DACA – Deferred Action for Childhood Arrivals

Enacted on June 15, 2012, DACA is an executive action program that allows certain individuals who came to the United States as children to request deferred action for a period of two years, with the option to renew thereafter.

Deferred action is a form of prosecutorial discretion where the Department of Homeland Security (DHS) chooses not to pursue removal action against an individual for a certain period of time.  On June 15, 2017, DHS announced that the DACA program would remain in effect. Follow this link

You may be eligible for DACA if you meet the following requirements:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16^th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED (general education development) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. 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.

*A significant misdemeanor is a misdemeanor for which the maximum term of imprisonment authorized is greater than five days up to one year that also meets the following criteria:

1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days*. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

*DHS retains the discretion to decline a request for deferred action for individuals on the basis of a single criminal offense that resulted in a sentence to time in custody of 90 days or less.  All DACA cases are determined on a case-by-case basis and consider the totality of the circumstances.

You must be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order.  In addition, anyone requesting DACA must be under the age of 31 as of June 15, 2012.

You may request employment authorization with your request for DACA.  You must also submit documentation to establish that you meet all of the above stated requirements.

USCIS has provided a useful list of Frequently Asked Questions (FAQ’s) related to DACA:  Follow this link