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 guidelines may request consideration of deferred action for a period of two years, subject to renewal. This also made them eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
In order to qualify for DACA, an applicant must meet the following criteria:
However, in 2017, the Trump Administration terminated DACA. The USCIS stopped accepting initial or first-time applications as well as renewal applications for DACA.
USCIS then begun accepting initial or first-time applications for DACA grant, in compliance with the United States District Court Order issued on December 04, 2020.
Then again on July 16, 2021, a federal judge in the Southern District of Texas ruled that DACA is unlawful under its current terms. The court granted Texas’ request for a permanent injunction and vacated the 2012 Memorandum that created DACA.
Effective October 31, 2022, and as of now USCIS is only accepting and processing DACA renewal requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay.