In this post, I’ll provide an overview of the DACA program and related developments on its legality.

DACA is a form of deferred action where the Department of Homeland Security places certain cases at the bottom of the totem pole. The person isn’t granted a green card but isn’t deported either. DACA is only granted for two years at a time. But the good news is you can renew – at least for now.

Expert tip: On July 16, 2021, a Texas judge issued a ruling partially ending the Deferred Action for Childhood Arrivals (DACA) program. While USCIS can accept first-time applications, this decision prevents USCIS from approving or processing them. Before submitting a first-time application you should discuss the pros and cons with an immigration lawyer.

President Obama established the Deferred Action for Childhood Arrivals (DACA) on June 15, 2012. DACA is an Executive decision that acted like a band-aid on the issue of immigration reform for our Dreamers.

DACA was the Obama Administration’s response to the question that has plagued the United States for decades: What rights should non-citizen children educated in American schools have?

President Obama didn’t have the power to bestow non-citizen children with a pathway to legal status. Only Congress can do that. And Congress has been trying to do just that since the first DREAM Act was introduced in 2001. The Development, Relief, and Education for Alien Minors – DREAM Act– would have created a pathway for non-citizens who came to the U.S. as children. The Act would allow DREAMERs to get green cards and even American citizenship.

Every. Single. Version has failed to pass Congress. And there have been over 11 of them. The closest DREAM Act to pass was in 2010 under President Obama. The bill passed the House but died in the Senate. It was five votes short (so frustrating!).

We will continue to post DACA-related developments. In the meantime, know that there are many people and organizations pushing Congress to pass legislation that will provide a path to citizenship for DACA recipients and applicants.

To read more about the DREAM Act click here.