On June 15, 2012, the Obama administration announced its intention to launch an initiative for the thousands of immigrants who were brought to the United States as children and who had no immigration status. Since its inception, the measure has not only protected millions of minors but has also been a bold response to the so many times criticized US immigration system.

What is DACA? What does “Deferred Action” mean?

When an immigrant is granted “deferred action,” it means the Department of Homeland Security (DHS) has deemed the individual a low priority for immigration enforcement purposes. Accordingly, it has chosen to exercise its discretion and not deport the individual. Deferred action provides temporary relief from enforcement but may be revoked at any time. Deferred action is not amnesty or immunity. Additionally, it does not provide lawful immigration status or a path to a green card or citizenship.

Who is eligible for deferred action?

People who:

  • Came to the United States before their 16th birthday;
  • As of June 15, 2012, they were under the age of 31 and did not have an immigration status;
  • Have been continuously in the United States since June 15, 2007;
  • Are currently studying, graduated from high school, obtained a GED, or were discharged from the Armed Forces;
  • Have not been convicted of a “felony,” or three or more misdemeanors, and who do not pose a threat to national security or public safety.

How long does DACA protection last?

DACA protection is granted for a period of two years, after which recipients can apply for renewal. According to DHS, the DACA applicant is eligible for future renewals as long as they were under 31 as of June 15, 2012.

Can a person who is granted DACA legally work in the United States?

Yes. Under existing regulations, DACA recipients can apply for employment authorization In this case, it is pertinent to take into account that both DACA and the work permit…

Giselle Ayala - Attorney at Law

Giselle Ayala is an attorney expert on immigration, business, marketing, and artist’s transactions.