DACA: What It Is and Who Qualifies

Deferred Action for Childhood Arrivals is one of the most significant immigration policy initiatives of the past two decades, and it is also one of the most legally contested. Created by executive action in 2012 under President Obama, DACA provides temporary protection from deportation and work authorization to undocumented people who were brought to the United States as children and who meet specific eligibility requirements.

For the hundreds of thousands of people who have qualified and benefited from DACA, it has been transformative: the ability to work legally, to travel in some circumstances, to plan a career, and to live without the constant immediate threat of deportation. For those who have not yet applied or who have allowed their status to lapse, understanding the current state of the program and what options remain available is urgent.

The legal status of DACA has been subject to ongoing litigation, and the program's future has been uncertain for years. This guide explains the eligibility requirements, what DACA provides, what it does not provide, and the current state of the legal battles that continue to define its availability.

DACA Eligibility Requirements

DACA eligibility is defined by specific criteria that must all be met simultaneously. First, the applicant must have come to the United States before their 16th birthday. Second, they must have continuously resided in the United States since June 15, 2007. Third, they must have been physically present in the United States on June 15, 2012, and at the time of filing their request. Fourth, they must have entered without inspection before June 15, 2012, or their lawful immigration status must have expired as of June 15, 2012.

Additionally, applicants must be currently in school, have graduated from high school or obtained a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. They must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and must not otherwise pose a threat to national security or public safety.

Age requirements have been a source of confusion. There is no longer an upper age limit for DACA renewal applications, though initial applicants must have been under 31 as of June 15, 2012. People who turn 15 after June 15, 2012 do not qualify for initial DACA requests, because they must have been physically present on June 15, 2012, and must have entered before their 16th birthday, which was only possible if they were already at least in their early teens by the 2012 cutoff.

What DACA Provides and What It Does Not

DACA provides two things: deferred action, which means the government agrees to defer deportation proceedings against the recipient for a renewable two-year period, and employment authorization, which allows the recipient to work legally in the United States during the deferred action period. Deferred action is not a visa, is not a path to a green card, and does not confer any form of lawful immigration status.

Work authorization under DACA allows recipients to obtain a Social Security number, which enables them to work on the books, build credit, access financial services, and pay into Social Security and Medicare. It also typically allows recipients to obtain a state driver's license in most states, though the specific rules vary by state.

DACA does not provide a path to a green card or citizenship. Receiving DACA does not make a person eligible to adjust status to permanent residence unless they have an independent basis for doing so, such as a qualifying family relationship or employer sponsorship. DACA recipients who qualify for permanent residence through other means may pursue that separately, but DACA itself does not create or accelerate that eligibility.

Advance Parole: Travel for DACA Recipients

Advance parole is a separate benefit that DACA recipients can apply for that allows them to travel outside the United States and return. Without advance parole, leaving the country would result in the abandonment of DACA status and the triggering of bars to reentry based on unlawful presence. With advance parole, recipients can travel for humanitarian, educational, or employment purposes and return without abandoning their DACA protection.

Critically, returning to the United States on advance parole after having departed counts as an admission for immigration purposes, which in some cases creates a path to adjustment of status to permanent residence for DACA recipients who have qualifying family petitions. This is one of the most significant practical benefits of advance parole, because it can convert what was previously an unresolvable immigration situation into one with a viable path forward.

Advance parole has been unavailable during certain periods of DACA's legal uncertainty. Applicants should verify the current availability and processing status of advance parole applications before making any travel plans, as the legal landscape of DACA continues to evolve.

The Legal Landscape: DACA's Uncertain Future

DACA has been the subject of continuous litigation since 2017, when the Trump administration announced its termination and the program became the subject of multiple federal court challenges. Courts have issued conflicting rulings on DACA's legality, with some federal courts finding it lawful and others finding it invalid. The Supreme Court ruled in 2020 that the 2017 rescission was procedurally flawed, allowing the program to continue temporarily.

Subsequent litigation has continued, with a federal district court in Texas finding DACA unlawful and enjoining the acceptance of new applications while allowing existing recipients to renew. The Biden administration implemented a final rule codifying DACA in the Code of Federal Regulations in an attempt to strengthen its legal foundation, but courts have continued to challenge even the codified version.

The practical result of this ongoing litigation is that DACA renewals continue to be processed for existing recipients in most circuits while initial applications remain enjoined in some jurisdictions. People with DACA should renew their status well before expiration and should consult an immigration attorney about the current state of the program and any changes that may affect their specific situation.

Final Thoughts

DACA has been a lifeline for hundreds of thousands of young people who have built their lives in the United States and who consider themselves American in every meaningful sense. The legal uncertainty that has surrounded the program for years makes staying informed, renewing on time, and consulting with an immigration attorney about your specific situation more important than ever.

Whatever the future of DACA as a policy matter, the people who benefit from it deserve the fullest understanding of what it currently provides, what it does not provide, and what alternative paths to permanence may be available to them based on their individual circumstances.

Do not let DACA expire without renewing it if renewal is available. And consult an immigration attorney about whether your personal situation includes any path to more permanent immigration status that you may not yet have explored.