Deferred Action for Childhood Arrivals (DACA) definition
DACA, introduced in 2012, offers temporary deportation relief and renewable work permits to eligible immigrants brought to the U.S. as children.
Deferred Action for Childhood Arrivals (DACA) is a US immigration policy, announced in 2012, that allows certain undocumented immigrants who came to the country as children to receive temporary protection from deportation and eligibility for a renewable work permit. DACA does not provide lawful immigration status or a path to citizenship.
Is a DACA recipient considered a US citizen?
No. DACA recipients are not US citizens or lawful permanent residents. They have temporary, renewable protection from deportation for two years and can apply for permission to work, but they do not have the same rights and benefits as citizens.
DACA recipients are foreign nationals without permanent resident status (green card), but are considered lawfully present while their temporary protection status is in place. DACA recipients cannot vote, receive federal financial aid for college, or access many federal benefits that are available to citizens and legal permanent residents.
Who qualifies for DACA?
Applicants must:
- Have been born on or after June 16, 1981
- Have come to the United States before the age of 16
- Have continuously resided in the US since June 15, 2007, up to the time of filing for DACA
- Have been physically present in the US on June 15, 2012, and at the time of filing
- Had no lawful immigration status on June 15, 2012, and at the time of filing
- Be currently enrolled in school, have graduated from high school, or have obtained a General Education Development (GED) certificate, or be an honorably discharged veteran of the US Coast Guard or US armed forces
- Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and not otherwise pose a threat to public safety.
Is DACA considered unlawful?
DACA’s current legal status is uncertain. Several federal court rulings have found that DACA was created without proper legal authority from Congress. Courts have ruled that the executive branch exceeded its authority in creating the policy, but protections for existing DACA recipients have been allowed to continue.
On January 17, 2025, the US Court of Appeals for the Fifth Circuit issued a ruling on the DACA Final Rule. Following the court’s order, the United States Citizenship and Immigration Services (USCIS) will:
- continue accepting and processing DACA renewal requests and related work permit (employment authorization) applications.
- continue accepting new (initial) DACA requests, but will not process them at this time.
- keep all current DACA approvals and work permits valid until their expiration dates, unless they are individually terminated.
Who qualifies as a “Dreamer”?
“Dreamer” is an informal term for young undocumented immigrants who were brought to the US as children and who might qualify for protections under DACA or similar proposed legislation like the Development, Relief, and Education for Alien Minors (DREAM) Act. Not all Dreamers are DACA recipients, but most DACA recipients are considered Dreamers.
