What is DACA(Deferred Action for Childhood Arrivals)?

Deferred Action for Childhood Arrivals, more commonly known as DACA, is a program that offers protections to those undocumented immigrants who entered the country illegally as children. The program was established under the Obama administration on June 15, 2012, and has since then faced many legal challenges. Obama issued the DACA program through an executive order as a temporary measure. It was brought by the Secretary of Homeland Security of the Obama administration, Janet Napolitano.

The status of this program continues to be in flux, and DACA changes occur often. The young people eligible for DACA follow the developments closely, as they directly affect their rights in the United States. As the name suggests DACA is a deferred action to remove an undocumented individual who entered the country illegally. As per the USCIS, during the time period an individual has been protected under DACA, they will not be considered as being unlawfully present in the U.S. While DACA does not accord lawful immigration status, it offers protection from deportation and each approval of the DACA is valid for two years and can be renewed.

What are the Protections Offered by DACA?

In its current form, the DACA program does not grant official legal status or a pathway to citizenship to the approximately 800,000 people who have been accepted into the program. What the program does offer though, is the opportunity for these people to acquire a Social Security number, a work permit, and a driver’s license. The program offers a temporary solution for undocumented immigrants who arrived as children to reside and work in the U.S. The protection granted by DACA is not permanent and is required to be renewed every two years.  

Ever since the enactment of the DACA program, it has faced constant legal and political challenges. However, the program has stood the test of time for more than twelve years and provided temporary and renewed protection from deportation to many undocumented immigrants.

Over the years, undocumented immigrants have contributed to the U.S. economy by not only working and spending but also by paying state, federal, and local taxes. It is estimated that DACA recipients generate an annual wage of $27.9 billion and contribute $2.1 billion to Social Security and Medicare. There have also been multiple surveys underscoring their importance to the US economy and society. 

The rights and  protections afforded to DACA recipients with unexpired status include:

• Right to reside in the United States
• Right to work and carry on business.
• Right to renew DACA every two years, provided that the applicant is still eligible. 
• Right to obtain a Social Security Number and other state-issued documents and identifications.
• Right not to tell the employer whether or not the recipient has been provided DACA. 
• Protection against discrimination based on immigration status.

In order to make full use of these benefits and rights, DACA applicants must not let their DACA status lapse and should renew it timely by filing the application properly. An applicant must file the right documents and file materially correct information. While failure to adhere to the strict guidelines may lead to rejection of the application of DACA, it can also result in the commission of a felony under 18 U.S.C. Section 1001, which may attract a fine or imprisonment up to five years in prison, if an applicant knowingly and wilfully provides false and misleading information.

Additionally, the decision passed by the USCIS cannot be appealed, reopened, or challenged as it is based on the discretionary power of the administration. Hence, it is advised to take proper legal guidance before applying and it will be prudent for you to consult an immigration attorney.

There is a push to provide more protections for the young immigrants covered in this program, including a clear path to becoming United States citizens. However, the future of the program remains unclear due to changing government policies. 

Eligibility for DACA

There are several requirements that must be met in order to be eligible to apply for DACA. Applicant must:

• Have entered the United States illegally before they turned 16 years of age
• Have lived continuously in the U.S. since June 15th, 2007
• Have been under the age of 31 on June 15th, 2012
• Have been physically present in the U.S. on June 15th, 2012, and at the time of applying with the United States Citizenship and Immigration Services (USCIS)
• Have had no legal status on June 15th, 2012
• Have been physically present in the U.S. on June 15th, 2012, and at the time of filing the application for DACA with USCIS.
• Have completed high school or a GED/Have been honorably discharged from the United States Armed Forces/ are enrolled in school
• Have not been convicted of a felony, serious misdemeanor, or three or more other misdemeanors
• Not pose a threat to national security or public safety

It is estimated that nearly two million people are eligible for DACA, yet as of March 2020, less than one million people were enrolled.

Applying for DACA

As per the USCIS, DACA approval is given on a case-by-case basis. There are many steps in applying for DACA for the first time. The process includes:

• Completing Form I-821D: Consideration of Deferred Action for Childhood Arrivals along with signature.
• Completing Form I-765: Application for Employment Authorization Document along with signature.
• Completing form  Form I-765WS, Worksheet: Economic Need to Work
  • Mailing the above forms to the USCIS along with the corresponding fees and money for biometrics
  • Attending a biometrics appointment at your local USCIS Application Support Center
• In case of an initial request for consideration, the application must be filed at the USCIS lockbox. However, in case of renewal, the application may be filed at USCIS Lockbox or online. For online filing, the creation of a USCIS online account is mandatory. 

You will also need to provide several supporting documents when applying for DACA. These include:

• Proof of identity: Passport or national identity document of the country of origin, birth certificate, state ID, military ID, school ID (ID must have a photo), etc.
• Proof you arrived in the United States before turning 16: A copy of your passport with a border stamp, Form I-94/I-95/I-94W, INS documents with date of entry, travel records, school records from U.S. school where you have attended, medical records, religious ceremony documents from a religious entity, etc.
• Proof of established residence prior to turning 16 if you left the country and returned later: School records, employment records, tax returns, bank letters, employment verification, etc.
• Proof of residency since 15th June, 2007: Tax returns, payment receipts, utility bills, employment records, medical records, military records (Form DD-214 or NGB Form 22), school records, money orders, birth certificates of children born in the United States, car registrations, insurance policies, bank transactions, etc.
• Proof that any absences from the country since 2007 were brief: Plane tickets, passport entries, hotel receipts, etc.
• Proof you were in the United States on June 15th, 2012: Tax returns, payment receipts, utility bills, employment records, medical records, school records, money orders, birth certificates of children born in the United States, car registrations, insurance policies, bank transactions, etc.
• Proof of no legal status on June 15th, 2012: Form I-94 with an expiration date, final order of removal or deportation, Department of Homeland Security (DHS) document concerning removal proceedings, etc.
• Proof you are enrolled in school or have graduated, obtained your GED., or achieved honorably discharged veteran status
• Proof of removal proceedings: A copy of a removal order, a document issued by an immigration judge, the final decision of the Board of Immigration Appeals, etc.
• Proof of criminal history: An official statement from the arresting agency showing no charges were filed or a complete copy of your arrest record including a copy of court order vacating, setting aside, sealing, expunging, or removing the conviction

Additional documents are not required to be filed at the time of renewal unless there are new documents involving removal proceedings or criminal history that were not submitted to the USCIS in the previous application. 

Renewing Your DACA Status

It is recommended that all renewal requests be submitted between 120 and 150 days before DACA expiration. If the renewal request is pending for more than 105 days then an online inquiry may be submitted to enquire about the status of the renewal request. In order to be eligible to request a DACA renewal, the applicant must:

• Not have departed the U.S. on or after August 15th, 2012, without filing Form I-131 (travel documents, parole documents, and arrival/departure records) for valid travel.
• Have resided in the U.S. continuously since submitting their most recent DACA request
• Have not been convicted of a felony, serious misdemeanor, or three or more other misdemeanors
• Not pose a threat to national security or public safety

There are far fewer documents required for DACA renewal than for first-time applicants. Those applying for renewal must complete Form I-821D and Form I-765. They must also provide proof of updated deportation or removal proceedings since filing their initial application along with an updated criminal history. Additionally, they must pay the renewal fee of $495.

If an individual files less than 120 days before the expiration of the current status of DACA, then it may result in a situation where the protection expires before renewal. In this case, the period between the expiry and the renewal would be treated as an unlawful presence in the U.S. and the applicant would not be permitted to work or carry on business during the said period of time. 

If an application is filed within one year of their most recent DACA expiry, then it will be treated as a renewal of the DACA. However, if the period is beyond one year, an individual may still apply for DACA, the same will be treated as a fresh application or an initial request. 

If I have DACA Status, Can I Travel Abroad? 

A very important factor in obtaining the status of DACA is to prove residence in the U.S. during the relevant time period. However, there are also rules regarding travel by an undocumented immigrant seeking to travel in and out of the United States. 

Travel during the pendency of the initial DACA request

If an applicant whose initial application for grant of DACA status is pending travels outside the territory of the U.S. on or after August 15, 2012, then the travel would lead to an interruption of continuous residence and will hence be disqualified for grant of deferred action. The USCIS determines the travel on a case-to-case basis and examines whether the same amounts to brief, casual or innocent.   

Travel as a DACA Recipient

As a DACA recipient with a valid and subsisting status, the decision to travel outside the U.S. can be tricky. As a general rule laid down in the legislation, there can be no unauthorized travel and proper permission has to be acquired. This can be done by applying for a travel permit often called an “advance parole” in common parlance. The applicant is allowed to travel abroad, after obtaining the permit and filing the form  Form I-131. 

The acceptable grounds for travel as per the USCIS may be humanitarian purposes (obtaining medical treatment or attending a funeral), educational purposes (academic research), or employment purposes (interview, conference, or overseas assignment). Travel for vacation is not permitted. Failure to obtain advance parole before traveling abroad may lead to complications in re-entering the U.S. and may also turn into a factor in terminating DACA for the individual. Furthermore, advance parole is valid for a specific duration, and the individual applying has to re-enter the territory of the U.S. during that period.    

Current Status of DACA

The DACA program, which was initiated by President Barack Obama in 2012 via an executive order, was instituted as a temporary measure after Congress failed to pass Obama’s Development, Relief, and Education for Alien Minors (DREAM) Act.

In its initial phase, the DACA program:

• Protected young, undocumented immigrants from deportation
• Allowed these immigrants to obtain work permits, driver’s licenses, and Social Security numbers
• Was valid for two years with the possibility of continuous renewals

In September of 2017, President Trump announced that the DACA program would be phased out. However, several court cases prevented a full repeal of the program. Despite that, the administration was able to implement some restrictions on the program, including:

• Reducing the length of enrollment into the program from two years to one
• Requiring all renewals to be done within 150 to 120 days before current registration expired
• Rejecting any new DACA applicants
• Restricting travel outside of the U.S. for all DACA recipients except under exceptional circumstances.

In November of 2020, a New York federal judge ruled that the acting head of the Department of Homeland Security (DHS) was not authorized to make changes to the DACA program, repealing the restrictions put in place during his tenure.

In December of 2020, another federal judge ruled that first-time applicants could once again apply and extended the length of the program back to two years.

In January 2021, President Joe Biden issued an executive order, returning the program to its original form.

In July 2021, a federal judge Andrew S. Hanen in Texas once again barred new applications from being approved. The DHS will continue to accept the applications but will not approve any., The Biden administration appealed the ruling. Should it be overturned, those applications could then be approved.

In September 2023, the federal judge of the Federal District Court in Houston once again rejected the attempt of the Biden government to save the program, and kept the view that there were no ‘material changes’. While there is no effect on current recipients, and an undocumented immigrant holding DACA status would be able to keep and renew their protection, no fresh applications would be granted by the USCIS.  

Currently, the ruling of the Federal Court of Texas is in effect, until it is overturned by the Circuit Court or Supreme Court. Hence, the judgment acts as an injunction against the grant of new applications. If an individual is a first-time applicant to the DACA or the application for renewal of DACA was not filed within one year of the expiry of most recent DACA approval, or where the DACA is terminated, then the application will be treated as an initial application. 

The application may still be filed and requisite fees be paid, however, the application would be on hold and can only be granted after the injunction is not in place.

Proposed Rule Change

The Biden administration has also proposed some rule changes to DACA to put it on firmer legal ground and make it less vulnerable to attack by opponents of the program. Also included in the proposed rule change is separating employment authorization from the other DACA protections. 

Applicants would still have the option of filing Form I-765 to enable them to gain employment in the country. However, those not in need of work would see the application cost of DACA significantly reduced. Furthermore, based on the upcoming Presidential elections, the DACA policies may be changed and may even lead to a more permanent solution for undocumented immigrants currently availing the temporary protection of DACA. 

Fees to File DACA Application

In 2024, USCIS increased fee(s) for many applications. The new fee structure is as follows in case of renewal:

1. Form I-821D:
   1. Electronic Filing: $85
   2. Paper Filing: $85
2. Form I-765:
   1. Electronic Filing: $470
   2. Paper Filing: $520

Payment may be made by cheque, credit or debit card, or even money order. In case of rejection of an application, the applicant is not permitted to dispute the charge as the fee is final and not refundable. Further, in case of filing renewal on paper, two separate cheques or money orders should be submitted for the two forms. 

Expert Tips And Tricks To Avoid Delays And Further Application Process

1. Ensure that you do not face any issues due to language barriers by not being a native English speaker. 
2. You should avail of a pre-check quiz before payment of any fees to USCIS to determine eligibility for the program. 
3. You must review your application to avoid typographical errors, spelling errors, omission of key information, etc. 
4. You should do another detailed review to weed out inconsistent entries and illogical or conflicting information such as dates. 
5. Read FAQs and Instructions issued by the USCIS to avail guidance as an applicant on how to prepare supporting/auxiliary documents. 
6. Properly print, assemble, and mail the application and ensure to to sign and date wherever required.

How Can We Help? 

FileRight.com offers access to proprietary software that gives a seamless experience to fill out various forms of the USCIS, whether a fresh application or a renewal form, along with a simple, cost-effective, and easy-to-understand application process. We charge an application package preparation fee of $245 plus USCIS filing fees for filing the form I-821D. We also offer a money-back guarantee, which includes the fee paid to us and the government filing fee paid to USCIS.

Frequently Asked Questions

Is there a fee waiver or exemption for the DACA USCIS fee?

While there are limited exemptions, however, an applicant may send a letter along with supporting evidence to USCIS to claim an exemption if:

1. Applicants cannot take care of themselves and suffer from chronic or serious disability, and income is less than 150 percent of the U.S. poverty level
2. The applicant has accumulated $10,000 or more in debt in the past 12 months due to unreimbursed medical expenses (expended on the applicant or immediate family member), and income is less than 150 percent of the U.S. poverty level.
3. If the applicant is less than 18 years of age income is less than 150% of the U.S. poverty level, and is homeless, in foster care, or lacks family support.

Are new applications being accepted by USCIS?

As per the current legal framework and case laws, the USCIS is accepting initial applications and renewal requests, however, initial applications are not being granted due to an injunction imposed by the U.S. District Court for the Southern District of Texas.