Consideration of Deferred Action for Childhood Arrivals, On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
An individual may be considered for Initial DACA (Deferred Action for Childhood Arrivals) if they meet the following criteria:
- Was under 31 years of age as of June 15, 2012.
- Came to the United States before reaching their 16th birthday.
- Has continuously resided in the United States since June 15, 2007, up to the present time.
- Was present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS.
- Had no lawful status on June 15, 2012; which means:
a. Never had a lawful immigration status on or before June 15, 2012; or
b. Any lawful immigration status or parole obtained before June 15, 2012, had expired as of June 15, 2012. - Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general educational development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard.
- Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors and does not otherwise pose a threat to national security or public safety.