Deferred Action for Childhood Arrivals (DACA)

OCTOBER 5, 2022 UPDATE

On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision on the DACA program. Although it ruled that the DACA program is unlawful, the appeals court ordered a lower court to review the DACA program in light of a final rule issued by the Department of Homeland Security in August 2022 to preserve the program. For the time being, this means that nothing has changed for DACA beneficiaries. Following this decision:

  • Current DACA beneficiaries remain protected and may continue renewing their work permits.
  • Permission to travel outside the U.S., known as “advance parole”, remains available to current DACA beneficiaries under certain conditions.
  • U.S. Citizenship & Immigration Services (USCIS) will continue to accept new applications for DACA-eligible individuals, but it cannot process/approve those requests if DACA was not granted prior to July 16, 2021.

The Office of Immigrant Affairs will provide additional information and updates regarding future decisions impacting the DACA program.

If you have additional questions about how this DACA decision impacts you and wish to speak to an attorney or authorized legal service provider, see our recommendations about Protecting Yourself from Fraud and Getting the Right Help in your immigration case. You may also contact the Office of Immigrant Affairs at 1-800-593-8222 for a referral to a nonprofit legal service provider.

This information is not legal advice.

DACA applicants should only seek advice and services only from licensed attorneys and federally accredited representatives. This includes questions about eligibility and form competition assistance. Read “Getting the Right Help” on our Immigration Fraud page for more information. For assistance with a referral to an authorized nonprofit service provider, contact the OIA at 1-800-593-8222.

Deferred Action FAQs

Updated October 2022

  1. What is DACA?
  2. How long will the DACA program remain in place?
  3. Where can I learn about DACA eligibility and the application process?
  4. Where can I find information about educational and employment opportunities for Dreamers?
What is DACA?

The Obama Administration created the DACA program through executive action in 2012. The program allows persons who came to the U.S. before age 16 and meet other eligibility criteria to request “deferred action”, which provides protection from deportation and employment authorization in two-year increments.

DACA and the DREAM Act are not the same. Several bills have been introduced in Congress over the years, including the Dream Act of 2021, that would provide a path to permanent residence and U.S. citizenship to certain persons who came to the U.S. in their youth if enacted. Persons who would benefit from such legislation – including DACA beneficiaries – are often referred to as “Dreamers”. Unlike this legislation, the DACA program does not provide a path to lawful permanent residence.

How long will the DACA program remain in place?

The Biden Administration restored the DACA program and took steps to preserve and fortify the program by issuing a final rule on DACA in August 2022. However, Texas and eight other states continue to pursue litigation to end DACA, arguing that the program is unconstitutional. On October 5, 2022, the Fifth Circuit Court of Appeals determined that the program is unlawful, but it sent the case back to a lower court to review the program in light of the August 2022 final rule on DACA. This decision leaves the status quo in place for current DACA beneficiaries and DACA-eligible individuals who have not yet applied or received DACA (see above).

DACA has withstood prior legal challenges in the courts, including the Trump Administration’s attempt to end the program that was rejected by the Supreme Court in June 2020. However, the program’s future is uncertain due to ongoing litigation.

Where can I learn about DACA eligibility and the application process?

U.S. Citizenship & Immigration Services (USCIS) has a DACA Frequently Asked Questions page with answers to over 80 questions about eligibility criteria and the application process. Nonprofit legal advocates offer important practical tips and perspective that the federal government may not provide. These include Immigrants Rising’s Steps to Apply for DACA for the First Time and Steps to Renew DACA, as well as the Immigrant Legal Resource Center’s DACA page.  Individuals needing filing fee assistance may visit seek assistance from nonprofit organizations funded by the California Department of Social Services. The Mission Asset Fund also offers a DACA loan/grant assistance program.

Because DACA does not provide a path to permanent residence and some DACA beneficiaries are eligible for other immigration relief, it is important to obtain a legal consultation. Several nonprofit organizations in Los Angeles County receive funding to provide free DACA legal services. Before paying for legal services, see our recommendations about Protecting Yourself from Fraud and Getting the Right Help in your immigration case.

Where can I find information about educational and employment opportunities for Dreamers?

Los Angeles City College has compiled scholarship and financial aid information for Dreamers. TheDream.US offers a helpful resource library with a list of links, toolkits, guides, and educational information. Immigrants Rising provides important resources about attending college in California, as well as information about entrepreneurship and making money. BestColleges.com has a resource guide for students.

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