The DACA policy, also called the DACA program, is a form of deferred action, meaning a decision by government authorities to delay removal or deportation action against certain childhood arrivals. These are people who came to the United States as children and met strict immigration law guidelines.
By granting deferred action, eligible individuals get temporary protection from deportation (being forced to leave the country) and receive permission to work. This protection is given based on prosecutorial discretion, which means the government chooses how and when to enforce immigration laws.
It was established during the term of Barack Obama, with policy inputs from legal scholars. The policy, developed under the Department of Homeland Security and implemented by United States Citizenship and Immigration Services (USCIS), is a response to overloaded immigration courts and prosecutors. It focused on removal efforts of serious offenders and granted temporary protection and work authorization to qualified young arrivals.
The qualifications include:
• Arriving in the United States before 16.
• Continuous residence within the United States since June 15, 2007.
• Have zero lawful immigration status, or the permission to live and stay in the U.S. under the immigration law, as of June 15, 2012.
• Have no felony or serious misdemeanor convictions.
• Have completed high school or earned a General Education Development (GED) certificate.
• Have been honorably discharged from the military.
Submit these documents to support your filing or renewal request.
• Origin birth certificate
• Identity passport or other national identity document
• Country passport entries
• A DHS document stating prior actions or entries
• Admission stamp form records
• Photo identification and school records
• Medical records
• GED certificate proof
• Utility bills and employment records
• Proof of familial financial support
• Service military personnel records
• Active duty National Guard Bureau form
• National Guard report
• Letters from religious organizations confirming participation
Many benefits depend on timely DACA renewal. Only current DACA recipients can file DACA renewal requests under the present rules. Initial DACA applications can be accepted for filing, but aren’t currently approved due to federal court rulings.
The agency reviews the following when you process DACA renewal requests:
• Criminal record updates
• Continued eligibility
• Travel history
The typical renewal request usually involves:
1. Submitting updated forms for employment authorization applications.
2. Filing employment authorization applications connected to DACA.
3. Including updated supporting documentation.
4. Paying the required fees in full.
Applicants are typically sent through a USCIS lockbox. Notices are later mailed to the applicant. If you have any questions, you can contact the USCIS contact center.
Some DACA recipients can request advance parole for educational, employment, and humanitarian purposes. This should be justified and documented.
If approved for advance parole (official permission to return to the U.S. after travel), you’ll get an advance parole document before leaving. Keep your passport stamps, entry records, and proof of any removal (deportation) proceedings that you previously encountered at the border.
It’s important to understand that consideration of deferred action, which means a choice by the government not to deport someone temporarily, does not mean permanent relief or a permanent immigration benefit.
• Temporary deferred action status.
• Protection from removal.
• Renewable two-year employment authorization.
• Eligibility for employment authorization documents.
• A lawful immigration status
• Direct path to lawful permanent resident status.
• Guaranteed permanent lawful status.
• Automatic protection from future policy changes.
DACA program’s long-term future depends heavily on legislation and court decisions. Because rules can change in a snap, immigrant communities should stay informed through official channels.
If you’re a DACA recipient and you need an immigration lawyer’s help in figuring things out, our attorneys at Hacking Immigration Law, LLC are here to help. Give us a call now!
