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DACA (Deferred Action for Childhood Arrivals) was implemented in 2012 under President Obama’s administration. Since its inception, it has been vital for thousands of young immigrants who came to the United States as children.
The initiative was a response to the lack of immigration reform in Congress, aimed at providing temporary relief from deportation and work permits to undocumented youth who arrived in the United States as minors.
Those who have benefited from this program are also known as “Dreamers.” These young individuals grew up and were educated in the U.S. and have significantly contributed to American society. However, their future remains uncertain due to the program’s ongoing legal and political challenges.
As of 2023, approximately 600,000 active DACA beneficiaries exist. This number fluctuates over time due to renewals, new applications, and changes in the beneficiaries’ immigration status. Although many undocumented youth meet the DACA requirements, not all enroll in the program for various reasons, including the application cost and fear of revealing their immigration status.
To be eligible for DACA, applicants must meet several basic requirements, such as:
• Arriving in the United States before turning 16.
• Residing continuously in the U.S. from June 15, 2007, until the DACA request.
• Being physically present in the U.S. on June 15, 2012, and when submitting the DACA request to USCIS.
• Having no lawful immigration status as of June 15, 2012, or at the time of the DACA application.
• Currently enrolled in school, having graduated, or obtaining a high school completion certificate.
• Not having been convicted of a felony, significant misdemeanor, multiple misdemeanors, and not posing a threat to national or public safety.
The DACA application process is detailed and requires gathering several documents, completing specific forms, and paying fees. Here is an essential guide to help you apply:
1. Confirm eligibility and have supporting documents.
2. Complete several forms, including Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and Form I-765WS, Worksheet for Employment Authorization Application.
3. Pay the filing fees. You can use Form G-1450 to pay by check, money order, or credit card.
4. Submit the application.
5. Attend the biometrics appointment.
6. USCIS will review the application and make a decision. This process can take several months. You will receive an approval notice and an Employment Authorization Card if approved.
USCIS recommends submitting your DACA renewal request between 150 and 120 days (four to five months) before the expiration of your current DACA approval notice (Form I-797, Notice of Action) and your Employment Authorization Document (EAD).
Submitting your renewal request during this time frame reduces the risk of your current DACA and employment authorization expiring before USCIS makes a decision on your renewal request. Filing more than 150 days before your current DACA expires will not result in a faster decision.
DACA and EAD renewals represent a significant workload for USCIS. Submitting your renewal within the recommended timeframe reduces the risk of your current DACA and employment authorization expiring before you receive a decision on your renewal request.
If you file your request more than one year after your current DACA expires, USCIS considers it an initial request rather than a renewal. While USCIS accepts initial DACA applications (as of June 2024), recent court rulings prohibit USCIS from approving them at this time. Therefore, you can submit an initial request by mail, but all initial DACA requests are currently on hold, and USCIS will not adjudicate them.
In the meantime, DACA recipients continue living, studying, and working in the United States, contributing significantly to their communities and the economy. Their resilience and determination highlight the importance of finding a long-term solution.
As of 2024, the status of new DACA enrollments remains subject to change due to ongoing legal challenges and court rulings. New DACA applications have been suspended following court decisions that ruled the program illegal. However, those already enrolled in DACA can continue to renew their status.
The DACA application process can be complex. While hiring a lawyer is not mandatory, many applicants choose to do so to ensure that all documentation is in order and to minimize the risk of application errors. Applicants should be prepared to gather a variety of documents and pay the associated fees to participate in the program.
What is DACA, and who is eligible?
DACA is a program that offers temporary relief from deportation and work permits to undocumented youth who came to the U.S. as children. Eligible individuals must have arrived before turning 16, continuously resided in the U.S. since 2007, been present in 2012, met educational/military requirements and maintained good conduct.
How do I apply for DACA?
To apply for DACA, you must gather documentation, complete specific forms, pay the fee, submit your application to USCIS, attend a biometrics appointment, and wait for the decision.
Can new DACA applications be submitted now?
As of June 2024, new DACA applications are suspended due to legal challenges, but current beneficiaries can renew their status.
Is it necessary to have a lawyer to apply for DACA?
It is not mandatory, but it can be helpful. An immigration attorney can help ensure your application is accurate and complete, reducing the chances of errors.
What are the benefits of DACA?
DACA provides protection from deportation, employment authorization, and access to higher education in some states. However, it does not offer a pathway to citizenship.
