What is DACA?
The Short Answer
DACA is a memorandum issued by the US Department of Homeland Security that grants certain benefits to foreign nationals who were brought to the United States when they were children.
Context
DACA stands for Deferred Action for Childhood Arrivals. President Barack Obama announced the DACA program on June 15, 2012. As of July 16, 2021, new applications have been blocked.
The program temporarily grants DACA recipients:
- Protection from deportation
- Employment Authorization (legal authorization to work in the US)
The program is subject to renewal every 2 years and does NOT provide a pathway to citizenship.
DACA qualifications can be found here under “guidelines”. As of now, no new applications are being reviewed.
Fun fact: As of 2024, DACA recipient ages range from 18-42.
Timeline
The DACA program has a long and complicated history. Below are some important highlights.
September 5th, 2017 – President Donald Trump rescinds DACA. USCIS stops processing first time DACA applications and renewal requests.
January 9th, 2018 – San Francisco-based U.S. District Court judge William Alsup orders the Trump administration to resume accepting renewal applications for DACA but not for first time applicants.
June 18th, 2020 – Supreme Court rules 5-4 that the Trump administration’s termination of DACA violated the Administrative Procedure Act. The Trump Administration could still rescind DACA if done properly.
December 4th, 2020 – USCIS begins accepting first-time DACA applicants.
July 16, 2021 – Texas-based U.S. District Court Judge Hanen ruled that DACA is unlawful and blocked DHS from approving any new, first-time DACA applications.
October 5, 2022 – The U.S. Court of Appeals for the Fifth Circuit upheld Federal Judge Hanen’s July 2021 ruling that the DACA program–as created by the Obama Administration’s 2012 memorandum–was unlawful.
Future?
Since both Federal District and Appellate Courts have ruled DACA illegal, the only court left to decide on DACA’s legality is the Supreme Court. Right now, it is speculated that a decision by the Supreme Court will land on either June 2025, or June 2026.
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