DACA (Deferred Action for Childhood Arrivals)

Immigration is federal law, and DACA in particular changes with ongoing court rulings. This is general information, not legal advice — talk to a qualified immigration attorney or accredited nonprofit before relying on DACA, and check the official USCIS page for the current status.

DACA — Deferred Action for Childhood Arrivals — is a policy administered by U.S. Citizenship and Immigration Services (USCIS) for certain people who came to the United States as children. First announced in 2012, it lets eligible people ask that their removal (deportation) be deferred for a renewable two-year period and apply for permission to work.

What DACA is — and what it isn’t

This is the most important thing to understand: DACA does not grant lawful immigration status, and it does not create a path to a green card or U.S. citizenship. It is a form of prosecutorial discretion — the government agreeing not to pursue removal for a set period. During that period, a recipient does not accrue unlawful presence, but the underlying lack of status remains.

How it works

A request is made on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. To also obtain a work permit, applicants file Form I-765 (Application for Employment Authorization) along with Form I-765WS, a worksheet establishing economic need. DACA and the related work authorization are granted on a case-by-case basis for a two-year period and can be requested for renewal.

Ongoing litigation

DACA has been the subject of continuous federal litigation. Whether USCIS can accept and approve initial requests versus renewal requests depends on the current court orders — not on a fixed, permanent rule. Because the legal landscape shifts, anyone considering DACA should check the official USCIS DACA page and get advice from a qualified attorney before filing. Connect with a lawyer.