Certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization.
Deferred Action For Childhood Arrivals (DACA)
On June 15, 2012, Department of Homeland Security (DHS) SEcretary Janet Napolitano issued a NEW MEMORANDUM to U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) explaining how prosecutorial discretion should be used with respect to individuals who came to the Unites States as children. This memo directs individuals who do not pose a risk to national security or public safety and meet specified criteria will be eligible for deferred action for 2 years, subject to renewal, and to apply for work authorization.
Deferred action is decided on a case-by-case basis, and applicants will have to pass a background check before they can receive deferred action.
Deferred action is a DHS decision not to pursue enforcement against a person for a specific period. A grant of deferred action DOES NOT confer lawful immigration status, change a person’s current immigration status, or provide a path to citizenship. However, time in deferred action status is considered a period of authorized stay by DHS. DHS can renew or terminate a grant of deferred action at any time.
In order to establish eligibility for DACA, an individual MUST demonstrate: