DACA (Deferred Action for Childhood Arrivals)

What It Means

Deferred Action for Childhood Arrivals was established by a June 15, 2012 memorandum from DHS Secretary Janet Napolitano as an exercise of prosecutorial discretion. DACA does not confer lawful status but provides a two-year, renewable grant of deferred action from removal and eligibility for employment authorization under 8 CFR 274a.12(c)(14). To have qualified for initial DACA, applicants had to have arrived in the U.S. before age 16, have been under 31 on June 15, 2012, have continuously resided in the U.S. since June 15, 2007, have been physically present on June 15, 2012 and at the time of application, be in school, have graduated, or be honorably discharged from the military, and not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors. Applicants file Form I-821D together with Form I-765 for an EAD and Form I-765WS worksheet. At its peak, roughly 800,000 individuals held DACA; the program has contracted to approximately 530,000 to 580,000 active recipients due to limits on new initial filings imposed by the July 2021 Texas v. United States district court ruling. The Supreme Court's 2020 Department of Homeland Security v. Regents decision blocked the 2017 rescission on APA grounds, preserving renewals but leaving the program legally precarious. DHS published a final DACA rule in August 2022 (8 CFR 236.22) codifying the program, which Texas has also challenged. DACA does not provide a direct path to LPR status, though recipients with qualifying avenues (marriage to a U.S. citizen, parole under INA 212(d)(5), or advance parole travel) may in some circumstances adjust.

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