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Areas of Practice » Immigration and Naturalization » Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA)

What is DACA?

On June 15, 2012, the Department of Homeland Security announced the Deferred Action for Childhood Arrival program, which allows people who came to the United States as children to request Deferred Action (DA) and obtain work authorization for a period of two years, if they meet specific eligibility requirements described below and in the many resources listed at the end of this advisory.

People who apply for DACA must prove that they:

● Came to the US under age 16 and were under 31 on June 15, 2012;
● Continuously resided in the US since June 15, 2007;
● Entered without inspection before June 15, 2012 or otherwise had no legal status on June 15, 2012;
● Are in school, graduated from high school, have earned a GED, or have been honorably discharged from the Coast Guard or the US armed forces;
● Have not committed felonies, “significant” or multiple misdemeanors, or pose a “public safety” or “national security” threat.

What benefits does DACA provide?

DACA provides Deferred Action (DA) and work authorization for two years, with possible renewal. It does NOT provide a route to permanent status, and remember that DA is not in the statute; it is based solely on agency discretion.