What is Deferred Action for Childhood Arrivals (DACA)?

Deferred Action for Childhood Arrivals (DACA) is a program introduced by President Obama in 2012 to provide relief for young immigrants who were brought to the United States as children without legal permission. This initiative was designed to protect these individuals from deportation and to grant them the ability to work legally in the U.S. The program’s implementation was aimed at serving those who were brought into the country when they were young, grew up in the U.S., and established their lives but lacked lawful immigration status.

Currently, there are about 538,000 active DACA recipients in the U.S., though this number has not grown since 2017. This is because the program’s eligibility criteria include a requirement that applicants must have arrived in the U.S. prior to 2012. As a result, younger immigrants who arrived after the program’s implementation are not eligible for DACA status.

Since 2017, DACA has faced legal challenges. Although the Supreme Court of the United States ruled in 2020 that DACA could not be immediately terminated, the future of DACA remains uncertain. The program remains active for existing recipients, but currently no new applications are being accepted. A 2023 court ruling permits USCIS to accept initial applications; however, they are not legally permitted to process and grant any. Renewals for current recipients are still allowed. While it seems unlikely that any major changes to DACA will occur soon, the legal future of the program depends on ongoing legal cases and policy decisions.

What Are the Eligibility Requirements for DACA?

DACA does not provide a direct route to U.S. citizenship or permanent residency, but it offers temporary relief from deportation and the right to live, work, and study in the United States. To qualify for DACA, applicants must meet the following criteria:

• You came to the United States before the age of 16;
• You were under the age of 31 on June 15, 2012;
• You have not been convicted of any felony offenses or significant misdemeanors and pose no threat to national security or public safety;
• You have graduated from high school, obtained a GED, currently attending school, or have been honorably discharged from the military;
• You are currently in the United States to apply for deferred action and were in the United States on June 15, 2012;
• You have lived in the United States since June 15, 2007; and
• You did not have lawful status on June 15, 2012.

Because no new applications are currently being accepted by USCIS, the number of individuals benefiting from DACA has remained static, with no new recipients being added to the program.

What Rights Do DACA Recipients Receive?

Once granted DACA status, recipients gain the ability to live and work in the United States. Among the most significant benefits is the ability to work legally, facilitated through the issuance of an Employment Authorization Document (EAD). This work permit enables DACA recipients to find lawful employment, which, in turn, allows them to earn a living, contribute to the economy and build financial stability.

In addition to the EAD, recipients can apply for a Social Security number, which is essential for working legally, paying taxes and accessing a variety of services. Many states also allow DACA recipients to obtain a driver’s license, which is another important benefit that allows individuals to live more independently and participate more fully in society.

Furthermore, DACA recipients are eligible for health insurance through their employers or through the marketplace, although they are not automatically eligible for government-run programs such as Medicaid.

Despite these protections, it is important to note that DACA does not provide a pathway to permanent residency or citizenship. It is a temporary form of relief, with recipients required to renew their status every two years. Renewal applicants must show they have not been convicted of any serious crimes or violated terms of their DACA status in the past two-year period.

Employment Rights and Tax Obligations for DACA Recipients

DACA recipients have the legal right to work in the United States, which allows them to pursue various employment opportunities. The process of obtaining a work permit, or EAD, is straightforward once a person obtains DACA status. After receiving their EAD, DACA recipients are also eligible to obtain a driver’s license and a Social Security number, which further facilitates their ability to live and work legally in the U.S.

However, it is important for DACA recipients to be aware of their tax obligations. Like U.S. citizens, DACA recipients are required to file taxes and report their income. Failure to comply with U.S. tax laws can lead to significant consequences, including the potential loss of DACA status.

The renewal process for DACA is generally simple and can be completed online. However, recipients must be diligent in keeping track of renewal dates, as failure to renew on time can result in the invalidation of the EAD, which means the individual would no longer be authorized to work in the United States. To avoid this, DACA recipients should submit their renewal applications well in advance of their current status expiration.

What Happens If I Miss a DACA Renewal Deadline?

Missing a DACA renewal deadline can have serious consequences. If a recipient’s status expires or if they fail to renew on time, their Employment Authorization Document (EAD) will no longer be valid. This means that they will no longer be legally permitted to work in the U.S. This underscores the importance of keeping track of the renewal dates and applying for renewal early. USCIS recommends submitting the renewal application 120 to 150 days before the current DACA status expires.

Failing to meet the renewal deadline can also result in the revocation of DACA status, which would require the individual to start the application process again if they wish to reapply, though at the time, no new applications are getting granted. For this reason, it is crucial for DACA recipients to stay on top of renewal deadlines to avoid interruptions in their legal work status and to ensure continued protection from deportation.

Can DACA Recipients Leave the United States?

DACA recipients are generally not allowed to leave the U.S. without first obtaining “advanced parole,” a form of permission granted by the USCIS. Advanced parole is typically granted for specific reasons, such as for humanitarian purposes (e.g., attending a family member’s funeral), educational purposes (e.g., studying abroad), or employment-related purposes (e.g., attending a conference or meeting with clients).

If a DACA recipient leaves the U.S. without obtaining advanced parole, they risk being barred from re-entering the country. For this reason, it is critical for DACA recipients to apply for advanced parole if they need to travel and to ensure that the reason for their travel is in line with USCIS guidelines.

Can Legal Issues Lead to Deportation?

Criminal convictions can have significant consequences for DACA recipients. A felony conviction or the conviction of certain serious misdemeanors (including three or more misdemeanors) can lead to the loss of DACA status and even deportation. Even minor offenses, such as a DUI, can have serious implications for a DACA recipient’s status. DACA recipients facing any criminal charges should consult with an immigration attorney before making any decisions. A guilty plea, even if it seems like it may end the issue faster, can have serious status implications. A criminal conviction, especially if it is not managed properly, can jeopardize DACA status and lead to the possibility of removal from the U.S.

Can DACA Recipients Become Permanent U.S. Residents?

DACA itself does not provide a direct path to permanent residency or citizenship. While the program allows recipients to remain in the U.S. temporarily, it does not grant them the opportunity to become lawful permanent residents (green card holders). DACA recipients may be able to pursue permanent residency through other immigration avenues, but this process is often lengthy, complex, and expensive.

Key Advice for DACA Recipients

DACA recipients must remain vigilant about their status, ensuring that they renew their DACA and employment authorization on time. They should avoid any criminal activity, as even minor legal troubles can result in profound consequences, including the loss of their DACA status and deportation. Additionally, DACA recipients should be aware that while DACA provides temporary relief, it is not a pathway to permanent residency, and they should be prepared for the possibility of having to explore other legal avenues for long-term status in the U.S.

Conclusion: Call Cornerstone Law Firm for a consultation

If you are a DACA recipient in need of assistance with your status, renewal or legal matters in southeastern Pennsylvania, Cornerstone Law Firm can provide guidance. Our immigration attorneys are here to help with navigating the renewal process, defending criminal charges and ensuring compliance with all relevant legal requirements. Contact us for more information.