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What Is DACA? Deferred Action for Childhood Arrivals Explained

Key Takeaways

  • DACA (Deferred Action for Childhood Arrivals) is a 2012 U.S. policy that protects eligible immigrants brought to the country as children from deportation and lets them work.
  • It is a renewable two-year protection – not lawful status, and not a path to citizenship.
  • As of mid-2026, current recipients can still renew, but USCIS is not processing new (initial) requests because of ongoing litigation.
  • About 835,000 people currently hold DACA – they are often called ‘Dreamers.’
  • Renew early: USCIS recommends filing 120-150 days before your DACA and work permit expire.
  • Because the program shifts with court rulings, confirm current status with USCIS or a licensed immigration attorney.

What Is DACA?

DACA stands for Deferred Action for Childhood Arrivals. Created in 2012 under the Obama administration, the DACA program lets certain undocumented immigrants who were brought to the United States as children request ‘deferred action’ – a temporary, renewable promise that the government will not pursue their deportation – along with authorization to work. It has transformed the lives of hundreds of thousands of young people, often called ‘Dreamers.’

It is important to understand what DACA is not. DACA does not grant lawful immigration status, a green card, or a path to U.S. citizenship. It is a two-year protection, subject to renewal, that can be ended by the courts or a future administration. Within the broader world of DACA immigration policy, it is best understood as temporary relief, not a permanent solution.

Is DACA Still in Effect?

Yes — for current recipients — though the program remains under a legal cloud. DACA has been challenged for years in a Texas-led lawsuit. In its most recent ruling, on January 17, 2025, the Fifth Circuit Court of Appeals (in Texas v. United States) again held that the 2022 DACA Final Rule is unlawful — but it narrowed the remedy in two important ways: it limited the injunction to the State of Texas (lifting the nationwide block elsewhere) and treated DACA’s work-authorization component as severable from its protection-from-deportation component. The court then sent the case back to the district court for further proceedings. As of mid-2026, the practical situation is:

  • USCIS continues to accept and process DACA renewal requests nationwide, and current grants of DACA and work permits (EADs) remain valid until they expire.
  • USCIS accepts but does NOT approve initial (first-time) requests — new applications remain frozen.

In short: if you already have DACA, you can still renew; if you have never had it, you generally cannot get it approved right now. Because the case is still moving through the courts and the rules can change, check the USCIS DACA page or talk to a San Diego immigration attorney for the most current information.

What Is a DACA Recipient?

A DACA recipient is someone USCIS has granted deferred action under the program. About 506,000 people currently hold DACA. Recipients – the ‘Dreamers’ – can live and work in the U.S. without fear of deportation while their grant is valid. Having DACA status generally allows a person to:

  • Be protected from deportation for the two-year period of their grant.
  • Apply for a work permit (Employment Authorization Document).
  • Obtain a Social Security number.
  • Qualify for a driver’s license in most states, and build a credit history.

DACA status is not the same as legal immigration status. It is a temporary protection that must be renewed and can be revoked.

Who Qualifies for DACA?

To meet the DACA guidelines, a person generally must:

  • Have been under 31 as of June 15, 2012 (born on or after June 16, 1981).
  • Have come to the United States before their 16th birthday.
  • Have continuously resided in the U.S. since June 15, 2007.
  • Have been physically present in the U.S. on June 15, 2012, and when filing.
  • Have had no lawful immigration status on June 15, 2012.
  • Be in school, have a high school diploma or GED, or be an honorably discharged veteran.
  • Have no felony, significant misdemeanor, or three or more other misdemeanors, and pose no threat to public safety.

Keep the current freeze in mind: because USCIS is not processing initial requests, meeting these criteria does not mean a first-time applicant can obtain DACA right now. In practice, only people who already have (or previously had) DACA can move forward through renewal.

DACA Renewal: How and When to Renew

DACA is granted in two-year increments, so renewal is a recurring part of life for recipients. USCIS recommends filing your DACA renewal 120 to 150 days (about four to five months) before your current DACA and work permit expire. Filing in that window reduces the risk that your protection and work authorization lapse before USCIS decides – and filing earlier than 150 days will not speed up the decision.

A renewal requires Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and the I-765 worksheet. As of the 2024 fee schedule, the filing fee is roughly $555 for online filings and $605 for paper filings, though fees change and generally cannot be waived – confirm the current amount on USCIS. Using an outdated form version will get your request rejected, so always download the latest forms from USCIS.

DACA and Travel

Travel outside the U.S. is risky for DACA recipients. To travel and return lawfully, a recipient must apply for and receive ‘advance parole’ from USCIS before leaving; traveling without it can jeopardize your DACA and your ability to re-enter the country. Never travel while an application is pending, and speak with an attorney before making any international travel plans.

What DACA Does Not Provide

DACA is often confused with a green card or a route to citizenship. It is neither. DACA does not confer lawful status, does not lead directly to permanent residence or naturalization, and can be ended by the courts or policy changes. The DREAM Act – proposed legislation that would create a permanent pathway for ‘Dreamers’ – has never passed Congress, which is why DACA remains a temporary, court-dependent program. Some recipients may separately qualify for other immigration options, such as through a family member or employer, which is worth exploring with an attorney.

How an Immigration Attorney Can Help

DACA’s shifting legal landscape makes professional guidance valuable. A licensed immigration attorney can confirm the current status of the program, prepare and file your renewal correctly and on time, watch your deadlines, and assess whether you may qualify for other, more permanent immigration relief. Our San Diego immigration attorneys at Banker’s Hill Law Firm can help you understand your options – including family-based immigration and permanent residence. A word of caution: only work with licensed attorneys or accredited representatives, and rely on official sources like USCIS – immigration scams are common, and dishonest ‘notarios’ can put your case at risk.

Call (619) 230-0330 or request a free consultation to talk through your situation.

Frequently Asked Questions

DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy created in 2012 that lets certain immigrants who were brought to the country as children request protection from deportation and work authorization for a renewable two-year period. It is not lawful status and does not lead to citizenship.
As of mid-2026, yes — for current recipients. Because of ongoing litigation led by Texas, USCIS continues to accept and process DACA renewals, and existing grants and work permits remain valid until they expire. However, USCIS is not processing new (initial) requests. Always confirm the latest status on USCIS.
A DACA recipient is someone USCIS has granted deferred action under the program — often called a “Dreamer.” About 835,000 people currently hold DACA. Recipients can live and work in the U.S. and are protected from deportation while their grant is valid.
“DACA status” is shorthand for holding deferred action under the program. It provides protection from removal and eligibility for a work permit, a Social Security number, and (in many states) a driver’s license — but it is not lawful immigration status.
DACA is granted in two-year increments and must be renewed. USCIS recommends filing your renewal 120 to 150 days (about four to five months) before your current DACA and work permit expire to avoid a gap.
No. DACA does not grant lawful status and is not a path to a green card or citizenship by itself. Some recipients may qualify for other immigration options — such as through family or employment — which a licensed immigration attorney can evaluate.

This article is for general informational purposes only and is not legal advice. DACA policy changes frequently with court rulings; the information here is current as of June 2026 – confirm the latest on USCIS or with a licensed immigration attorney. Reading this does not create an attorney-client relationship.

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