History of DACA
Origins
Deferred Action for Childhood Arrivals (DACA) resulted from years of efforts to address the circumstances of certain undocumented immigrants who came to the United States as children. With Congress unable to enact broader immigration reform, many of these young people grew up in the United States without permanent lawful immigration status.
In 2012, the Obama administration established DACA as an exercise of prosecutorial discretion. DACA was created through executive action rather than an act of Congress, and it does not itself provide lawful immigration status or a direct pathway to permanent residence or U.S. citizenship.
DACA Over the Years
Since its creation, DACA has faced numerous administrative changes and legal challenges. The Trump administration attempted to terminate the program during President Trump’s first term, leading to years of litigation.
Court decisions have continued to affect how DACA operates. As a result, there is an important distinction between people who already have DACA and individuals seeking DACA for the first time.
USCIS continues to process DACA renewal requests and related employment authorization applications. (USCIS E-Gov Services)
DACA Eligibility Requirements
The original DACA guidelines generally require an individual to have:
- Been under age 31 as of June 15, 2012.
- Arrived in the United States before reaching age 16.
- Continuously resided in the United States since June 15, 2007, subject to applicable rules.
- Been physically present in the United States on June 15, 2012, and when requesting DACA.
- Met applicable immigration-status requirements as of June 15, 2012.
- Been enrolled in school, graduated or obtained a qualifying certificate of completion or GED, or been an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
- Satisfied applicable criminal-history and public-safety requirements.
Meeting these guidelines does not automatically guarantee DACA because deferred action is discretionary.
Applying for or Renewing DACA
A DACA request requires documentation establishing that the applicant satisfies the applicable requirements. Depending on the circumstances, this can include evidence of identity, arrival in the United States, continuous residence, education, and other qualifying criteria.
Individuals requesting DACA and employment authorization generally use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, together with Form I-765, Application for Employment Authorization, and the required supporting documentation.
Individuals who currently have DACA should pay particular attention to renewal deadlines. USCIS specifically provides a case-inquiry procedure for DACA renewal applications that have remained pending for more than 105 days. (USCIS E-Gov Services)
Benefits of DACA
Deferred Action and Employment Authorization
DACA can provide temporary protection from removal through deferred action. Qualifying recipients may also obtain employment authorization.
However, DACA should not be confused with permanent immigration status. It does not, by itself, provide a green card, lawful permanent residence, or U.S. citizenship.
Educational and Employment Opportunities
Employment authorization has allowed many DACA recipients to work legally in the United States and pursue professional opportunities.
Educational benefits vary by state. Depending on where a recipient lives, state law or institutional policies may affect eligibility for in-state tuition, financial assistance, professional licensing, and other educational opportunities.
Arguments Surrounding DACA
Supporters of DACA argue that individuals brought to the United States as children should not bear the same responsibility for immigration decisions made on their behalf. They also point to the economic and social contributions of DACA recipients who work, study, pay taxes, and participate in their communities.
Critics have questioned whether the executive branch had sufficient legal authority to establish DACA without congressional legislation. Others argue that immigration protections of this magnitude should be created by Congress rather than through executive action.
These competing arguments have contributed to years of litigation and uncertainty surrounding the program.
The Future of DACA
DACA’s future remains legally and politically uncertain. Court proceedings and federal immigration policies have repeatedly affected the program, making older information about DACA particularly important to verify before relying on it.
Current DACA recipients should not assume that their protections or employment authorization renew automatically. USCIS continues to process qualifying renewal requests, and recipients should carefully monitor their expiration dates and current USCIS instructions. (USCIS E-Gov Services)
Individuals considering a DACA request should also determine whether USCIS can currently adjudicate their particular type of request rather than relying on older information about initial applications.
Because DACA does not provide permanent immigration status, some recipients may have separate immigration options based on family relationships, employment, humanitarian protections, or other circumstances.
If you have DACA or have questions about how current developments may affect your immigration situation, contact Albizu Law at 512-861-5638 to schedule a consultation. An immigration attorney can evaluate your circumstances and help you understand the options that may currently be available to you.
