Home » Deferred Action for Childhood Arrivals (DACA)
Immigration Topics Explained:
Overview | Driver's License | Work Authorization | Protection from Deportation | When to Renew | Paths to Legal Status | Get Help
DACA Overview
What is the Deferred Action for Childhood Arrivals program?
Deferred Action for Childhood Arrivals (DACA) protects eligible undocumented immigrants who were brought to the United States by their parents when they were children. DACA provides temporary employment authorization (work permit) and protection from deportation. Each grant is valid for a period of two years and is generally renewable. Unfortunately, deferred action does not provide lawful status. That's why individuals eligible for DACA also need the help of Congress to provide a permanent path to lawful status (permanent residence) in the U.S.
Although the Trump administration attempted to rescind the DACA program on multiple occasions, courts have generally ruled in favor of the DACA program. The Biden administration further strengthened the policy by implementing a final rule for DACA in 2022. Currently, a Texas court injunction is blocking initial DACA applications. Therefore, U.S. Citizenship and Immigration Services (USCIS) will continue to process DACA renewals. However, while this injunction remains in place, USCIS will not accept initial DACA applications from first-time applicants and people whose DACA expired more than a year ago. Under current policy, USCIS is:
- Accepting DACA renewal requests from individuals who currently have DACA; and
- Accepting DACA renewal requests from individuals whose DACA expired less than one year ago.
If your DACA expired more than one year ago or you never applied for DACA, you may not apply now. If the 5th Circuit Court of Appeals rules favorably, you may have the opportunity to apply in the future. For more specific information about the application and eligibility requirements, visit our explainer for the DACA application.
Stated-Issued Driver's License
Can I get a driver's license with DACA?
If you have been granted DACA status and have received a Social Security card, you may be eligible for a driver's license. The rules governing eligibility for a driver's licenses vary by state (not federal government like USCIS). Therefore a grant of DACA does not automatically provide access to a state driver's license. But DACA recipients who have obtained an employment authorization card (work permit) and Social Security card generally can satisfy the state requirements for a driver’s license or state ID. Here’s how:
- Determine if You are Eligible in Your State
Most states have confirmed that a driver's license will be available to individuals with a DACA grant. You may only obtain a driver's license in your state of residence. Contact your state’s department of motor vehicles to review the specific requirements for obtaining the driver's license or state ID. - Take Required Documents
In most cases, you will need to take your Social Security card and employment authorization card as identification when applying for a driver's license or state ID. Again, check your state's requirements. - Take the Tests
If you want a driver's license (rather than just a state ID), you will need to pass both a written test that covers traffic laws and a "behind the wheel" driving test.
DACA Work Authorization
What are my employment rights?
As a recipient of Deferred Action for Childhood Arrivals, USCIS will provide you an employment authorization document (EAD). The card opens doors to new employment opportunities that were previously not available to you. But you should also be aware of your employment rights. Employers cannot ask DACA recipients for more or different work authorization documentation than what is already permitted by Form I-9. Likewise, an employer cannot reject work authorization documents because of your citizenship status or national origin.
It is your responsibility to maintain your DACA status and the employment authorization that comes with it. If you continue to work for an employer after your EAD has expired, you will be working without authorization. That could lead to problems down the road if DACA recipients are granted a path to legal status. Therefore, it’s very important to keep your DACA status renewed.
Review these frequently asked questions and answers to better understand your employment rights with DACA.
No. The only thing the employer needs to know is that you have an employment authorization card (work permit). The employer does not need to know how or why you received one. The work permit gives you the right to work.
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify that all newly hired employees present “facially valid” documentation verifying the employee’s identity and right to work in the United States. In other words, federal law requires your employer to have each newly hired employee (hired after November 6, 1986) complete an I-9 form. The employer must show the completed forms to enforcement officials from the U.S. Department of Homeland Security if asked for them.
A: You are required to show documentation that proves your identity and authorization to work. “List A” documents establish both identity and employment authorization. A work permit is a photo ID that proves you are authorized to work. Therefore, you only need your work permit to satisfy the I-9 requirements. Visit the USCIS website for all I-9 acceptable documents.
If you currently have a job, you do not need to offer your new employment authorization card (work permit) or any other information. However, if you are starting a new job or your previous card is expiring, you are obligated to show your employer that you have the right to work.
No, this is a form of employment discrimination.
No. Your work permit is sufficient identification to prove your identity and employment authorization in the U.S. However, obtaining a Social Security number and state driver’s license (or state ID) can be helpful as additional identification, for obtaining a loan and other benefits.
Some employers will use the government's E-Verify system at the time of hire to confirm that their workers have permission to work. The internet-based system uses I-9 information to make this determination. An employer’s use of E-Verify could be considered discriminatory if it is only used to check some (but not all) employees.
There is help available to you. Contact the Justice Department’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices. OSC can answer your questions and even call the employer when appropriate. Call 1-800-255-7688 or visit the Justice Department website.
Source: NILC
Protection from Deportation
Can I be deported if my DACA expires?
DACA provides temporary protection from deportation. That protection is valid for the term of the DACA grant. For that reason, it's important to renew your status before it expires.
Maintain your DACA status. By law, individuals with an expired grant of DACA do become deportable. However, it's likely that Immigrations and Customs Enforcement (ICE) will not prioritize the removal of expired DACA recipients without a criminal record. You may participate in rallies and protests. But do so wisely and avoid any wrongful or illegal activities that could get you arrested and perhaps prosecuted. That will only aggravate your situation.
We also encourage you to seek the advice of an immigration attorney that can explain your options.
When to Renew DACA
Is there a safe time to renew status?
Based on USCIS guidelines, processing times and recent court rulings, CitizenPath recommends that our customers prepare and file the DACA renewal application five months (150 days) before the expiration date. DACA renewals continue to have long processing times. Therefore, we suggest that customers mail the DACA application package (Forms I-821D, I-765, I-765 worksheet and all supporting documents) to USCIS five months (but no less than four months) well before the expiration date. Here’s why:
USCIS processing times can be very lengthy. If a person’s DACA status expires, that individual could be without a valid work permit for a short time. What’s more, the time spent in an unlawful status accrues. That could create a problem in the future. If your current period of DACA expires before you receive a renewal, you will:
- Accrue unlawful presence for any time between the periods of deferred action (unless you were under 18 years old when submitting request)
- Not be authorized to work in the United States regardless of your age at the time of filing
Note: If USCIS does have the option to provide deferred action and employment authorization for a short period of time until they are able to finish processing your request. However, they will only do this if you filed your request at least 4 months before your current period of deferred action and employment authorization expire.
Paths to Legal Status
Are there options for more permanent immigration solutions?
The uncertain future for DACA has forced everyone to reconsider other possible paths to a legal status within the United States. In some cases, individuals have an available path to a green card and don't even realize it.
Are you married to a U.S. citizen? Has any family relative ever filed an immigration petition on your behalf? Have you ever been a victim of a crime or domestic violence? All of these questions are very important because they may lay a foundation for immigration alternatives aside from DACA. Marriage, employment, asylum status and the U visa are just a few of the possibilities. It's important that anyone with an undocumented status understands their options. Contact an immigration attorney or other legal service provider to analyze your situation.
How CitizenPath Helps You Prepare the DACA Application
Is there an inexpensive way to file the DACA application?
CitizenPath's affordable, online service makes it easy to prepare Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Designed by immigration lawyers, the DACA Application Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application. Get started >>
STEP | Check Eligibility | |
We're going to ask you a few questions to make sure you're eligible and preparing the correct form. | ||
STEP | Prepare Form I-821D | |
Our software will guide you through the DACA application using simple step-by-step instructions. | ||
STEP | Download, Print and File | |
Once you're completely satisfied, you’ll be able to print your I-821D, I-765, I-765WS and customized filing instructions. | ||
Frequently Asked Questions
Deferred action is a technical way of saying that the beneficiary is protected from deportation. It’s a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time.
Typically, the U.S. Department of Homeland Security grants deferred action to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. It’s a temporary status, and it can be revoked at any time. However, there is no direct path to lawful permanent residence (green card) or to U.S. citizenship.
DACA recipients are able to submit a renewal application, provided that the previous grant expires no more than one year ago. CitizenPath can help you prepare all three mandatory forms for the DACA application in a single process. We recommend that you file your DACA package 5 months before your current grant expires. This is the best way to avoid the accrual of unlawful presence and carrying an expired card. Even if your DACA grant already expired, you may apply.
- If you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA.
- If your most recent grant of DACA expired more than one year ago, you may not renew your status at this time. We recommend that you speak to an attorney to review your situation and strategies to get back in DACA status.
Losing your work permit does not mean that you've lost your DACA status. Officially known as an Employment Authorization Document (EAD), your work permit is physical proof of your right to live and work in the United States.
If your work permit was lost or stolen, you’ll need to replace it as soon as possible. DACA status continues to be valid until the card expires. See how to replace a lost work permit.
Generally, Deferred Action for Childhood Arrivals (DACA) recipients are exempt from the requirement to have health coverage. Additionally, the Affordable Care Act (aka “ACA” or “Obamacare”) does not allow DACA recipients to purchase health coverage from its health plans. However, DACA recipients can receive health insurance through an employer, buy private health insurance, or potentially qualify for some state-run programs that provide free or low-cost medical services for children and adults with limited income and resources.
DACA recipients should file income tax returns and pay income tax as required by law. In fact, DACA recipients may even be eligible for tax credits, including the Child Tax Credit, Earned Income Tax Credit, and other child care, and education tax credits. The Internal Revenue Service (IRS) also provides in-depth tax information for immigrants including an immigrant tax guide, and a residency and tax law overview.
The DREAM Act is bipartisan immigration reform legislation that specifically targets the unfortunate situation that many young undocumented people endure. Young people who were brought to the United States by their parents unlawfully, have no way to obtain legal residency and are forced into a life that is severely marginalized by their lack of legal status. The DREAM Act addresses this tragedy by giving these individuals a path to legal status based on meeting certain conditions.
The latest version of the DREAM Act, known formally as the Development, Relief, and Education for Alien Minors Act, was introduced on May 11, 2011, in the Senate (S. 952) by Sen. Dick Durbin (D-IL) and 32 fellow senators, and in the House of Representatives (H.R. 1842) by Reps. Howard Berman (D-CA), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard.
The DREAM Act has never garnered the necessary votes to pass into a law. If and when it does, the DREAM Act would enact two major changes in current law:
- The DREAM Act would permit certain immigrant students who have grown up in the U.S. to apply for temporary legal status and to eventually obtain permanent legal status and become eligible for U.S. citizenship if they go to college or serve in the U.S. military; and
- The DREAM Act would eliminate a federal provision that penalizes states that provide in-state tuition without regard to immigration status.
