Deferred Action for Childhood Arrivals (DACA) is an administrative program that protects certain young people from deportation and provides work authorization during the same time two-year period. An applicant needs to have been present in the U.S. since at least June 15, 2007 through the present, have entered this country before age 16, have been age 30 or younger on June 15, 2012, have been without lawful status on June 15, 2012, and be a high school graduate (or GED) or be currently in school, and have a basically clean criminal record (no felonies or DUIs for example). DACA enrollees should apply to extend their protection from deportation and work authorization up to 150 days before expiration. In addition, if a DACA enrollee has a work, school, or humanitarian need to travel abroad, it is essential to obtain a DACA travel permit before departing.

Because DACA is an administrative program, young people whose cases are successful do not benefit from a path to permanent status based on DACA. Many DACA enrollees are eligible for permanent residence through family, employment, or humanitarian routes, however. It is important to consult with an experienced immigration attorney to resolve any doubts. You could be applying for DACA and discover permanent residence is within reach.

The DREAM Act is a proposed bill that Congress has not yet enacted. It would establish many of the same benefits for roughly the same people as DACA. The DREAM Act would also provide a path to permanent status.