Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, in an exercise of prosecutorial discretion, DHS announced the Deferred Action for Childhood Arrivals (DACA) initiative. DACA offers relief from deportation for certain undocumented young people who are in the US. The program does not offer a path to a US green card or US citizenship. But DACA closely resembles various versions of legislation introduced over the last decade known generally as DREAM. It allows qualifying individuals to temporarily remain and work legally in the US.

Deferred Action for Childhood Arrivals (DACA) Criteria

An individual must satisfy the following criteria before consideration for DACA through an exercise of prosecutorial discretion.

• Came to the United States while under the age of 16.
• Has continuously resided in the US for at least 5 years preceding the date of the June 15, 2012, Deferred Action memorandum. The applicant must have been in the US on the date of this memorandum.
• Is currently in school, has graduated from high school, has obtained a general education development certificate or is an honorably discharged veteran of the US Coast Guard or Armed Forces.
• Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety. And,
• Is not above the age of 30.

DHS will consider the above criteria to determine DACA eligibility, whether an individual is already in removal proceedings or subject to a final order of removal. No individual should receive DACA relief unless they first pass a background check. The Agency will decide requests for relief pursuant to the DACA memorandum on a case by case basis. DHS cannot provide assurance that they will grant deferred action in all cases.

Individuals Encountered by ICE, CBP or USCIS

• ICE and CBP should exercise discretion for those who meet DACA criteria on an individual basis to prevent low priority individuals from being placed into removal proceedings or removed from the US.
• USCIS should implement the June 15, 2012, DACA memorandum consistent with existing guidance regarding the issuance of notices to appear.

Individuals in removal proceedings but not yet subject to a final order of removal, and who meet the above Deferred Action for Childhood Arrivals (DACA) criteria

• ICE should exercise prosecutorial discretion regarding DACA on an individual basis for individuals who meet the above criteria. The agency should defer action for 2 years, subject to renewal, to prevent removal of low priority individuals from the US.
• The Agency (ICE) should use its Office of Public Advocate to permit individuals who believe they meet the above DACA criteria to identify themselves through a clear and efficient process.
• ICE should begin implementing the DACA process outlined in the memorandum within 60 days of the date of this memorandum.
• The Agency (ICE) should immediately begin the DACA process against individuals who meet the above criteria, and whose cases EOIR have already identified.

Individuals not in removal proceedings, but meet DACA criteria and pass background check

• USCIS should establish process to exercise prosecutorial discretion on an individual basis by deferring action for 2 years, subject to renewal, against individuals at least 15 years old who meet DACA criteria to prevent removal of low priority individuals.
• The DACA process should be available to individuals subject to a final order of removal regardless of their age.
• USCIS should implement the DACA process within 60 days of the date of this memorandum.

USCIS will accept applications for work authorization from individuals granted deferred action under DACA.

The DHS Deferred Action for Childhood Arrivals (DACA) process is not yet in effect. So do not submit requests for deferred action at this time. USCIS will outline and announce procedures by which individuals can engage in the DACA process. Beginning June 18, individuals may call 1-800-375-5283 from 8am to 8pm, for information on DACA. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new deferred action process should visit the USCIS web site.

Finally, Deferred Action for Childhood Arrivals (DACA) confers no substantive right, immigration status or pathway to citizenship.