DACA stands for “Deferred Action for Childhood Arrivals” and allows people who came to the country as children to avoid deportation and receive temporary immigration status.

On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano issued a memorandum titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” Through it, those individuals who came to the United States as children and who meet certain criteria could request consideration of deferred action for a period of two years and subject to renewal.

This program was known as Deferred Action for Childhood Arrivals or DACA. However, on September 5, 2017, the Trump administration announced its suspension. Later, a federal judge in the state of California issued a nationwide injunction on January 9, 2019, to resume the DACA program, but only for renewals.

A significant misdemeanor for DACA purposes may be: robbery; domestic violence; sexual abuse or exploitation; unlawful possession of firearms; driving under the influence; drug distribution or trafficking. Additionally, it also applies if the person requesting DACA spent more than 90 days in custody as a result of a conviction. Suspended sentences are not taken into account. It is important to note that for DACA consideration, the United States Citizenship and Immigration Services (USCIS) maintains the ultimate discretion on a case-by-case basis.

To find out if you meet the requirements for DACA, please consult the information published by USCIS on the documents you must submit to prove your eligibility.

It is important to note that DACA is a temporary program that does not offer a permanent solution to the immigration status of the so-called “DREAMERS.” In addition, it is subject to changes by possible political and legal changes.

DACA renewal will be considered on a case-by-case basis. You will receive deferred action for another two years if the renewal is approved. In addition, if you demonstrate an economic need for employment, you may obtain employment authorization for that same period. USCIS recommends that you begin your DACA renewal application process between 150 and 120 days before the expiration date, as you can see on your current DACA approval notice and Employment Authorization Document (EAD) Form I-797.

In 2024, only those who can renew DACA are:

• Those who have already been granted DACA before.
• Their DACA expired on or after September 5, 2016.
• They meet the eligibility requirements for DACA at the time of renewal.

You can find more information on how to renew your DACA on the USCIS website.

Following a decision by the United States District Court for the Southern District of Texas (September 2023), USCIS (U.S. Citizenship and Immigration Services) was authorized to continue accepting and processing DACA renewal requests, as well as the accompanying employment authorization applications.

They are also authorized to receive DACA applications for the first time, but there is one limitation: according to the order of the District Court, they cannot be processed. This means that the U.S. Department of Homeland Security (DHS) is prohibited from granting new DACA requests and related employment authorizations.

For more information on this topic, you can visit the USCIS website for DACA, as well as this link, which will allow you to keep up to date with the latest litigation regarding DACA.

Steps to Apply for DACA in California

If you wish to apply for DACA in California, you must submit three different forms and supporting documentation to USCIS. You will also need to pay a $495 fee that cannot be waived.

The forms you will need are:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals;

Form I-765, Application for Employment Authorization (regardless of whether you intend to work in the U.S. or not);

Form I-765.

This process will take approximately 90 days for you to receive a positive response once Form I-892d has been successfully filed. USCIS will confirm receipt of the application by sending a Form I-797C, Notice of Action and the DACA applicant should receive this notice approximately two to three weeks after filing.

If Form I-821D is incomplete or the alien does not qualify, USCIS may send a denial of the petition or a request for additional information or evidence.

For more detailed information, visit the U.S. Citizenship and Immigration Services website or the Consideration of Deferred Action for Childhood Arrivals (DACA) section.

A DACA immigration attorney in California can help you understand both eligibility and renewal requirements and advise you on your legal rights and options in the event that DACA is rescinded.

With their experience, they can help you complete the paperwork correctly as well as avoid errors that can delay or deny your application.

DACA attorneys in California can also represent you at an interview with USCIS if you are having problems with your application or if your DACA is at risk of being rescinded.

At Kanna Law, we are your allies in DACA and immigration benefits.

If you are a DACA beneficiary and need help with your immigration status, have questions about your renewal, or fear losing the benefit for any reason, contact us today.

Our group of immigration law experts at Kannan Law will be your best allies and will help you efficiently navigate the complexities of immigration laws and will be able to inform you about new policies and regulations that could affect your immigration status.

DACA, or Deferred Action for Childhood Arrivals, is an immigration program established in 2012 by the United States government that offers temporary protection from deportation and renewable work permits to certain individuals who came to the US as children and meet certain requirements. Those eligible, known as “Dreamers,” must have arrived in the US before they turned 16 and have resided continuously in the country since June 2007.

The process to apply for DACA involves completing and submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with evidence supporting the applicant’s eligibility. This includes documents showing continuous presence in the US since June 2007, arrival in the country before age 16, uninterrupted residence since 2007, educational or military eligibility, and the absence of certain criminal records.

DACA protection is temporary and granted in two-year periods. Recipients can renew their DACA by filing a renewal application, Form I-821D, along with Form I-765, Application for Employment Authorization, and paying the appropriate fees. It is important to file the renewal application approximately 120 days before the current protection expires.

DACA offers several benefits to its beneficiaries, including protection from deportation during the period of deferred action, eligibility to obtain a renewable work permit for two years, the ability to obtain a driver’s license in some states, and the opportunity to apply for certain educational benefits.

DACA recipients have the right to work legally in the U.S. during the validity period of their work permit. However, DACA does not provide permanent legal status or a direct path to citizenship. In addition, DACA recipients must fulfill certain responsibilities, such as reporting address changes to the US Citizenship and Immigration Services (USCIS), avoiding criminal activity, and renewing their DACA on time to maintain their protected status.