USCRI: U.S. Committee for Refugees and Immigrants

Deferred Action for Childhood Arrivals (DACA)

Effective June 15, 2012, the Obama Administration announced a new discretionary immigration policy to grant "deferred action" status to certain young people who were brought to this country as children. Subject to prosecutorial discretion, an eligible individual may no longer be removed from the country or entered into removal proceedings provided that the individual:

  1. Was under 31 as of June 15, 2012;

  2. Came to the U.S. before reaching her 16th birthday;

  3. Resided continuously in the U.S. since June 15, 2007, to the present time;

  4. Was physically present in the U.S. on June 15, 2012, and at the time of requesting deferred action from USCIS;

  5. Entered without inspection before June 15, 2012, or her lawful immigration status had expired as of June 15, 2012;

  6. As of the date of the application, 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 honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and

  7. Has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

 

Recent Related News

Deferred Action for Childhood Arrivals at the One-Year Mark, Migration Policy Institute, August 2013

Dreamers Remain Skeptical of 'KIDS Act', New York Daily News, July 25, 2013

DREAMers Hold "Citizenship Ceremony" Outside Congress, NBC News, July 10, 2013

 

DACA Basics

USCIS Deferred Action FAQs, January 18, 2013

USCIS Informational Brochure (SPANISH) (CHINESE), August 3, 2012

USCIS DACA Flowchart

Understanding Criminal Bars to Qualifying for DACA

Got DACA, Now What?

 

Application Process / Representation Information

USCIS Consideration of Deferred Action for Childhood Arrivals Process. Updated information on eligibility, fraud prevention and other issues.

I-821 D, Consideration of Deferred Action for Childhood Arrivals and Direct Filing Addresses for I-821 D

I-765, Application for Employment Authorization and Form I-765 Worksheet

Fee Exemption Guidance

Public Counsel Law Center's Deferred Action Evidence Checklist (SPANISH version)

AILA Guide on Preparing to Defend Deferred Action Clients, July 10, 2012

ILRC Practice Advisory for Criminal Defenders

American Immigration Council, Practice Advisory, August 13, 2012

  

Policy Background

GOP Rejects Dream Act-Like Deportation Deferrals, L.A. Times, June 6, 2013

Transcript of President Obama's Remarks, June 15, 2012

Secretary Napolitano Memo, June 15, 2012

Immigration and Customs Enforcement Memo, June 15, 2012


This information is not intended as legal advice. It is advisable to consult an immigration attorney to determine whether you are eligible for any benefit under immigration law or policy.

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