In the United States, immigrants who arrived as children and seek legal status have long relied on the Deferred Action for Childhood Arrivals (DACA) program. This policy not only provides work authorization, Social Security numbers, and driver's license eligibility but also offers protection from deportation for many young immigrants. According to the latest announcement from the Department of Homeland Security (DHS), the DACA final rule took effect on October 31, 2022, preserving renewal rights for current recipients without changes.
Current DACA Status
If you received DACA before July 16, 2021, you may continue to benefit from the program as long as you renew on time. You can still apply for Employment Authorization Documents (EAD) and advance parole for international travel (including for residents of Texas). However, while the 5th Circuit Court ruled on March 11, 2025, that USCIS may process new DACA applications, the agency has yet to approve any. No clear timeline exists for when new applications might be processed.
2024 Policy Changes
The Biden administration has introduced several new provisions for DACA recipients in 2024:
- Starting November 2024, eligible DACA recipients can obtain health insurance through the Affordable Care Act (ACA)
- Expedited work visa processing for DACA recipients who have earned U.S. degrees and received relevant job offers
Uncertain Future
Despite multiple court rulings declaring DACA unlawful, the program remains operational. The latest decision is expected to be appealed to the Supreme Court, with a final ruling likely in 2025. While congressional action remains possible, it appears unlikely. Maintaining active DACA status remains crucial during this period of uncertainty.
Renewal Requirements
If your DACA is expiring or has expired, you should renew promptly. Renewals are valid for two years and require submission of Form I-821D. Applicants must meet these conditions:
- No unauthorized departure from the U.S. since August 15, 2012 (without advance parole)
- Continuous residence since last DACA approval
- No felony convictions, significant misdemeanors, or three or more misdemeanor offenses
Those with DACA expired for less than one year may still renew. Experts recommend filing renewal applications 120-150 days before expiration to avoid gaps in status.
Workplace Rights
DACA recipients are not required to disclose their immigration status to employers. Federal regulations may consider termination based solely on DACA status (when work authorization remains valid) as potential discrimination. Individuals who believe they've faced discrimination can contact the Justice Department's Civil Rights Division for assistance.
Travel Considerations
Advance parole permits reentry to the U.S. after international travel but must be obtained before departure. Approval isn't guaranteed for DACA recipients. Current advance parole documents remain valid until expiration. Unauthorized travel may result in DACA termination. Consult an immigration attorney before any international travel to protect your status.