Deferred Action for Childhood Arrivals (DACA) is a use of prosecutorial discretion to defer removal action against children who meet several guidelines.
Who is eligible?
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Had no lawful status on June 15, 2012;
- 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
- 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.
On September 5, 2017 DHS issued a memo rescinding DACA and an FAQ addressing elements of the implementation. Afterwards, several states, universities, NGOs and others filed lawsuits challenging the legality of the DACA rescission.
On January 10, 2018, Judge Alsup of the Northern District of California issued a preliminary injunction in Regents of the University of California, et al. V. Department of Homeland Security requiring USCIS to resume accepting certain DACA applications.
how to apply/renew
- Individuals who have previously received DACA may request renewal by filing the following forms:
- Renewal applications will be accepted from applicants whose DACA expired on or after Sept. 5, 2016
- New, initial applications will be accepted from applicants who previously held DACA and whose DACA expired before Sept. 5, 2016
- Applications from persons who have never received DACA will be NOT be accepted
- Applications requesting Advance Parole, travel authorization for DACA recipients will NOT be accepted
- DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017