{"id":352777,"date":"2022-08-19T07:42:47","date_gmt":"2022-08-19T12:42:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/deportation-removal\/what-is-deferred-action-for-childhood-arrivals.html"},"modified":"2026-05-04T15:54:00","modified_gmt":"2026-05-04T20:54:00","slug":"what-is-deferred-action-for-childhood-arrivals","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/what-is-deferred-action-for-childhood-arrivals.html","title":{"rendered":"What Is Deferred Action for Childhood Arrivals?"},"content":{"rendered":"\n
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What Is DACA: Deferred Action for Childhood Arrivals?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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DACA allows certain immigrants who came to the United States as children to receive temporary protection from deportation and permission to work. But it does not provide lawful status or a path to citizenship. Only current recipients can renew their protections, as federal court orders prevent the government from approving new applications.<\/div>\n\n <\/div>\n\n\n\n

If you\u2019re a \u201cDreamer\u201d who grew up in the U.S. or a parent trying to understand what protections might be available for your child, DACA was created to offer limited relief to people in your situation. The program doesn\u2019t provide legal status, but it can give eligible individuals temporary protection from deportation and the ability to work lawfully.\u00a0<\/p>\n

This article outlines Deferred Action for Childhood Arrivals (DACA) and the legal challenges its recipients face. Learn how DACA works today and how to use this article as a resource as you navigate your options.<\/p>\n

DACA\u2019s future remains tied to ongoing litigation. If you have questions about your eligibility or renewal, contact an immigration attorney<\/a> near you for up-to-date legal guidance.<\/p>\n

What Is Deferred Action for Childhood Arrivals?<\/h2>\n

“Deferred action” is prosecutorial discretion exercised by the Department of Homeland Security<\/a> (DHS). With this, they could postpone the deportation or removal proceedings against a person for a certain period.\u00a0<\/p>\n

The Secretary of Homeland Security announced on June 15, 2012, that people who arrived in the United States as minors and have met specific guidelines may ask for consideration for Deferred Action for Childhood Arrivals<\/a> (DACA). The consideration is effective for two years and is subject to renewal. DACA recipients may also ask for employment authorization during their period of stay.<\/p>\n

DACA is commonly associated with the\u00a0DREAM Act<\/a>, a legislation that protects DACA recipients from deportation. They also get conditional permanent resident status, valid for up to eight years. This conditional legal status will allow them to get work permits in the U.S. and travel in and out of the country.<\/p>\n

Legal Challenges to DACA Recipients<\/h2>\n

In light of an\u00a0injunction<\/a>\u00a0issued by U.S. District Judge William Alsup on Jan. 9, 2018, and bolstered by succeeding federal court orders, the future of the Donald Trump administration’s\u00a0ending of the DACA program<\/a>\u00a0is uncertain. But much has happened since 2018.<\/p>\n

On Sept. 13, 2023, the Southern District of Texas U.S. District Court found the\u00a0DACA Final Rule unlawful<\/a>. But the ruling does not force the U.S. government to act against current recipients, as it remains valid until it expires. The USCIS will continue to process renewal requests of DACA recipients. It will continue recognizing related employment authorization and advance parole as valid under the final order.<\/p>\n

However, it bars the Department of Homeland Security (DHS) from approving new DACA applications.<\/p>\n

DACA Eligibility Requirements<\/h2>\n

Immigrants who entered the U.S. as children without proper documentation are eligible for deferred action if they meet the following requirements:<\/p>\n