Deferred Action for Childhood Arrivals ( DACA ) is a form of discretionary relief offered through U.S. Citizenship and Immigration Services (USCIS) that delays actions to remove undocumented immigrants from the U.S. for a period of two years, subject to renewal . Although receiving DACA does not provide young immigrants with legal status in the U.S., it does offer several important benefits:
- Protection from Deportation : DACA recipients are protected from deportation during the two-year validity period.
- Work Permit Eligibility : Recipients may apply for and receive a work permit, allowing them to legally work in the U.S.
- Permission to Obtain a Social Security Number : With a Social Security number, beneficiaries can access various benefits and services, such as obtaining a driver's license in California.
Although DACA is only a temporary solution during its two-year validity period, it is possible to renew the benefit . Renewal applications must be submitted within 120 days (4 months) before the current relief period expires. The expiration date is printed on the front of the Employment Authorization Card.
DACA provides a vital opportunity for young immigrants to live and work in the United States without the constant fear of deportation, while allowing them to contribute to the American economy and society.
Eligibility Requirements for Deferred Action for Childhood Arrivals ( DACA )
DACA eligibility is based on the following requirements:
- Age : The applicant was under 31 years of age as of June 15, 2012.
- Arrival Date : Arrived in the U.S. before turning 16.
- Continuous Residence : Has continuously resided in the U.S. from June 15, 2007 to the present.
- Physical Presence : You were physically present in the U.S. on June 15, 2012, and at the time you applied for DACA .
- Education or Military Service : Are currently in school, graduated from high school, earned your GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces.
- Criminal Record : You have not been convicted of a felony or certain misdemeanors and do not pose a threat to national security or public safety.
In addition to the aforementioned requirements, to receive DACA you must be at least 15 years old, unless you are currently under threat of deportation or have a permanent deportation order or voluntary departure order. Meeting these requirements is essential to be considered eligible for DACA , which provides temporary protection from deportation and other significant benefits for young immigrants in the United States.
What DACA Is Not
When considering a DACA application , it's important to understand what DACA is and what it isn't. Deferred action allows you to work and avoid deportation, but it doesn't grant you certain benefits or rights. Specifically, DACA doesn't allow the following:
Not a Green Card : DACA is not a green card nor a direct path to obtaining one.
It's Not U.S. Citizenship : DACA is not the same as, nor does it lead directly to, U.S. citizenship.
Does Not Imply Naturalization : DACA is not part of the naturalization process and does not facilitate obtaining citizenship.
Does Not Permit Unrestricted Travel Abroad : DACA does not permit unrestricted travel abroad, although it may facilitate obtaining travel documents for authorized departures under specific circumstances.
It's critical to understand these limitations to have clear expectations about what DACA can and cannot offer.
President Obama's Executive Action
On November 20, 2014, President Obama issued a series of executive actions on immigration. These actions included an expansion of eligibility requirements for the DACA program . However, the changes proposed in this executive action have not yet taken effect.
A lawsuit is currently before the U.S. Supreme Court to determine whether President Obama's Executive Order was a lawful use of his powers and whether the changes he sought to make to the DACA program will be implemented . The Supreme Court heard oral arguments in the case on April 18, 2016.
Our experienced DACA attorneys in Los Angeles expect a decision by early summer 2016. As new information becomes available, we will update this page to keep you informed of the latest developments.
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