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DACA is a program that comes from the U.S. Department of Homeland Security that stands for Deferred Action for Child Arrivals. This program was made in concern of undocumented children. Putting DACA in place allows undocumented students more of an opportunity to thrive in the U.S. This policy gives these “youth temporary permission to stay in the U.S.” (nilc.org), which defers removal actions. In order to be considered for this program, however, you have to meet many different guidelines. For example, the individual applying for this temporary grant has to be under the age of 31 currently but under the age of 16 when they came to the U.S (ncscis.gov). They also have to either be enrolled in school, have completed high school, or GED (ncsis.gov). This program is very beneficial because it can provide a sort of calmness for some students to know that they have two years without fear of deportation. This program is designed to provide undocumented students easier access to higher education while temporarily taking away a worry for them and allowing them to focus on getting education and providing work permits. However, under the new Trump administration DACA only will accept renewal applications (nilc.org).

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Consideration of Deferred Action for Childhood Arrivals (DACA).

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Consideration of Deferred Action for Childhood Arrivals (DACA).

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Important information about DACA requests: Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. For more information, visit Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction.

This page provides information on requesting consideration of deferred action for childhood arrivals (DACA). You may request DACA for the first time or renew your existing period of DACA if it is expiring.

Find on this Page:

What Is 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. They are also 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.

Watch a Video on DACA

Watch a Video on DACA on USCIS YouTube Channel

Request DACA for the First Time

The following information explains the guidelines for requesting DACA for the first time. If you need further information and cannot find it in our Frequently Asked Questions, you can call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability:TTY 800-767-1833. Representatives are available Monday-Friday from 8 a.m. to 6 p.m. in each U.S. time zone.

Guidelines

You may request DACA if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Had no lawful status on June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

I have never been in removal proceedings, or my proceedings have been terminated before making my request.

At least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.

I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

Timeframe for Meeting the Guidelines
You must demonstrate

That on June 15, 2012 you

As of the date you file your request you

Have resided continuously in the U.S. since June 15, 2007;

Had come to the United States before your 16th birthday

Were physically present in the United States; and

Are in school, have graduated from high school in the United States, or have a GED; or

Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

Education and Military Service Guidelines

Your school or military status at the time of requesting DACA

Meet education or military service guidelines for DACA

I am currently enrolled in school.

See the Education section of the FAQs for a full explanation of who is considered currently in school.

Yes

I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

No

I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Yes

Please see our Frequently Asked Questions for more detail on school-related guidelines.
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Filing Process for DACA

If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.

Collect documents as evidence you meet the guidelines.
You will need to submit supporting documents with your request for DACA. You can submit legible copies of these documents unless the instructions specify you must submit an original document.

Examples of Documents to Submit to Demonstrate you Meet the Guidelines
Please see the instructions (PDF, 293.72 KB) to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for further details on acceptable documentation.

Proof of identity

Passport or national identity document from your country of origin

Birth certificate with photo identification

School or military ID with photo

Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday

Passport with admission stamp

Form I-94/I-95/I-94W

School records from the U.S. schools you have attended

Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)

Travel records

Hospital or medical records

Employment records (pay stubs, W-2 Forms, etc.)

Official records from a religious entity confirming participation in a religious ceremony

Copies of money order receipts for money sent in or out of the country

Birth certificates of children born in the U.S.

Dated bank transactions

Automobile license receipts or registration

Deeds, mortgages, rental agreement contracts

Tax receipts, insurance policies

Proof of immigration status

Proof of presence in U.S. on June 15, 2012

Rent receipts or utility bills

Employment records (pay stubs, W-2 Forms, etc)

School records (letters, report cards, etc)

Military records (Form DD-214 or NGB Form 22)

Official records from a religious entity confirming participation in a religious ceremony

Copies of money order receipts for money sent in or out of the country

Passport entries

Birth certificates of children born in the U.S.

Dated bank transactions

Automobile license receipts or registration

Deeds, mortgages, rental agreement contracts

Tax receipts, insurance policies

Proof you continuously resided in U.S. since June 15, 2007

Proof of your student status at the time of requesting DACA

Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Form DD-214, Certificate of Release or Discharge from Active Duty

NGB Form 22, National Guard Report of Separation and Record of Service

Military personnel records

Military health records

See our Frequently Asked Questions for information on submitting affidavits or circumstantial evidence to support your request.
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I-821D, Consideration of Deferred Action for Childhood Arrivals

Use the most recent version of the form linked on our website or USCIS will reject your form.

Please review the Filing Fee section of the Forms I-821D
and I-765 pages for detailed information.
These fees cannot be waived.

I-765, Application for Employment Authorization

Completing You Forms

You must file the most recent version of Form I-821D from our website. USCIS will reject older versions of the form if you submit them.

Write your name, date of birth, and mailing address exactly the same way on each form.

We prefer that you download the forms from our website, fill them out electronically, and then print your completed forms to mail.

Make sure you are using the most current version of the forms. The correct, most current edition of every USCIS form is always available for free download on our website.

If you complete the forms by hand, use black ink only. Do NOT use highlighters or red ink on your forms. These could make your materials unreadable when scanned.

If you must make changes on a form, we recommend that you begin with a new form, rather than trying to white out information. This can lead to scanning errors.

Ensure that you provide all required supporting documentation and evidence.

Be sure to sign all of your forms.

Filing Your Forms

USCIS will reject your request if you fail to submit Forms I-821D, I-765, I-765WS, and the correct fees.

Organize and label your evidence by the DACA guideline that it meets.

Be sure that you mail all pages of the forms.

Mail the forms to correct USCIS Lockbox.

You cannot e-file your DACA request.

If you have questions, call the USCIS Contact Center at 1-800-375-5283; do NOT visit a USCIS field office.

Mail your forms to the appropriate USCIS Lockbox.
See the mailing instructions for Form I-821D. Include the required forms, fees and supporting documentation with your filing. Remember to carefully follow instructions and fully complete your forms. USCIS will not accept incomplete forms or forms without proper fee. USCIS will mail you a receipt after accepting your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance.

UPDATE: Create a USCIS online account for DACA requests.

Beginning February 1, 2016, anyone who submits a DACA request will be able to create a USCIS online account to track and manage his or her case online. If you submit a DACA request, you will receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.

Having a USCIS online account allows you to:

If you are an attorney or accredited representative, creating a USCIS online account will allow you to manage all of your clients' DACA requests in one place. USCIS will continue processing your DACA request even if you choose not to access your USCIS online account. You will continue to receive notifications and updates about your case by mail through the U.S. Postal Service.

Note for Attorneys and Accredited Representatives: You should have only one USCIS online representative account. When you receive an Account Acceptance Notice for a paper form filed at a USCIS Lockbox on behalf of your client, please ensure that you enter the same personal information that you provided on the Form G-28 submitted with your client's original application, petition, or request. If the information you use to access your online representative account does not match the information you provided on the Form G-28, you may be unable to access your client's case.

Visit an Application Support Center (ASC) for biometric services.
After USCIS receives your complete request with fees, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, USCIS may deny your request DACA. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only.

Check the status of your request online.
The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides to defer action in your case.

You can check the status of your case on Case Status Online or by logging into your USCIS online account.

Fee Exemptions

There are very limited fee exemptions available. Your request for a fee exemption must be filed and favorably adjudicated before you file your DACA request without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet one of the following conditions:

You are under 18 years of age, have an income that is less than 150 percent of the U.S. poverty level, and are in foster care or otherwise lacking any parental or other familial support; or,

You are under 18 years of age and homeless; or,

You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or,

You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level.

Submit the following types of evidence:

Affidavits from community-based or religious organizations to establish a requestor's homelessness or lack of parental or other familial financial support.

Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level.

An affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level.

Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.

USCIS will send you a Request for Evidence (RFE) if it has questions on the evidence you submitted.
You can find additional information on our Fee Exemption Guidance Web page.
Note: There are no fee waivers available for employment authorization applications connected to DACA.

If USCIS Grants DACA in Your Case

If USCIS grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.

If USCIS Does Not Grant DACA in Your Case

If USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
We will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, we will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more information on notices to appear, visit www.uscis.gov/NTA.

Administrative Errors

You may request a review using the Service Request Management Tool process if you met all of the DACA guidelines and you believe USCIS denied your request because of an administrative error.

Examples:

USCIS believes you abandoned your case by not responding to a request for evidence (RFE), and you believe you did respond within the prescribed time; or

USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before we issued the RFE.

You can find a full list of possible errors in our Frequently Asked Questions.

To make a service request, you must call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. A USCIS representative will then forward your request to the proper USCIS office. Your service request will be reviewed for accuracy and USCIS will send you a letter informing you of its decision.

The USCIS Contact Center is now open Monday - Friday from 8 a.m. - 8 p.m. in each U.S. time zone.
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Travel Information

Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the U.S. before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States after Aug. 15, 2012, and before we decide your request for DACA, you will not be considered for DACA.

The following chart explains whether your travel will affect your continuous residence.

Travel Dates

Type of Travel

Does it Affect Continuous Residence

On or after June 15, 2007, but before Aug. 15, 2012

No

After Aug. 15, 2012, and before you have requested DACA

Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case and you cannot travel until you receive advance parole.

After Aug. 15, 2012, and after you have requested DACA

Yes. You cannot travel while your request is under review. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case.

In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely result in your being considered deported or removed, with potentially serious future immigration consequences.

On or after Aug. 15, 2012, and receiving DACA

It depends. If you travel after receiving advance parole, the travel will not interrupt your continuous residence. However, if you travel without receiving advance parole, the travel will interrupt your continuous residence.

Once USCIS has approved your request for DACA, you may file Form I-131, Application for Travel Document, to request advance parole to travel outside of the United States. If you travel outside the United States without first receiving advance parole, USCIS will automatically terminate your DACA.

USCIS is currently updating its policy on granting advanced parole for DACA recipients. Please check the Frequently Asked Questions for the latest guidance.

For detailed information see the Travel section of the Frequently Asked Questions.
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National Security and Public Safety Guidelines

You will not be considered for DACA if you have been convicted of:

A felony offense;

A significant misdemeanor offense; or

Three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

Or

You are otherwise deemed to pose a threat to national security or public safety.
What is the difference between "significant misdemeanor", "non-significant misdemeanor", and "felony"?

Felony

Significant Misdemeanor

Non-significant Misdemeanor

A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year.

A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,

2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and

2. Is one for which the individual was sentenced to time in custody of 90 days or less.

A minor traffic offense will not be considered a misdemeanor for purposes of DACA, However, driving under the influence is a significant misdemeanor regardless of the sentence. You can find detailed information in the National Security and Public Safety section of the Frequent Asked Questions.

Don't Be a Victim of Immigration Scams

Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.

Make sure you seek information about DACA from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.

Remember you can download all USCIS forms for free at www.uscis.gov/forms.

Combatting Fraud

USCIS is committed to safeguarding the integrity of the immigration process. If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, or imprisonment up to five years, or both, under 18 U.S.C. Section 1001. In addition, individuals may be placed into removal proceedings, face severe penalties provided by law, and be subject to criminal prosecution.

Previous DACA Updates

Sept. 13, 2016 Update: We are aware that some DACA requestors may have experienced delays receiving their Application Support Center biometrics appointment notices. We recently mailed biometrics appointment notices to those whose notices were delayed. Most of these appointments will be scheduled during the week of October 24, 2016, and we encourage you to appear at your appointment as scheduled. If you need to reschedule an appointment, please follow the instructions on your appointment notice. We will only reschedule a biometrics appointment if you have a compelling reason For more information, please refer to our guidance on rescheduling appointments due to reasons such as illness. For further information about your DACA request, you may call the USCIS Contact Center or send us an email from your online account inbox.

September 12, 2016 Update: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned. The court's temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012 and discussed below.

August 10, 2016 Update: If you submitted a request for DACA renewal between February 14 and May 14, 2016, your renewal request may have taken longer than expected. You should receive a decision on your case within the next few weeks. USCIS is dedicated to restoring normal processing times as quickly as possible.

June 27, 2016, Update: The Supreme Court's 4-4 decision on June 23, 2016, in United States v. Texas does not affect existing policy regarding 2012 Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under the 2012 guidelines.
The Supreme Court decision does, however, mean that the injunction prohibiting implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded DACA remains in effect

August 3, 2015, Update: Quick Facts for DACA Recipients Who Received 3-Year Work Authorization Post-Injunction

February, 15, 2015, Update: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned. The court's temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012 and discussed below. Please check back for updates.
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Consideration of Deferred Action for Childhood Arrivals (DACA)

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Important information about DACA requests: Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.

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What is the current state of the DACA program?
Last updated December 19, 2022

On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision on the legality of the 2012 DACA policy. For now, the Fifth Circuit kept the district court's stay in place, which means that current DACA recipients can continue to benefit from DACA and renew their grants of DACA and work authorization while the case continues, but first-time applications are still not being processed. As anticipated, the Fifth Circuit agreed with the district court that DACA is unlawful on both procedural and substantive grounds-in other words, the 2012 DACA memo was unlawfully published without required notice-and-comment procedures, and the 2012 DACA memo violates the Immigration and Nationality Act. The Fifth Circuit also found that the State of Texas has "standing," or the ability to bring its lawsuit against DACA, because it found that emergency Medicaid costs and public education costs for DACA recipients to be "injuries" suffered by the state. The Fifth Circuit remanded the 2022 DACA Rule to the district court to consider it in the first instance. The next step is for the Texas district court to consider the legality of the DACA Rule and issue its decision. On December 19, 2022, the Texas district court the parties' proposed schedule for submitting written briefs to the court. The parties' briefing will be completed on April 6, 2023, and the Texas district court will likely schedule a hearing thereafter.

On October 14, 2022, the Texas district court had a hearing. At the hearing, the Federal Government clarified that it understands the district court's injunction - which prohibits the consideration of first time DACA applications - to apply to the DACA Rule, and that it will continue not to process requests for DACA from first-time applicants, including those whose DACA has lapsed for more than a year. During the hearing, the court also discussed the next steps for it to consider the legality of the DACA Rule. The Federal Government stated that it would work to compile and submit the needed documents for the next stage of the case (the "administrative record") and anticipated those being ready in 3 to 4 weeks. The court asked the parties to propose a timeline for briefing the remaining legal questions after they have seen the documents the Federal Government gathers. The court also issued an order restating that the Federal Government continues to be prohibited "from granting DACA status for any new applicants."

On October 31, 2022, the DACA Rule rescinded and replaced the 2012 DACA memo. All current grants of DACA and advance parole issued under the 2012 DACA memo remain valid. Applications to renew DACA are now governed by the DACA Rule. Advance parole remains available for DACA holders. The DACA Rule's fee structure is now in place: The DACA application form I-821D now has a $495 filing fee, which includes biometrics and Employment Authorization Document ("EAD") services. In addition, the DACA Rule clarifies that expunged convictions, juvenile delinquency adjudications, and convictions under state laws for immigration-related offenses are not considered disqualifying convictions when applying for DACA.

What this means for those eligible for DACA: Presently, those who currently have DACA or had it within the last year can file for renewals of their DACA and work permits. The federal government is currently accepting, but not granting or even processing, applications from first-time applicants and anyone whose DACA expired more than one year ago. Further, the government has chosen, without explanation, to treat renewal applications from DACA recipients whose previous DACA grant expired more than one year ago as first-time DACA applications, which it cannot decide on under the Texas court's decision that has now been affirmed by the Fifth Circuit. Advance parole eligibility remains the same for current DACA holders. It is critical that Congress take steps to provide a permanent legislative solution now.

On August 30, 2022, the Department of Homeland Security (DHS) issued a final that, with limited changes, continues the Deferred Action for Childhood Arrivals (DACA) policy that was announced in 2012. The rule generally adopted the 2012 DACA, including the current threshold criteria for qualifying for DACA, as well as the existing process for DACA applicants to request work authorization when applying for DACA.

Though the Rule was set to take effect on October 31, 2022, the Federal Government has indicated that it understands the Texas district court's injunction to extend to the Rule. Accordingly, USCIS will continue processing DACA renewal applications, but will not grant any initial applications for DACA.

You can find further analysis of the rule here.
What happened in the Batalla Vidal case in New York?
Currently, counsel in the Batalla Vidal case is analyzing potential next steps. The most recent court action in Batalla Vidal took place on August 3, 2022. With Congress having failed to act and a proposed new DACA regulation still unfinalized, the Batalla Vidal plaintiffs (a nationwide class of all those who hold DACA or are DACA eligible) asked the New York court for relief for the approximately 100,000 individuals whose applications for first-time DACA, or renewal where their previous DACA expired more than one year ago, are stalled. Those individuals applied for DACA after the court ordered the government to re-open DACA for first-time applicants in December 2020, but whose applications were pending when a Texas federal court ordered the government to stop granting initial DACA applications in July 2021. We explained to the New York court that there is a space between the New York order and the Texas order that would allow the New York court to provide meaningful relief to the 100,000 first-time DACA applicants and lapsed renewal applicants who applied during that period and whose applications are still in limbo.

Unfortunately, on August 3, 2022, the New York court issued its decision, denying plaintiffs' motion in its entirety. The court is not extending any relief to people with pending first-time DACA applications or whose DACA has lapsed for over a year.

The August 3, 2022 decision of the New York court is available here.

What does the New York court's August 3, 2022 order mean?
The ruling is a disappointment for the nearly 100,000 class members whose applications are stuck in limbo. This ruling shows the Biden administration refuses to do things they could have done, such as allowing people whose DACA expired more than one year ago to renew or process further the applications of first-time applicants whose applications are now pending. However, the decision does not change the status quo.

Does the New York court's August 3, 2022 order change the DACA program?
No. The New York court denied Plaintiffs' request for limited relief for first-time DACA applicants and renewal applicants whose previous grants of DACA expired more than a year ago. Those who hold DACA can continue to renew their deferred action and work permits. The government is still not granting first-time applications or applications from those whose DACA has lapsed for more than one year.

As of now, there are no changes in the DACA program since July of 2021, other than What does this mean for first-time DACA applicants?
USCIS now accepting DACA renewal applications electronically.

Q: Should I send my first application if I have my documents ready?

A: This is an individual decision you should make in conjunction with your lawyer or legal representative. The application request costs $495 and although USCIS will accept the application, keep the money, and issue a receipt notice, the application will be granted or denied.

Q: I have already sent in my application. What will happen next?

A: The application will not be granted. On July 27, 2021, USCIS advised they will be putting these applications "on hold" and will NOT be refunding application fees or rejecting applications. This could change in the future. You can check uscis.gov/daca for updates.

Q: My first-time DACA application was granted before July 16, 2021. Has anything changed?

A: No, your DACA and work permit remain valid. You can use your work permit and you are entitled to a Social Security number and could be eligible for other benefits.

What does this mean for current DACA recipients?
While the Texas decision is appealed, the Texas court order allows current DACA holders to continue benefiting from DACA and work permits remain valid. You can use your work permit and you are entitled to a Social Security number and could be eligible for other benefits. The letter filed in New York does not change this.

Q: Has anything changed with my DACA or work permit?

A: No, you will continue to be protected against deportation, and you may continue to use your work permit, Social Security number and any other benefits associated with your DACA.

Q: When should I renew my DACA?

A: USCIS encourages renewals to be filed between 120 and 150 days prior to the expiration of your DACA. However, USCIS will accept your application before 150 days but will not process it until 150 days before your DACA expires. If your DACA expires in the next few months, we encourage you to renew as soon as possible.

Q: What if my DACA expired more than one year ago?

A: USCIS is not granting applications for previous DACA holders whose DACA lapsed for over one year. You may still file an application, but it will not be approved unless the government changes its current practice.

What does this mean for travel on advance parole?
USCIS continues to process and issue advance parole from current DACA holders.

Q: I have received advance parole. Can I still travel?

A: Your advance parole is valid and you may travel and re-enter the United States using the document as long as your DACA remains current. However, we always recommend you consult with an attorney or accredited representative about individual risks before traveling.

Q: I have an advance parole application pending. What will happen next?

A: If your DACA is current and you meet the advance parole eligibility requirements, USCIS will continue to process and issue a decision on your advance parole application.

Q: I was planning on applying for advance parole. Should I still apply now?

A: If your DACA is current and you are eligible for advance parole, you may apply. Your application will be processed. However, you should pay attention to the media and uscis.gov/daca for any further court updates that may impact advance parole for DACA holders.

Could any of this change?
Yes, the current DACA program is subject to change based upon court orders or federal government policy change. Please check this website for updates.
Get involved!

The back and forth in the courts make it clear that we need Congress to act now. Immigrants across the country are fighting to create a pathway to citizenship for all that is inclusive of DACA beneficiaries and their families.

Sign up for updates on our class action website: dacaclassaction.org.

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What is the current state of the DACA program? Last updated December 19, 2022 On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision on the legality of the 2012 DACA policy.

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When it comes to DACA, there are many different viewpoints. There are a lot of people for the program and a lot of people that have issues with it. One issue that people are worried about with the program is that it may create more of an influx in illegal immigration because it may “promote” it in a way. Some people feel that it is like “erasing the fact that they broke the law” (connectusfund.org). A backlash to this viewpoint may be that the individuals applying for this are doing so in an effort to better their life and/or have a fresh start. Another viewpoint in this would be that DACA may end up helping build back up the economy (connectusfund.org). Working as an illegal immigrant does not contribute to the economy because they are not paying taxes. Undocumented immigrants in this program are given work permits making it so that their pay is taxed, which grows our economy. Another perspective to DACA is quite the opposite stating that it may be too costly. Considering that a high percentage of immigrants end up needing financial assistance because of low paying jobs, programs like Medicare, food stamps, etc. will grow drastically (connectusfund.org). DACA may be a controversial program, however, in the long run it may be more beneficial as a nation because it creates more opportunity for more individuals which may bring us all closer as a society.

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Pros and Cons of Amnesty for Illegal Immigrants

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Pros and Cons of Amnesty for Illegal Immigrants

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Real-estate mogul Donald Trump makes the news for a variety of reasons, but his latest foray into the headlines cost him relationships with Univision, NBC and Macy's.

Trump is running for president of the United States in the 2016 elections and his apparent way of wooing voters is by vilifying illegal immigrants. He called them rapists and drug criminals. Then again, this wasn't the only time Trump has said words against undocumented immigrants.

In a March 25, 2015 interview with Iowa-based conservative podcast host Steve Deace, Trump referred to illegal immigrants as "destroying America": "People are flowing into this country by the millions, not by the thousands, by the millions, and destroying the fabric of the country."

Apparently, the man has been doing it for quite some time and it's just now that people are taking notice.

As you can see, illegal immigration is such a conscientious topic - anywhere. But maybe most particularly significant in big nations like the US with thousands upon thousands of undocumented immigrants coming from not just close to their borders but from other countries as well.

In November 2014, US President Barack Obama announced that he will be granting temporary legal status and work permits for close to five million illegal immigrants. However, the deal is only applicable to undocumented immigrants who have lived in the country for at least five years. It asks them to register, pass a background check and be granted a stay of deportation and a work permit valid for at least three years.

A lot, particularly Republicans, did not agree at all with the decision. For President Obama, the action was necessary to address the immigration issue in the US. In addition, Obama reached a decision as Republican lawmakers refused to pass an immigration bill that he favored.

The Senate - which is led by Democrats - passed a bill in 2013 that would grant long-term pathway to citizenship for most of the estimated 12 million illegal immigrants in America.

The decision was not met with applause unlike the recent decision to legalize gay marriage across America. Even those who are immigration reform advocates didn't quite like the decision as they felt more could be done. For Wilfredo Seda, a radio host and immigration activist from Lancaster, Pennsylvania: "This will impact less than half of the 11 million undocumented immigrants living here right now. By ignoring that many people, we are still leaving most people in the shadows."

So what are people in favor of and against with this amnesty for illegal immigrants?

List of Pros of Amnesty for Illegal Immigrants

1. It helps contribute to the economy.
Illegal immigrants don't contribute to the economy even if they work. That is because their pay isn't taxed because they don't have the legal right to work in the US. In essence, there are millions of dollars that goes unpaid in income taxes each year. With the amnesty program, unauthorized immigrants would be recognized and hence, their pay will be considered as legal income and can be taxed.

2. It can result in a stronger nation.
Illegal immigrants don't feel as part of the nation because of their status. They are always left out in terms of benefits and such. By lifting them to legal status, they might be a bridge towards building a stronger America.

3. It gives people a second chance.
They may have committed a crime by coming to the US without consent, but amnestying them would allow them a new start - not in hiding anymore. As some say, when people are given a second chance, they can do great things.

List of Cons of Amnesty for Illegal Immigrants

1. It encourages more illegal immigration.
In February 2015, Judge Andrew S Hannen rejected an argument raised by Texas in trying to establish legal standing. The state showed that the amnesty policies of President Obama would cause an increase of illegal residents and would also put a dent on state coffers as a result.

The state of Texas even included a written testimony from Karl Eschbach, a Harvard Ph.D. who was a former demographer for the state as well as an expert in racial demographic trends, ethnic health disparities and illegal immigration, but that didn't even help their cause. Texas has been paying out close to $1.7 billion in the last two years in uncompensated health care associated with illegal residents.

In the testimony, Eschbach noted that amnesty policies "encourage those eligible [for it] to stay in the United States and incentivize other ineligible unauthorized immigrants to remain in the United States with the hope that they will be the beneficiaries of a future adjustment of status." He added, "the effect of DACA and DAPA is to incentivize residents of other countries to come to the United States."

This isn't just speculation though, it has happened.

The DREAM (Development, Relief, and Education for Alien Minors) Act is a legislative proposal for undocumented US immigrants that would grant them conditional residency and when they meet further qualification, permanent residency. In June 2012, Obama suspended enforcement action against Dreamers. Within three months, 150,000 teenagers and families from Central America crossed across the border.

2. It erases the fact that people broke the law.
While advocates do feel for the plight of those who want to hopefully better their lives by immigrating to the US, it also doesn't change the fact that they broke immigration laws. Everything that has been proposed absolves unauthorized immigrants of their sins - basically, the slate is wiped clean.

With the latest amnesty for illegal immigrants, Obama has seemed to forget what he said in the past. For some time, he has pleaded for relief for the young ones who were unknowingly brought into the country by their parents. For the president, the children "often have no idea that they're undocumented until they apply for a job or a driver's license or a college scholarship." The message at that time was: don't blame the children for the faults of their parents. However, fast forward to 2014 and the policy Obama has put in place exempts the parents from their wrongdoing.

3. It is costly.
Let's face it, not everyone who illegally migrate ends up being wealthy. Most of the time, they end up poor and employed in low-income jobs because of their status. Amnestying them would mean they would qualify for means-tested social programs. Data shows that 41% of net growth in the Medicaid population between 2011 and 2013 were made up of immigrants and their children. By legalizing millions more, programs such as Medicaid, Section 8 housing vouchers and food stamps will grow astoundingly.

Put simply, immigration policy in the US has increased the number of poor people living in the US dramatically.

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6 Remarkable Pros and Cons of Amnesty for Illegal Immigrants

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Real-estate mogul Donald Trump makes the news for a variety of reasons, but his latest foray into the headlines cost him relationships with Univision, NBC and Macy's. Trump is running for president of the United States in the 2016 elections and his apparent way of wooing voters is by vilifying illegal immigrants.

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Opinions on DACA are seemingly cut into two, and of course they’re segregated by party. At face value, Republicans are opposed to DACA because of the way it was initiated by President Obama, “unconstitutionally”, and Democrats support DACA to protect children brought to the United States Illegally. Both sides have valid points, what I wonder is how it will affect future educators. As a future educator, and a huge fan of all children, I automatically sympathize with the argument of DACA being crucial to protecting immigrant children. In a report done by the Brookings Institution in 2013, they found that 64% of DACA recipients are over the age of 19. This statistic changes the perception that DACA is protecting little children, but at the same time DACA is protecting people, regardless of how old they may be, who were brought here illegally without their consent or understanding. On September 5th of last year, the Trump Administration announced, “The Department of Homeland Security will stop processing any new applications for the program as of Tuesday and rescinded the Obama administration policy, Deferred Action for Childhood Arrivals” (Kopan CNN, 2017). So as of last year, new immigrants can’t apply for DACA, but current holders of DACA can renew their license after two years. With the United States current president and hostile environment towards all ranges of minorities from women to immigrants, I don’t think DACA will be in effect much longer nor will helpful programs similar be incorporated until change occurs in the Legislative or Executive branches. What this means for future educators, unfortunately, is most of their elementary-aged students won’t have DACA or a supportive government and therefore they and their families will live in fear of being deported, losing their homes and livelihoods. Students in fear of losing their families, their homes, and their safety can’t learn; what they learn is they have to hide, and they can’t flourish here- that does more harm than good for everyone involved.

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Trump ends DACA but gives Congress window to save it

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Trump ends DACA but gives Congress window to save it

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The Department of Homeland Security will stop processing any new applications for the program as of Tuesday and rescinded the Obama administration policy, Deferred Action for Childhood Arrivals.

"I am here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded," Attorney General Jeff Sessions said Tuesday at the Justice Department.

In the five years since DACA was enacted, the nearly 800,000 individuals who have received the protections have started families, pursued careers and studied in schools and universities across the United States. The business and education communities at large have joined Democrats and many moderate Republicans in supporting the program, citing the contributions to society from the population and the sympathetic fact that many Dreamers have never known another home than the US.

In a statement after his agencies and attorney general announced the decision, President Donald Trump blamed former President Barack Obama for creating the program through executive authority and urged Congress to come up with a solution.

"It is now time for Congress to act!" he said.

Trump said that winding down the program would be more considerate than letting the courts end it but emphasized he stands by his "America First" agenda.

"As I've said before, we will resolve the DACA issue with heart and compassion -- but through the lawful Democratic process -- while at the same time ensuring that any immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve," Trump said. "We must also have heart and compassion for unemployed, struggling and forgotten Americans."

Later, Trump told reporters he feels compassion for those affected, but "long term it's going to be the right solution."

"I have a great heart for these folks we're talking about. A great love for them and people think in terms of children but they're really young adults. I have a love for these people and hopefully now Congress will be able to help them and do it properly," he said ahead of a meeting on tax reform.

The administration also announced a plan to continue renewing permits for anyone whose status expires in the next six months, giving Congress time to act before any currently protected individuals lose their ability to work, study and live without fear in the US.

The Trump administration pitched the move as the "least disruptive" option available after facing a threat from 10 conservative state attorneys general to challenge the program in court, according to senior administration officials briefing reporters on the move during a conference call conducted on condition of anonymity.

Sessions had determined that the program would not be likely to withstand that court challenge, he said.

"The Department of Justice cannot defend this overreach," Sessions said. "There is nothing compassionate about the failure to enforce immigration laws. Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. The compassionate thing is to end the lawlessness, (and) enforce our laws."

But in an internal email sent to all DHS staff, acting Homeland Security Secretary Elaine Duke struck a softer tone than the official line, while still criticizing the previous administration.

"I am very aware of the consequences of this action, and I sympathize with the DACA recipients whose futures may now be less certain," Duke said in the memo, obtained by CNN. "But I am also frustrated on their behalf. DACA was never more than parole -- a bureaucratic delay -- that never promised the rights of citizenship or legal status in this country. And for that reason, DACA was fundamentally a lie that left recipients in two-year cycles of uncertainty."

DHS spokesman David Lapan confirmed the authenticity of the memo that CNN obtained.

Congress faces deadline

The move sets a clock for Congress to act to preserve the program's protections before the DACA recipients begin losing their status March 5, 2018.

In a statement, House Speaker Paul Ryan reiterated his aspiration that Congress will reach a solution in time.

"It is my hope that the House and Senate, with the president's leadership, will be able to find consensus on a permanent legislative solution that includes ensuring that those who have done nothing wrong can still contribute as a valued part of this great country," Ryan said.

Senate Majority Leader Mitch McConnell praised Trump's move

"President Obama wrongly believed he had the authority to re-write our immigration law. Today's action by President Trump corrects that fundamental mistake," McConnell said in a statement. "This Congress will continue working on securing our border and ensuring a lawful system of immigration that works."

No one's DACA status will be revoked before it expires, administration officials said, and any applications already received by Tuesday will be processed.

Anyone who's status expires by March 5 has one month to apply for a new two-year permit, and those applications will be processed.

If Congress were not to act, and DACA begins to expire, nearly 300,000 people could begin to lose their status in 2018, and more than 320,000 would lose their status from January to August 2019. More than 200,000 recipients have their DACA expiring in the window that DHS will allow renewal.

Deportations?

Speaking with reporters on a conference call on condition of anonymity, DHS did not rule out that anyone with expired DACA would then be subject to deportation. Immigration and Customs Enforcement said it will continue to prioritize for enforcement people with criminal records, people who re-enter the US illegally and those with final orders of removal.

But officials said there will be no formal guidance that former DACA recipients are not eligible for deportation, and ICE officers in the field who encounter them will be making a case-by-case judgment as to whether to arrest that individual and process them for deportation.

The administration insisted its approach was designed to offer some security to DACA recipients, emphasizing that if it had allowed the courts to decide the issue, then would have been risking an immediate and abrupt end to DACA at the hands of a judge.

But it also was made clear that once DACA begins to expire, if Congress doesn't act, then people formerly protected "would be like any other person who's in the country illegally," according to a senior DHS official.

All of the information provided to the government by DACA applicants will remain in the DHS system. US Citizenship and Immigration Services, which administers the program, will give that information to ICE if requested if "there's a significant law enforcement or national security interest," an official said.

While they won't be specifically targeted, DHS said, they could be arrested and deported if they are encountered by ICE officers. And their information, which they provided extensively for their DACA applications, will continue to reside in DHS systems and could be accessed if officers feel it's necessary in the course of an investigation.

DHS said it had on plans to issue formal guidelines on how former DACA recipients -- or their information -- will be treated beyond the current operating procedures of DHS.

"To be clear, what ICE is doing now is what Congress intended, we're actually enforcing the law the way it is written," said a senior ICE official. "(This is t)he first President who's asked us to enforce the law the way it is written and not asked us to have some executive interpretation of the law."

The officials placed the onus on Congress to make any changes to the system.

Obama speaks out

The former president issued a rare statement criticizing the move by his successor to rescind one of his signature programs, calling it "basic decency."

He also pushed back on the administration's claims that its hands were tied legally.

"Let's be clear: The action taken today isn't required legally," Obama said. "It's a political decision, and a moral question. Whatever concerns or complaints Americans may have about immigration in general, we shouldn't threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us."

Obama then extolled the virtues of DACA recipients while implicitly rebutting the administration's arguments for ending the program.

"They are that pitcher on our kid's softball team, that first responder who helps out his community after a disaster, that cadet in ROTC who wants nothing more than to wear the uniform of the country that gave him a chance," Obama said. "Kicking them out won't lower the unemployment rate, or lighten anyone's taxes, or raise anybody's wages ... Ultimately, this is about basic decency."

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trump ends daca but gives congress window to save it - cnnpolitics

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Trump ends DACA but gives Congress window to save it

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The Department of Homeland Security will stop processing any new applications for the program as of Tuesday and rescinded the Obama administration policy, Deferred Action for Childhood Arrivals. "I am here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded," Attorney General Jeff Sessions said Tuesday at the Justice Department.

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There are so many things I want to suggest, but at the same time I don’t want to suggest anything at all, because I don’t know what is best. I completely understand what President Obama was trying to accomplish, he saw a need and took control because Congress wouldn’t. Allowing young adults to not only live but thrive in the country in which they were brought to at a young age, is not only considerate to children who had no control over their situation but it’s giving it to those deserving, the ones with a high school diploma or pursuing education, no criminal record, or military veterans. To be honest, I would extend a visa or a path to citizenship for all immigrants that fulfill those requirements that DACA demands. The United States is a large country with plenty of jobs for all and if safe and educated people want to immigrate to participate in a democratic and stable society I don’t see a problem with that. In fact, I feel that DACA should be a program that places those eligible on a path to citizenship, they are paying taxes after all (including Social Security, for which they most likely will not reap the benefits of later in life unless they gain citizenship). Over all, I understand both sides, but of course I’m going to lean on the side that protects and supports people, citizens or not.

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This is the pieced together APA formatted essay it has the same information on here.