DACA (Deferred Action for Childhood Arrivals)

What DACA gives and does not give, who may qualify, how renewals and work permits work, the travel risk, and why the program's status in the courts means checking current USCIS guidance before you file.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.

What it means

Deferred Action for Childhood Arrivals is a form of prosecutorial discretion: the Department of Homeland Security agrees not to pursue removal of certain people who came to the United States as children, for a renewable period. It is not a lawful immigration status and does not by itself lead to a green card or citizenship. A person granted DACA may apply for an employment authorization document and a Social Security number, and is not considered unlawfully present for the immigration rules that penalize unlawful presence while the grant lasts.

The eligibility rules look at arrival before a cutoff age, continuous residence and physical presence on dates set by the program, current school enrollment, a high school diploma or equivalent, or honorable discharge from the military, and the absence of a felony, a significant misdemeanor, multiple misdemeanors or a security concern. DHS adopted the program as a regulation in 2022 after the original 2012 policy memo was challenged. Federal court rulings in the long-running Texas case have limited which parts of the program USCIS may carry out, and first-time requests and renewals have been treated differently; the details have changed several times, so check the current USCIS DACA page before filing anything.

Renewal requests must be filed on time, because a lapse ends both the deferred action and the work permit. Leaving the country is the largest risk: travel without advance parole approved beforehand can end DACA and may trigger a bar to returning. A criminal arrest, even one that seems minor, can affect a renewal and should be discussed with an immigration lawyer before any plea (see removal defense). Some recipients have another route to status, through a family member, an employer or a U visa, that is worth checking.

Where this comes from

When people hire a lawyer for this

Because the program's status in court keeps changing and a mistake can cost the protection, have an immigration lawyer or a DOJ-accredited representative at a recognized nonprofit review a first request, any renewal with an arrest or a gap, any plan to travel, and whether you qualify for a permanent status. Avoid "notarios" and immigration consultants who are not lawyers; they cannot give legal advice.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Choose your state to see Immigration law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Business Law” has no Immigration listing yet and opens the broader page.

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Related terms

Entries on the same subject:

• AsylumProtection for a person in the United States who fears persecution in their home country on account of race, religion, nationality, political opinion or membership in a particular social group, and how it differs from withholding of removal.
• Green Card (Lawful Permanent Residence)How a non-citizen becomes a lawful permanent resident of the United States: the family, employment and other routes, the petition and the application, and why the order of the steps matters.
• H-1B Specialty Occupation VisaThe employer-sponsored temporary work visa for jobs that require a specialized degree: the labor condition application, the annual cap and lottery, the employer's wage duties, and what happens if the job ends.
• K-1 Fiance(e) VisaHow a U.S. citizen brings a foreign fiance(e) to the United States to marry, the in-person meeting and disclosure rules, what must happen after arrival, and the alternative of marrying abroad first.
• Naturalization (Becoming a U.S. Citizen)How a lawful permanent resident becomes a U.S. citizen: the residence, presence, character, English and civics requirements, the interview, and what happens after a denial.
• Removal (Deportation) DefenseWhat happens when the government seeks to remove a non-citizen from the United States, the hearing they are entitled to, and the forms of relief an immigration judge can grant.
• Temporary Protected Status (TPS)The temporary protection from deportation, with a work permit, that the U.S. gives nationals of designated countries in crisis: who qualifies, why registration and re-registration deadlines matter, travel, and what happens when a designation ends.
• U Visa for Crime VictimsImmigration status for non-citizen victims of certain crimes who help the police or prosecutors, how the law enforcement certification works, and the related T visa and VAWA protections.

Other entries in the same area of law, each written from the same primary sources.

• Asset Purchase vs Stock PurchaseThe two ways to buy a business - buying what it owns or buying the entity that owns it - and why the choice decides which liabilities come with it, which contracts transfer, and how the price is taxed.
• Breach of ContractA failure to do what a binding agreement required - and the question a court actually asks is not whether someone broke a promise but what the loss was and whether it could have been avoided.
• Buy-Sell AgreementThe contract between co-owners of a business that says what happens to an owner's share when they die, leave, divorce or go bankrupt - who must or may buy it, at what price, and with what money.
• DBA (Fictitious Business Name)A registered trade name under which a person or company does business - which tells the public who is behind the name and does nothing else.
• Fiduciary Duties and the Business Judgment RuleThe duties of care and loyalty that directors, officers, managers and controlling owners owe the business, the rule that protects honest decisions that turned out badly, and the derivative suit that enforces them.
• Franchise Disclosure Document (FDD)The document a franchisor must give a prospective franchisee before any contract is signed or money changes hands - what the federal rule requires it to contain, what it does not promise, and the state laws that add registration and relationship rights.
• General and Limited PartnershipsA general partnership can be formed by conduct with no paperwork and makes every partner personally liable; a limited partnership requires a filing and shields the partners who do not manage. What each is, and the LLP and LLLP variants.
• Indemnification and Hold Harmless ClausesThe contract provision under which one party agrees to cover another's losses and defend it against claims - what it usually reaches, the state laws that void some of it, and why insurance is the other half of the promise.
• Independent Contractor vs EmployeeTwo legal categories of worker with very different consequences for taxes, overtime and liability - and a label in a contract does not settle which one applies.
• Insurer's Duty to DefendThe promise in a liability insurance policy to pay for the policyholder's lawyer when they are sued, why it is broader than the duty to pay a judgment, and what happens under a reservation of rights.
• Letter of Intent (LOI) and Term SheetThe preliminary document that sets out the main terms of a deal before the contract is drafted - which parts of it are usually binding, which are not, and how a "non-binding" letter still creates obligations.
• Limited Liability Company (LLC)A business form that shields its owners from most business debts while staying simpler to run than a corporation.
• Non-Compete AgreementA promise not to work for a competitor or start a competing business for a period after a relationship ends - enforceable in some states, sharply limited in others, and void in a few.
• Non-Disclosure Agreement (NDA)A contract restricting what one or both sides may do with information the other shares - and, unlike trade secret law, it binds only the person who signed it.
• Operating AgreementThe private contract among an LLC's owners that decides who controls the company, how money is split, and what happens when someone leaves - or the state's default rules decide it for them.
• Personal GuaranteeA promise by an individual - usually a business owner - to pay a company's debt personally if the company does not, which puts the owner's own assets behind the loan or lease regardless of the entity's liability shield.
• Piercing the Corporate VeilThe exception under which a court holds an owner personally liable for a company's debts, despite the limited liability the company normally provides.
• Registered AgentThe person or company a business entity must designate to receive lawsuits and official notices on its behalf - and the address at which a default judgment can quietly begin.
• S Corporation ElectionA tax election, not a kind of company - what electing S status does to how a corporation or LLC is taxed, who is eligible to make it, and how it is lost.
• Sole ProprietorshipThe default form of a one-owner business: no formation filing, the owner personally liable for every business debt, profit taxed on the owner's own return with self-employment tax, and when an LLC or corporation is worth the switch.
• Starting a Nonprofit (501(c)(3) Status)How a nonprofit is formed under state law, how it gets federal tax exemption as a charity, and the rules it must follow to keep it.
• Tax Debt Relief (IRS Collection, Installment Agreements and Offers in Compromise)What the IRS can do to collect a tax debt, the rights a taxpayer has at each step, and the programs that let a debt be paid over time, settled for less, or put on hold.
• UCC Financing Statement (UCC-1)The public notice a lender files to stake its claim on a borrower's equipment, inventory, receivables or other business property - the filing that decides who gets paid first when a business fails.

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