A federal judge in Texas held that DACA is illegal. Immigrants currently protected by DACA may retain and renew their status while the case proceeds through the appeals process. But new DACA applicants will not be accepted.
The information below was written before this ruling in Texas v. U.S.
Deferred Action for Childhood Arrivals (DACA) allows some aliens who came to the United States as children to avoid deportation and receive temporary immigration status.
On September 5, 2017, The Trump administration announced it was terminating DACA. However, on January 9, 2018, a federal judge in California issued a nationwide injunction ordering the administration to resume the program. As a result, the United States Citizenship and Immigration Services has stated that for the time being “DACA will be operated on the same terms in place before it was rescinded.” And on December 4, 2020, a federal judge in New York ordered the government to reinstate DACA fully.
People who previously had been granted deferred action can request a renewal if the deferred action expired on or before September 5, 2016. People who had been granted DACA, but whose deferred action expired before September 5, 2016 can file a new request.
Aliens can check for the most recent updates on the “Consideration of Deferred Action for Childhood Arrivals (DACA)” page on the United States Citizenship and Immigration Services (USCIS) website.
What Can I Do if I Am a DACA Recipient?
Our office offers free consultations to help “Dreamers” consider their legal options and avoid deportation.
To help you better understand the benefits of deferred action and the process for obtaining DACA relief, our California immigration lawyers discuss the following, below:
- 1. Who is eligible under “DACA”?
- 2. How to apply for DACA in California
- 3. How much does DACA cost?
- 4. How long does it take to get deferred action?
- 5. Can I work once my application is approved?
To qualify for DACA relief, aliens must meet certain conditions set forth by the Department of Homeland Security (DHS).
Eligible aliens can apply for relief regardless of whether they are or have ever been in deportation or removal proceedings or they are subject to a final order of removal.
The conditions for DACA eligibility are:
- The alien was under 31 years old as of June 15, 2012;
- The alien came to the U.S. before his/her 16th birthday;
- The alien has continuously resided in the U.S. since June 15, 2007, up to the present;
- The alien was present in the U.S. on June 15, 2012, and at the time of making the request to be considered for deferred action with U.S. Citizenship and Immigration Services (USCIS);
- The alien entered without inspection before June 15, 2012, or his/her lawful immigration status expired as of that date;
- The alien is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.; and
- The alien does not pose a threat to national security or public safety and has not been convicted of:
- A felony,
- A significant misdemeanor, or
- Three or more other misdemeanors.
For purposes of DACA, certain criminal offenses always count as a “significant misdemeanor” regardless of the sentence imposed. They are:
- Domestic violence,
- Sexual abuse or exploitation,
- Unlawful possession of firearms,
- Driving under the influence, and
- Drug distribution/trafficking.
Other misdemeanors are considered “significant” under DACA only if the applicant is sentenced to more than 90 days in custody. The applicant must actually have been sentenced to custody. A suspended sentence does not count.
Certain travel abroad may negatively impact DACA’s “continuous presence” requirement.
Traveling outside the U.S. before August 15, 2012 has no impact if the travel was brief, casual, and innocent.
If, however, an otherwise eligible alien traveled outside the U.S. after August 15, 2012 and before the request for deferred action was adjudicated, the alien will lose DACA eligibility.
DACA applicants must submit three forms to USCIS along with supporting documentation and the filing fee of $495 no later than September 5, 2017:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
- Form I-765, Application for Employment Authorization (regardless of whether you intend to work in the U.S.); and
- Form I-765 worksheet.
Current DACA recipients who are eligible to renew their status must do so no later than October 5, 2017.
The cost to file for DACA, including employment authorization and biometric services, is $495. This fee cannot be waived.
It takes approximately 90 days to receive a positive response once a Form I-892d has been properly filed.
USCIS will initially confirm receipt of the application by sending a Form I-797C, Notice of Action. A DACA applicant should receive this notice approximately 2-3 weeks after filing.
If the Form I-821D is incomplete or the alien does not qualify, USCIS may send a rejection of the petition a request for additional information or evidence.
Yes. Once USCIS has granted deferred action and issued an employment authorization document (EAD), the applicant may legally work in the U.S.
Need help entering or staying in the U.S.? Call us…
If you or someone you know needs assistance entering or staying in the U.S., we invite you to contact us for a free consultation.
Our caring California immigration attorneys have helped numerous aliens achieve their dream of U.S. citizenship, lawful permanent residence (green card) or immigrant or non-immigrant status.
To schedule your free consultation, call us or complete the form on this page.
Don’t lose hope — there are many ways to remain in the U.S. lawfully. DACA is just one.
- See USCIS “Frequently Asked Questions” about deferred action for childhood arrivals; Trump’s Bid to End DACA Blocked by Supreme Court, Wall Street Journal (June 22, 2020); Caitlin Dickerson and , Judge Orders Government to Fully Reinstate DACA Program, New York Times (December 4, 2020); Priscilla Alvarez, Tierney Sneed and Rachel Janfaza, Federal judge blocks new DACA applications and says program is illegal, CNN (July, 2021).