Were under the age of 31 as of J(that is, you were born on or after June 16, 1981).USCIS may approve a request for DACA only if we determine, in our sole discretion, that you meet each of the following threshold criteria and merit a favorable exercise of discretion: Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization. What Is Deferred Action for Childhood Arrivals?Īs the Department of Homeland Security (DHS) continues to focus its enforcement resources on those who pose the greatest threat to homeland security, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines.
What Is Deferred Action for Childhood Arrivals?.USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.Īt this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. District Court for the Southern District of Texas, which extended its injunction and partial stay to the DACA final rule.įor more information, see the News Release. DHS is currently prohibited from granting initial DACA requests and related employment authorization under the final rule due to the Oct. We will also continue to accept and process applications for advance parole for current DACA recipients, and we will continue to accept but not process initial DACA requests. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. If you have a pending renewal application, you do not need to reapply.Įffective Oct. 31, currently valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. While the new rule will apply to applications considered as of Oct. The final rule generally codifies existing policies with limited changes to preserve and fortify DACA. 31, 2022, to the extent permitted by current court orders.
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