The Obama Administration’s Deferred Action for Childhood Arrivals (DACA) Executive Order
On June 15, 2012, President Barack Obama announced that the U.S. Department of Homeland Security (DHS) would not deport certain undocumented youth who had come to the United States as children. Under a directive from the secretary of DHS, these youth may be granted a type of temporary permission to stay in the U.S. called “deferred action.” The Obama administration called this program Deferred Action for Childhood Arrivals, or DACA.
Deferred action granted under DACA is valid for two years and can be renewed for an additional two years. Currently, U.S. Citizenship and Immigration Services (USCIS) is accepting applications both from people who were previously granted DACA and now want to renew it and from people applying for DACA for the first time. Everyone who submits either an initial DACA request or a DACA renewal request must use the revised DACA application form (Form I-821D). (More specific information about the DACA renewal process is available from the National Immigration Law Center’s FAQ: Deferred Action for Childhood Arrivals Renewal Process.[1]) People who receive deferred action may apply for and obtain employment authorization.
WARNING: Do NOT take advice about your immigration case from a notary public or an immigration consultant. Contact ONLY a qualified immigration lawyer or an accredited representative for legal advice about your case. A directory of legal service providers in your area is available at www.weownthedream.org/legalhelp/.
What is deferred action?
Deferred action is a kind of administrative relief from deportation. Through it, DHS authorizes a non–U.S. citizen to remain in the U.S. temporarily. The person may also apply for an employment authorization document (a “work permit”) for the period during which he or she has deferred action.
Deferred action is granted on a case-by-case basis. Even if you meet the requirements outlined below, DHS will still have to decide whether to grant you deferred action.
A grant of deferred action is temporary and does not provide a path to lawful permanent resident status or U.S. citizenship. However, a person granted deferred action is considered by the federal government to be lawfully present in the U.S. for as long as the grant of deferred action is in effect.
Who is eligible for an initial grant of DACA?
To be eligible for deferred action under the DACA program, you must:
•Have been born on or after June 16, 1981.
•Have come to the United States before your sixteenth birthday.
•Have continuously lived in the U.S. since June 15, 2007.
•Have been present in the U.S. on June 15, 2012, and on every day since August 15, 2012.
•Not have a lawful immigration status. To meet this requirement (1) you must have entered the U.S. without papers before June 15, 2012, or, if you entered lawfully, your lawful immigration status must have expired before June 15, 2012; and (2) you must not have a lawful immigration status at the time of your application.
•Be at least 15 years old. If you are currently in deportation proceedings, have a voluntary departure order, or have a deportation order, and are not in immigration detention, you may request deferred action even if you are not yet 15 years old.
•Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date that you submit your deferred action application. See below for more information about meeting the “be in school” requirement.
•Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
•Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses. See below for more information about offenses that may disqualify you.
•Not pose a threat to national security or public safety. (DHS has not defined what these terms mean but has indicated that they include gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
•Pass a background check