status, contact the attorneys at De Castroverde Law Group Criminal & Immigration for an initial case evaluation to discuss your legal options with our knowledgeable team.
Understanding what DACA is
DACA allows qualifying individuals to obtain a renewable two-year period of deferred action on deportation and eligibility for work authorization. The Obama Administration established the DACA program to reallocate immigration enforcement efforts away from young people who have spent much of their childhood growing up in the U.S. and represent a “low priority” for deportation due to their good behavior.
To qualify for DACA, applicants must meet various eligibility criteria, including:
- Being unlawfully present in the U.S. after entering the country before their 16th birthday
- Living continuously in the U.S. since June 15, 2007
- Being born on June 16, 1981, or after
- Being present in the U.S. on June 15, 2012, with no lawful status on that date and after
- Being enrolled in school, having completed high school or a GED, or having received an honorable discharge from the U.S. armed forces
- Not having a criminal history that includes felonies, serious misdemeanors, or three-plus misdemeanors
- Not posing a threat to public safety or national security
Individuals who receive DACA status can travel outside the U.S. by submitting a request for advance parole to reenter the country. However, U.S. Citizenship and Immigration Services (USCIS) only grants travel abroad for individuals on DACA status for educational, employment, or humanitarian (e.g., medical treatment, attending funerals, visiting sick family members, etc.) purposes. DACA recipients may not travel outside the U.S. for leisure.
Obtaining DACA status does not provide permanent lawful status or a pathway to citizenship, and recipients remain ineligible for welfare benefits or student aid.
DACA recipients can apply for renewal every two years if they maintain good behavior, such as by avoiding disqualifying criminal convictions and not posing a threat to public safety or national security.
In 2023, a federal district judge ruled that the regulations promulgated by the Biden administration to codify DACA violated federal law. The judge implemented a stay to preserve DACA status for current recipients and allowed those individuals to apply for status renewals. However, USCIS has paused processing new DACA applications pending resolution of the case in the appellate courts.