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DACA in 2024
Deferred Action for Childhood Arrivals

DACA The Deferred Action for Childhood Arrivals (DACA) program was initiated by former President Obama on June 15, 2012. The program protects certain undocumented persons who were brought to the United States as children from deportation. Additionally, persons who qualify for DACA can get work permits (Employment Authorization Documents) and, in some cases, international travel permits (Advance Parole).

On September 13, 2023, a Federal Judge in Texas ruled that DACA was unlawful. He stated that President Obama exceeded his authority when he created DACA, by executive action. The ruling does not eliminate the program. The government has appealed the Judge’s decision to the U.S. Court of Appeals for the 5th Circuit.

In order to qualify, applicants must meet the following requirements:

  • Be under 31 years of age on June 15, 2012;
  • Have first come to the US prior to their 16th birthdays;
  • Have lived in the US since June 15, 2007;
  • Be physically present in the US on June 15, 2012 and on the date of the application;
  • Not be in lawful immigration status on June 15, 2012;
  • Be currently studying or have graduated from high school, earned a GED or have an honorable discharge from the US Armed Forces or the Coast Guard; and
  • Have not be convicted of a felony or DUI, or convicted of a “significant misdemeanor” or 3 or more misdemeanors of any kind.
 

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On President Biden’s first day in office, he reinstated the DACA program by issuing an Executive Order entitled Preserving and Fortifying Deferred Action for Childhood Arrivals.

The Executive Order provides that “In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation’s immigration laws against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military.”

“DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.”

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