FAQs on DACA

The Deferred Action for Childhood Arrivals (DACA) is a program implemented by Executive Order that provides protection from deportation to qualifying undocumented immigrants.  To qualify, an individual must have come to the United States before the age of 16 and continuously resided in the United States since June 15, 2007.  The individual must be in school or have graduated high school, obtained a GED certificate, or been honorably discharged from the U.S. Coast Guard or Armed Forces.  Individuals who have a criminal record that includes a felony, significant misdemeanor, or three or more misdemeanors do not qualify. 

On September 5, 2017, the Department of Justice announced that the Trump administration is ending the DACA program.  The end of the program has been described as a “phasing out” of the program.  This means is that those individuals who have been granted DACA will continue to possess DACA benefits (protection from deportation and work authorization) until the current expiration of their DACA authorization.  Those individuals whose work authorization (employment authorization card) expires before March 5, 2018, may renew their work authorization, provided their renewal application is filed by October 5, 2017.  No new applications for DACA will be accepted.  All pending applications for travel authorization filed by DACA grantees will be returned and filing fees refunded.

After a DACA grantee’s authorization has expired, the individual will no longer possess protection from deportation and may be placed in removal proceedings (immigration court).  DACA grantees may be eligible for other types of immigration relief.  It is also possible that Congress could pass a law to offer immigration relief to DACA grantees, but at the time this FAQ was posted, there is no law that would protect DACA grantees once their DACA authorization expires.

DACA grantees should first take a look at their employment authorization cards to determine if they may be eligible for a renewal of their work authorization, as described above.  DACA grantees are encouraged to consider their options once their DACA authorization expires and consult with experienced immigration counsel to explore available options for immigration relief.