Immigration and DACA: DACA
DACA Founding
In a June 15, 2012 memorandum, then Secretary of Homeland Security, Janet Napolitano announced the Deferred Action for Childhood Arrivals (DACA) initiative. Although DACA does not provide legal status for those individuals who came to the United States as children who meet the legal guidelines of DACA, it defers removal from the United States for a period of two years subject to renewal. This initiative was not established by executive order.
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB).
On Jan. 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision regarding the DACA Final Rule. Pursuant to the court’s order, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23. USCIS will continue to accept initial requests but will not process initial DACA requests at this time. Current grants of DACA and related Employment Authorization Documents remain valid until they expire, unless individually terminated.
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. They will also continue to accept initial DACA requests, but in accordance with the District Court’s order, they will not process initial DACA requests.
Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
Please see the DACA Information Page for important updates and information related to court rulings on the DACA policy.
As of February 25, 2025, President Trump has not directed any action in connection with the DACA program. The uncertainty and status quo surrounding the fate of the DACA program continues.
Process and Guides
- Consideration of Deferred Action for Childhood Arrivals (DACA)The official U.S. Citizenship and Immigration Services page from the Department of Homeland Security with guidelines, filing, and travel information. It also includes related links with a Spanish language version and guidance for employers.
- Consideration of Deferred Action Childhood Arrivals (DACA) Frequently Asked QuestionsUpdated January 24, 2025
- Filing Tips for Deferred Action for Childhood ArrivalsFiling your initial or renewal request for DACA involves several steps. You need to submit multiple forms, evidence, and fees. If you make even small mistakes preparing your request, we might reject it. This page contains tips on completing Form I-821D and avoiding common errors. Last updated September 18, 2023
- Deferred action for childhood arrivals (DACA) toolkitOnline toolkit from the U.S. Citizenship and Immigration Services. Issued 2016
- Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions.Sept. 6, 2017 Congressional Research Service brief report by Andorra Bruno, Specialist in Immigration Policy, which explains how DACA works.
Legal Issues
- DACA Litigation Information and Frequently Asked QuestionsSeptember 13, 2023
- DHS Memo: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United Sates as Children (PDF)June 15, 2012 memorandum detailing the criteria used for qualifying under DACA at its inception. Check new executive orders for the most up-to-date information.
- Understanding the Legal Challenges to Executive ActionFact sheet from the pro-immigration, non-profit, and non-partisan American Immigration Council explaining the legal claims, the court decisions, and the process for DACA and DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents).
Published June 28, 2016 - DACA - National Immigration Law CenterProvides questions and answers about DACA now that Trump is President and guidance about getting and renewing DACA. Also provides information about practical concerns like getting a driver's license, health care, working, and paying taxes.
Health Insurance
DACA recipients are no long excluded from eligibility to enroll in a Qualified Health Plan (QHP) through the Affordable Care Act (ACA) Health Insurance Marketplace, or for coverage through a Basic Health Program (BHP).
Resources for Educators
- Educational Resources for Immigrants, Refugees, Asylees and other New AmericansScroll to the middle of the page for DACA specific resources.
U.S. Department of Education's page dedicated to providing information and resources for immigrant, refugee, asylee students and families. Last updated January 15, 2025.
Includes a U.S. Department of Education fact sheet and resource guide published in 2015 to "help schools, colleges, teachers, and other personnel support the college and career success of undocumented and DACA youth in secondary and postsecondary settings." - Tools and Resources to Help Open the Door of Opportunity for Undocumented YouthToolkit from the American Federation of Teachers and allies to answer educators frequently asked question about DACA students.