Will Trump End DACA?

By Richard T. Herman, Esq. Reviewed by Richard T. Herman

The Dreamers Under Trump

Donald Trump is back in office January 20, 2025, and DACA is once again on everyone’s mind. Over 500,000 people currently have DACA protections and are wondering if they will lose those protections and possibly face being placed in removal proceedings?

“Our Home is Here”: How Dreamers are Preparing for a Trump Presidency

Why This Matters

3.6 million Dreamers in the U.S. but only a fraction have legal status.

530,000 are currently enrolled in DACA, down from 800,000. 1/3 of DACA holders live in California.

DACA doesn’t offer a path to citizenship but allows recipients to live, work and drive in the U.S.

As Trump takes office in January, the future of DACA is uncertain. With Trump’s deportation promises, advocates are calling for action now to protect current status and navigate the uncertain future.

Advocates are telling beneficiaries to renew now and prepare for policy changes.

What is DACA?

DACA was established by executive order by President Barack Obama in 2012 and provides temporary protection from deportation and work permits to undocumented immigrants brought

To qualify, you must:

Age: Under 31 as of June 15, 2012 (born after June 16, 1981).
Entry Age: Entered the U.S. before 16th birthday.
Residency: Continuous U.S. residency since June 15, 2007 up to application date.
Physical Presence: Present in the U.S. on June 15, 2012 and at time of application.
Legal Status: No lawful status as of June 15, 2012.
Education or Military Status: Currently in school, graduated, GED, honorably discharged from U.S. Armed Forces or Coast Guard.
Criminal History: No felony convictions, significant misdemeanors or three or more other misdemeanors and no threats to national security or public safety.

There are currently 530,000 Dreamers. But the program is temporary and in legal limbo. Courts have ruled a president can end DACA if done properly so the program is precarious.

Key features:

Residence Authorization: Can live in the U.S.
Work Permits: Can get work authorization.
Employer-Sponsored Health Insurance: Some get health insurance through their job.
Educational Opportunities: Many use DACA to pursue higher education and professional certifications.

There are about 530,000 Dreamers nationwide, but new applications have been blocked since 2017. 160,000 of those are in California.

Under Biden, advocates tried to defend DACA, including appealing the Texas district court’s ruling that the program is illegal. He also expanded medical insurace coverage for DACA holders. If Trump tells the Justice Department to drop those appeals, DACA will be terminated. The government could also use the information provided by DACA applicants to deport.

Personal Stories: What happens if I lose DACA

For many, the end of DACA is not just a policy change, it’s a life changing event. Here are a few profiles in courage:

Hans Miguel Esguerra hasn’t been to the Philippines in over 20 years and is worried about supporting his family if his work authorization expires.
- “It’s not just me I’m preparing for,” he said. “This affects my family and the support I give them.”
Financial challenges are already hitting recipients like delayed renewal processing and debt and employment gaps.

Ramiro Luna: Advocating and Anxious

Community Leader: Luna, 41, is the executive director of Somos Tejas, a nonprofit that does political advocacy.
Living in Fear: Despite his work in immigrant communities, Luna admits the emotional toll of living under an anti-immigrant administration.
Family Worries: His mom’s deep fear of deportation is what many immigrant families are worried about.

Karina Serrato Soto: Planning for the Worst

Building a Life: Serrato Soto, a middle school math teacher and mom of two U.S. born kids, has managed to buy a house and put down roots in Dallas.
Parental Precautions: She’s asked her legally living mom to take care of her kids if necessary—a reality her mom can’t accept.
Emotional Burden: The deportation threat has weighed heavily on Serrato Soto and her family.

Jonathan Alvizo: Climbing Walls

For Jonathan Alvizo, 30, an art director and DACA recipient, the program is a blessing and a curse.

Early Arrival: Alvizo arrived in the U.S. in 2001 at 6 years old, two weeks before 9/11.
Life with DACA: While he’s thankful for the work permits and deportation protection, he says it’s like “climbing a wall and falling back down.”
Future Worries: With Trump’s history of trying to dismantle the program, Alvizo’s sense of security is shaky.

In the meantime, resilience is key in the immigrant community. Advocates and recipients will fight to keep their rights and stay here.

“Our home is here, and we mean it,” says Macedo do Nascimento, summing up the unshakeable spirit of the Dreamers

The Policy Reversals

Trump’s first term was tough on undocumented immigrants:

Family separations at the border.
Trying to end DACA, which was blocked by the Supreme Court in 2020 due to procedural issues.

Advocates worry those policies will return and create fear among DACA recipients and their families.

Trump’s History with DACA

In 2017, during his first term, Trump tried to terminate DACA, citing its legality. The decision was met with immediate lawsuits. In 2019, the Supreme Court ruled against the administration, saying it didn’t provide a valid reason to end the program. Despite that, lawsuits against DACA have continued. In 2021, a federal judge declared the program unconstitutional, blocking new applicants.

Current Situation and Legal Landscape

The DACA lawsuits are far from over. Experts say the case will go to the Supreme Court again, possibly as late as summer 2026. In the meantime:

Renewals for current DACA recipients are open, two-year terms.
Research shows the program’s effects: 50% drop in undocumented college students in California since restrictions on new DACA applications.
Many are no longer eligible for other forms of immigration relief, so they’re more dependent on DACA.

What to Expect Under the Trump Administration

During the campaign, Trump talked tougher on immigration, so DACA is in danger again.

Trump’s second term is full of uncertainty. He hasn’t said what he’ll do to DACA, but his campaign focused on stricter immigration and mass deportations. Legal and political analysts say there are several possibilities:

1. Terminate DACA

Trump could try to end the program again, maybe this time with a more calculated approach to address past court criticisms. He might provide a detailed reason to meet legal standards, like broader immigration policy goals.

Trump may end DACA altogether, stop new applications and renewals. That would:

Take away work permits from Dreamers.
Put them at risk of deportation.
Disrupt their lives and communities.

2. Let It Play Out the Courts: Supreme Court Decision

With a conservative Supreme Court, Trump may choose to let the judicial process unfold and avoid political fallout. If the court rules against DACA, recipients will face immediate uncertainty.

3. Renewal Restrictions

The administration could limit renewals or tighten eligibility requirements:

Tougher background checks.
Shorter renewal periods.
No new applications.

This would leave Dreamers in limbo and more vulnerable.

4. Work Authorization Changes

Work permits, the heart of DACA, could be changed. Possible changes:

Limit the types of jobs Dreamers can work.
Shorten work permits.
Increase fees for renewal applications.

This would impact Dreamers’ financial stability and career prospects.

5. Push for Immigration Legislation

Public sympathy for Dreamers, many of whom are students or essential workers, might keep Trump from acting immediately. Instead, he could focus on other immigration priorities like border security or visa restrictions.

Trump might push for comprehensive immigration reform. That could mean:

A legislative solution for Dreamers in exchange for border security.
Limits on family-based immigration.

Effects on DACA Recipients

The uncertainty around DACA has big implications for recipients. Most are in their late 20s and have built their lives around the program. For many, DACA is not just a legal status but a lifeline to:

Higher education, including grad school.
Job security and career advancement.
Financial stability, including access to loans and mortgages.

Without DACA, recipients will face big disruptions: job loss, deportation risk and reduced access to resources.

Effects on Education and Financial Aid

Federal Student Aid

Current proposals would limit access to federal student loans and grants to institutions that offer in-state tuition to undocumented immigrants, including Dreamers. If that happens:

Affected States:
- 26 states and Washington, D.C. where Dreamers currently qualify for in-state tuition would have to decide whether to keep eligibility or lose federal funding.
Student Impact:
- Barriers to higher education and limited financial aid for Dreamers and U.S. citizens.

State Impact

States like California, Texas and New York with large undocumented student populations will have to make tough decisions on funding and tuition policies.
State legislatures will have to pass new laws to protect educational opportunities for Dreamers.

Workforce Impact

Educational Disruption: Reduced access to higher education will limit Dreamers’ ability to enter skilled professions.
Economic Consequences: Fewer opportunities for Dreamers will mean a less diverse and skilled workforce for industries that rely on them.

What Dreamers Can Do

Experts advise eligible DACA recipients to renew as soon as possible. Renewals currently take 4 months and may take longer under Trump. Consider:

In case of changes, proactive steps can help Dreamers cope with this uncertainty:

1. Renew Early

Submit renewal applications as soon as possible to avoid gaps in status.

2.Stay Informed

Follow reliable news and government sources for updates.

Join support networks and advocacy groups for timely updates and resources.
U.S. Citizenship and Immigration Services (USCIS)
Immigration law firms
United We Dream

3. Get Legal Advice

Talk to an immigration attorney to:
Know your rights.
Explore options.
Plan for contingencies.
Review changes with your attorney regularly to stay ahead of the curve.

4. Other Relief Options

May Include:

Family-based petitions.
U visas for crime victims.
Asylum claims.
Adjustment of status through marriage or employment sponsorship if eligible.
An immigration attorney can help you determine the best options for your situation.

5. Financial and Career Resilience

Online or part-time education to minimize costs while keeping skills up-to-date.
Save for legal and renewal costs to manage uncertainty.

6.Documentation:

Make sure personal and legal documents are up-to-date and accessible.

Moving Forward

DACA is temporary so we need a permanent solution for Dreamers. As policies change, the push for stability and recognition of Dreamers’ contributions will continue. If you’re affected by these changes, get support and be proactive about your future.

Support for Dreamers

Organizations like Sacramento State’s Dreamer Resource Center help undocumented students. These centers offer:

Legal clinics and consultations.
Financial aid guidance.
Mental health and wellness support.
Advocacy for inclusive policies.

Business and Community Leaders

Business leaders must stand up for their DACA employees who are part of the workforce.
DACA recipients work in essential jobs like teaching and nursing so they are vital to the community.
Advocate: Join local and national campaigns for immigration reform and for Dreamers.
Network: Connect with community organizations that offer resources, legal help and emotional support.

Legal Challenges and Ongoing Advocacy

The Biden administration’s push to codify DACA faces legal obstacles:

The Fifth Circuit Court of Appeals is still reviewing the program.
States are challenging expansions like including DACA recipients in the Affordable Care Act marketplaces.
Initial DACA applications have been on hold since 2021.

The National Immigration Law Center (NILC) plays a pivotal role in the fight against anti-immigrant policies, emphasizing the urgency and determination to protect DACA recipients and advocate for the rights of all immigrants.

Advocacy in Action

United We Dream is mobilizing to defend DACA from a potential GOP-led White House and conservative Supreme Court:

· “We weren’t going to get caught by surprise again,” said Juliana Regina Macedo do Nascimento, a DACA recipient and advocate.

Groups will challenge anti-immigrant policies and protect the most vulnerable.

Despite all this immigrant advocacy groups are preparing for the worst.

Understanding DACA: Origins and Challenges

What Is DACA?

Established in 2012: Initiated through executive action by President Barack Obama.
Eligibility Criteria: Protects undocumented immigrants who entered the U.S. as children before 2007, allowing them to obtain work permits and avoid deportation.
Renewal Process: Recipients must renew their status every two years, a process fraught with uncertainty.

Political and Legal Threats

Trump Administration’s Stance: Trump previously sought to terminate the program, but the Supreme Court blocked his efforts in 2020.
Current Legal Battle: A 2023 ruling declared the program illegal due to its creation via executive action. The Biden administration has appealed, leaving the program’s fate in the hands of the courts.
Congressional Challenges: With Republicans gaining control of Congress, legislative solutions for DACA recipients appear unlikely.

DACA by the Numbers

Active Recipients: Over 535,000 individuals currently benefit from the program.
Demographics:
- Country of Origin: The majority are from Mexico, followed by El Salvador and Guatemala.
- State Distribution: Most recipients reside in California, Texas, and New York.
Public Opinion: Polls consistently show that most Americans support a pathway to legal status for DACA recipients.

DACA Court Case Updates: What’s Happening in the Courts

The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.

Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal district court of ruling.

On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous previous rulings.

This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court of Appeals and that case is ongoing.

Without protections, DACA recipients are at risk. So we need legislation.

The Supreme Court could decide the program’s fate in the next two years.

Current Status and Recent Court Activity

An October 10, 2024 hearing in federal court may end up determining the fate of the Deferred Action for Childhood Arrivals (DACA) program.

Here are the arguments, what’s at stake and what could happen.

Fifth Circuit Court of Appeals: Update

Status: The Fifth Circuit Court of Appeals is considering the legality of DACA. Oral arguments were held on October 10, 2024. The decision could be big for the program and thousands of DACA recipients.
Background:

Texas Argument: Financial Burden on States

Increased State Costs: Texas says DACA recipients use public resources like healthcare and education and that costs to the state.
Terminate: Texas Attorney General Ken Paxton says ending DACA would reduce these costs as recipients would leave the U.S. if the program is ended.
Quote from Texas: “DACA imposes significant financial burdens on states like Texas and we should just get rid of it,” Paxton said.

Biden Administration’s Argument: Protecting DACA Recipients

Texas Right to Sue: The Biden administration argues Texas doesn’t have standing to challenge DACA, citing a recent Supreme Court decision that limited Texas’s standing in a similar immigration case.
Protect Current DACA Recipients: Justice Department lawyer Brian Boynton asked the court to keep DACA protections for current recipients even if new applications are blocked.
Broader Impact: The Biden administration says ending DACA would upend the lives of thousands who have built careers, families and communities in the U.S., and argues that the executive authority allows the administration to protect these individuals.

The Judges

Judicial Panel: The case is before a three-judge panel:

Judge Jerry Edwin Smith – Reagan appointee
Judge Edith Brown Clement – Bush appointee
Judge Stephen A. Higginson – Obama appointee

Appeal: If the decision is adverse to DACA the case will go to the Supreme Court which previously blocked the Trump administration’s attempt to end the program but has not yet ruled on the legality of DACA.

Timing: A decision from the Fifth Circuit could come in a few months. This will either affirm or block DACA and will likely be appealed to the Supreme Court for the final decision.

Opening Briefs: For Federal Government

For DACA Recipients

For Texas

Reply Briefs: Federal Government

Daca Recipients

Supreme Court’s Involvement

Review: If the Fifth Circuit decides against DACA the Biden administration will likely appeal to the Supreme Court. The Court could then take the case and hear it as early as spring 2025.
Supreme Court Ruling: A decision will be huge. If the Court agrees with the Fifth Circuit, DACA would end and:
- No Renewals: DACA recipients would not be able to renew.
- Loss of Work Authorization: Over 500,000 would lose their right to work and could be deported.
- Economic Impact: 1,000 DACA recipients would lose their jobs each week for two years if renewals stop.

Next Steps

Decision forthcoming: The three-judge panel has not given a timeline but any decision will be appealed to the Supreme Court.
Previous Precedent: In 2020 the Supreme Court blocked an attempt to end DACA on procedural grounds. But the Court has not ruled on whether DACA itself is lawful.

Quotes from Supporters

Vice President Kamala Harris: A long-time advocate for DACA, Harris said, “As Attorney General of California, as a U.S. Senator and now as Vice President I’ve fought to defend and protect DACA. We must get a path to citizenship for Dreamers.”

Advocates worry: Ending DACA would harm recipients many of whom have lived in the U.S. most of their lives and have U.S. born children who depend on their ability to work.

FAQS on DACA in Light of Litigation

What if the Fifth Circuit agrees with Judge Hanen?

If the Fifth Circuit rules DACA is unlawful:

Status quo might continue and current DACA recipients can renew while the case goes to the Supreme Court.
Or DACA recipients can keep their status and work authorization until it expires and not be able to renew.
Immediate loss of deportation protection and work authorization for all DACA recipients is unlikely.

What does this mean for current DACA recipients?

Renewals: Current DACA recipients can submit renewal applications to renew their status and Employment Authorization Document (EAD) before it expires. USCIS recommends submitting renewals 120-150 days before the expiration date.

What if My DACA has Expired?

If your DACA expired less than a year ago you can apply as a “renewal” applicant.
If your DACA expired more than a year ago or was terminated you are now an “initial” applicant. USCIS accepts these applications but cannot approve them until the injunction is lifted.

Can New Applicants Apply Now?

Those who have never had DACA can file an initial application but USCIS cannot approve it until the injunction is lifted. Filing fees are non-refundable and applications will be held.
Due to a court order, USCIS will accept but not process initial DACA requests.

What about Initial Applications filed since July 16, 2021?

Because of the court order DHS is permanently barred from approving initial DACA applications. Applications filed since July 16, 2021 will be held and filing fees will not be refunded.

Can I get Advance Parole for current DACA recipients?

Yes, advance parole is available for current DACA recipients who meet the eligibility criteria including educational, employment or humanitarian reasons. Recipients with advance parole can continue to travel and return to the U.S. as before. See CLINIC’s Advance Parole FAQs for more information.

Will My Information be shared with ICE?

Personal information in DACA applications is protected under USCIS policy and will not be shared with ICE unless enforcement is initiated for a criminal offense, fraud or security risks. Information about family members is also protected.

Where can I find more information?

USCIS has up-to-date DACA litigation information and FAQs on their website. See USCIS DACA FAQs.

Tips for DACA Recipients

Understand the Injunction. USCIS is not processing initial DACA applications due to the injunction. Anyone applying as an initial applicant, including former DACA holders with a gap over one year, should know that their application will not be processed at this time.
Identify When and How to File for Renewal. Make sure you are aware of the importance of filing on time. You should file for renewal within 120-150 days prior to expiration.

USCIS continues to process DACA renewal requests despite ongoing legal challenges. This ensures that current grants and renewals will be honored until expiration unless individually terminated.

Understand Advance Parole Benefits and Risks. Educate yourself on advance parole benefits if you have immediate family members. This travel authorization can help certain relatives adjust status. Talk to a lawyer about inadmissibility risks that could complicate reentry especially if you have a criminal record.
Screen for Other Immigration Relief. Consider other immigration options as DACA recipients may have other paths to relief or permanent residency. A deeper dive into your situation may reveal new eligibility based on changed circumstances, such as the U Visa for Victims of Crime. Look into relief options in removal proceedings such as VAWA or non-LPR cancellation.
Follow Legislative Updates. Stay informed on any legislative changes that could open up paths to permanent residency for DACA recipients.

A History of DACA Legal Challenges

As they say, to know what the future holds, you have to know the history. It is important to know the history of DACA litigation, and the opposition that really gained momentum starting in 2017.

Early Challenges and Supreme Court Review in 2020

Initial Legal Battles: The DACA program was created in 2012, was modified in 2014, but faced intense opposition in 2017 when the Trump administration tried to end it. Lawsuits followed and in 2020 the Supreme Court ruled that the termination was procedurally improper and DACA could continue.
Procedural Focus: The Supreme Court’s 2020 decision did not address whether DACA was legal; it only found that the Trump administration didn’t follow the process.

Judge Andrew Hanen’s Decisions

2021 Decision: In 2021, Judge Andrew Hanen of the Southern District of Texas ruled that DACA was illegal, saying the Obama administration had exceeded its authority by creating DACA without Congressional approval. He issued an injunction on new applications but allowed current recipients to renew.
Biden Administration’s Response: In response, the Biden administration tried to codify DA CA through a formal rulemaking process in 2022. ButJudge Hanen blocked the new regulation and stuck to his opinion that DACA was illegal.

DACA Timeline & Key Decisions

2012: DACA was created under Obama administration to protect young people who were brought to the U.S. illegally as children and gave them work permits and relief from deportation.
2018: Texas and nine other states sue DACA. Claims: Texas argued that the Department of Homeland Security (DHS) violated the procedural and substantive requirements of the Administrative Procedures Act (APA) and the Constitution’s Take Care clause.
2020: Supreme Court rules the Trump administration’s attempt to end DACA was procedurally improper and DACA can continue temporarily.
2021: Judge Hanen rules DACA is illegal, blocks new applications but allows renewals. Hanen ruled DACA was illegal because it didn’t go through the formal rulemaking process required for federal regulations.
2022: Biden administration issues a DACA rule. In response to ongoing lawsuits, the Biden administration issued a final rule to formally codify DACA hoping to make it legal. But Judge Hanen blocked that rule and this is the current ruling.
2023: Judge Hanen who has previously ruled against DACA said the Biden administration’s attempt to codify the program into a federal regulation was illegal. Those already in the program will continue to have status for now. New DACA applications are still blocked as they are not allowed to apply. Hanen sympathized with DACA recipients and their families but said only Congress can create immigration laws. He said the Executive Branch can’t bypass Congress to implement policies even to address emergencies.
2024: The Fifth Circuit is currently hearing the appeal of Hanen’s ruling. A decision is pending which can be appealed to the Supreme Court.

Wider Impacts on Dreamers and Their Families

The Economic and Social Consequences of Ending DACA

Workforce Contributions: DACA recipients are a big part of the U.S. workforce, with over 300,000 Dreamers working in healthcare, education and business services. Their contributions are worth around $14 billion annually.
Family and Community Effects: One-third of DACA recipients are married and many have U.S. born children. Ending DACA would affect not only the recipients but also their families and communities, including around one million U.S. citizens who live in households with a DACA recipient.
Financial Losses: If DACA ends, states will lose over $150 billion in tax revenue and hundreds of billions in economic contributions.

Congress Inaction and Need for Legislative Fix

Why Congress Must Act

Stalled Process: Since DACA was created in 2012, there has been no movement in Congress to pass a bill to create a permanent solution for Dreamers.
Eligibility Limitations: DACA’s eligibility requirements which require applicants to have been in the U.S. since 2007 have not been updated. This excludes a big chunk of young immigrants who have arrived since then and are otherwise eligible.
Ineligible Dreamers: There are around 2 million young immigrants in the U.S. without DACA protections, 400,000 of whom would be eligible but can’t apply due to court injunctions. Most undocumented high school graduates today are not eligible under current DACA rules.

Recent Actions by the Biden Administration

Expanded Parole: The Biden administration has introduced measures to expand “parole in place” for the spouses of U.S. citizens, giving potential temporary relief to some Dreamers and their families. This is now been struck down in federal court.
Simplified Waiver Process: Changes to the D-3 waiver process will reduce obstacles for some Dreamers to have a legal way in on a work visa and potential green card.

Need for Legislation

Congress’s Job: While administrative actions give temporary relief, only Congress can pass a permanent solution, a pathway to citizenship for Dreamers.
Take Action: As DACA is in legal limbo, advocates say we need a legislative fix that will give permanent protection and stability to Dreamers.

Biden’s New Policy Makes Work Visa Process Easier for U.S. Graduates and Dreamers

On June 21, 2024, the Biden administration announced a new policy to simplify the work visa application process for foreign nationals educated in the U.S., including DACA recipients, also known as Dreamers.

This will help highly skilled individuals who graduated from U.S. colleges and universities to stay in the country and contribute to the economy.

Policy Highlights

What’s New: U.S. graduates, including DACA recipients, can now apply for work visas faster if they have a job offer in their field. For DACA holders, it is complicated. See below.
Objective: This policy will keep highly educated individuals as they can contribute to U.S. competitiveness and innovation.
Broader Context: This fits with the administration’s overall approach to support immigrants, especially Dreamers, by recognizing their value to the U.S. workforce and society.

Policy: Easier Pathways for High Skilled Workers

1. Simplified Application Process

Clarification and Changes: The government will simplify and speed up the employment visa application process so it’s more clear and accessible for skilled graduates, including DACA recipients.
Why: By doing so, the administration hopes to make it easier for highly educated immigrants to stay in the U.S. and fill jobs in various fields.

2. U.S. College Graduates First

Eligibility: The new policy doesn’t change the basic requirements for work visas like H-1B. But there may be prioritization for applicants who graduated from U.S. colleges, including Dreamers.
How it Works: Details are still to be announced but it may involve giving preference to applicants with U.S.-based education which could increase their chances in the selection process.

3. Waivers for Prior Unlawful Presence

Waiver Changes: For individuals with prior unlawful presence in the U.S., the policy will provide more clarity and speed up the waiver process.
Consular Discretion: Consular officers will have more discretion to recommend waivers for applicants and DHS will grant them. This could give Dreamers more flexibility to get visas despite past immigration issues.

4. National Interest

Retention: The U.S. government considers retaining foreign-educated talent as in the national interest.
Employers and Talent Shortages: The policy also helps American businesses address talent shortages, especially in high demand areas.

5. Expanded Definition of High Skilled Jobs

Job Categories: The government may expand the definition of “high skilled jobs” beyond STEM fields to include non-STEM roles that require advanced education and specialized skills.
More Fields: This could open up more visa paths for individuals in various fields and make the U.S. a more welcoming place for skilled workers.

Why This Matters for Dreamers

For Dreamers, this means a clearer pathway to long term stability in the U.S. Currently DACA only provides temporary work permits but H-1B visas provides a separate status and can lead to permanent residency.

Path to a Green Card:
Dual Intent: H-1B visas have “dual intent” which means recipients can work in the U.S. while pursuing permanent residency.
Employer Sponsorship: With an H-1B visa, employers can sponsor employees for a green card and a pathway to citizenship through EB-2 or EB-3.
Past Barriers: Many Dreamers faced barriers in getting work visas due to prior unlawful presence. This new policy could remove some of those barriers and give them more stable employment and immigration options.

Background and Issues

Historical Context: While Dreamers with degrees have been eligible for H-1B visas, the process was difficult because of prior unlawful entry which affected their ability to get certain benefits.
Legal Risk: With DACA’s legal status always under threat, some have been hesitant to apply for work visas (by leaving the U.S. and pursuing consular processing) fearing changes in DACA policies could affect their visa eligibility.

Streamlining the 212(d)(3) Waivers: For DACA Recipients, Dreamers and Others

The 212(d)(3) waiver, also known as the D-3 waiver, is a lifeline for DACA recipients and Dreamers applying for temporary work visas at U.S. Embassies. This waiver allows eligible individuals to get nonimmigrant visa status without facing years of exclusion from the U.S. By fixing this process, DACA recipients and others can get stable employment, pathway to permanent residency and potentially citizenship.

D-3 Waiver Updates

New State Department Policy (July 2024): The State Department updated the Foreign Affairs Manual to state that D-3 waivers for individuals with U.S. degrees who are offered U.S. based employment is in the public interest. This will prioritize and expedite the waiver process for qualified applicants.
Interagency Collaboration: The Department of Homeland Security (DHS) is working with other agencies to streamline the waiver process to support DACA recipients and other eligible individuals to get nonimmigrant employment based visas.

Why D-3 Waivers Matter for DACA Recipients and Dreamers

Overcoming Nonimmigrant Visa Barriers

Legal Pathways: DACA recipients and other Dreamers who have degrees and work skills can qualify for employment based visas such as the H-1B visa for specialty occupations.
Potential Block: Because many DACA recipients lived undocumented in the U.S. prior to DACA, they may be subject to immigration bars if they leave the country and will be restricted from re-entering the U.S. for up to 10 years. The D-3 waiver can temporarily lift these bars so they can re-enter the U.S. with a valid visa.

Eligibility and Impact

Educational and Workforce Readiness: According to FWD.us, 49% of DACA recipients have some college education and many have degrees:
40,000 have associate degrees
70,000 have bachelor’s degrees
17,000 have advanced degrees
Employer Sponsorship: By being sponsored for work visas, DACA recipients can get stable work authorization which also benefits U.S. employers by allowing them to retain skilled employees.
Pathway to Residency and Citizenship: For certain visa categories like H-1B, sponsorship can create a pathway to permanent residency and ultimately citizenship.

Current D-3 Waiver Process and Issues

The current D-3 waiver process requires applicants to leave the U.S., apply for a visa at a U.S. consulate or embassy and wait for approval from the Department of State and DHS. This process is full of risks and uncertainties as applicants only find out the outcome after they leave the U.S. and can be away for a long time.

Key Issues

Inconsistent Processing Times: Processing times vary by location and are unpredictable for applicants and employers.
Risk of Extended Exclusion: If the waiver is denied, applicant may be barred from re-entering the U.S. for up to 10 years.
Employer uncertainty: Employers can’t retain skilled employees who are stuck outside the country.

D-3 Waiver Process Improvements

The new Foreign Affairs Manual updates are a step in the right direction. It states that it is in the public interest to admit individuals who have U.S. degrees or skilled credentials and that these cases should be prioritized.

Additional Reforms Needed

To make it even better:

Pre-Departure Waiver Approval:

Allow applicants to apply and get waiver approval before leaving the U.S. like the provisional unlawful presence waiver for green card applicants. This would reduce time outside the U.S. and increase chances of re-entry.

Centralized and Uniform Processing:

Designate specific embassies and consulates to process D-3 waiver requests so processing is centralized and applicants don’t have to travel as much.
Process at third country consulates so it’s easier and less expensive for applicants.

Consolidated Approval Process:

Consolidate waivers within DHS and DOS so the process is streamlined and uniform across all locations.

These wouldn’t create new visa categories, just streamline the waiver process for existing visa pathways so more eligible individuals can participate in the program.

Impact if Implemented

If done, this could benefit tens of thousands of DACA recipients, Dreamers and other qualified individuals:

Economic Benefit: Allowing individuals to get visas without long absences would strengthen the U.S. workforce across industries.
Employer Benefit: Streamlined waivers would allow employers to invest in and retain skilled workers, long term team stability.
Greater Certainty for Applicants: Predictable processing and pre-approval options would encourage more Dreamers and DACA recipients to apply for nonimmigrant visas and open up pathways to long term residency and citizenship.

The new Foreign Affairs Manual updates are a step in the right direction for a more streamlined D-3 waiver process but there’s more to be done. By having pre-departure waiver approvals, centralizing processing and standardizing across locations, DHS and DOS can make it easier for qualified individuals to get visas, return to the U.S. quickly and contribute to American society.

How to File for DACA Renewal

Deferred Action for Childhood Arrivals (DACA) grants work authorization and protection from deportation to eligible young immigrants who came to the U.S. as children. Despite ongoing legal challenges, courts are mandating the continuation of processing DACA renewal requests. With ongoing legal challenges and policy changes, it’s crucial to stay up to date. Here’s a comprehensive guide to DACA renewal eligibility, renewal application process, and how to navigate the process.

DACA Renewal Reminders

Processing Time for Renewals

USCIS Processing Time: USCIS aims to process most DACA renewals within 120 days. Current data shows the median processing time for FY 2023 was about a month, but some requests in early FY 2024 took up to 2 months.
Filing Window: USCIS recommends filing between 120-150 days(4-5 months) before the current DACA period expires. Filing within this window minimizes the chance of status lapses and work authorization.

2. Don’t File Early

Filing Early Doesn’t Expedite Processing: Filing your renewal more than 150 days before your current DACA expires will not speed up the process. Filing outside the recommended window may not get you any processing benefits.

Recent Court Decisions on DACA

1. September 13, 2023 Court Decision on DACA’s Lawfulness

Judge’s Order: September 13, 2023, U.S. District Judge Andrew Hanen ruled the DACA Final Rule is unlawful. This decision expands a prior 2021 injunction, blocking new applications but allowing current recipients to stay in status.
Partial Stay: The judge’s order keeps existing DACA protections in place for current recipients. But no new applications will be processed under this order, although USCIS will accept initial applications and not take any action on them. While individuals may apply for consideration of DACA, the current regulations prevent DHS from granting initial DACA requests due to ongoing legal challenges.

2. Current and New Applicants

Current Recipients: Those with valid DACA and EADs will keep their protections until their current period expires and can continue to live and work in the U.S. without fear of deportation.
New Applicants: USCIS will accept initial applications but cannot process them. Only renewals for existing DACA recipients will be reviewed.

DACA Eligibility

Basic Eligibility for Initial Applicants

Though initial applications are not being processed, it’s good to know the eligibility requirements in case of future changes. Applicants must meet:

Age Requirement: Under 31 as of June 15, 2012.
Date of Arrival: Arrived in the U.S. before 16th birthday.
Continuous Residency: Lived in the U.S. since June 15, 2007, up to the time of application.
Physical Presence: Physically present in the U.S. on June 15, 2012, and at the time of filing.
No Lawful Status: Had no lawful immigration status on June 15, 2012.
Education and Military Service: Currently in school, graduated from high school, GED, or honorably discharged from the military.
Criminal Record: Not convicted of a felony, significant misdemeanor or 3+ misdemeanors and not a threat to public safety.

Individuals who obtained their initial DACA status prior to July 16, 2021, are still recognized in terms of their current grants and related employment documents.

Age Requirements

Birthdate Cutoff: You must be born on or after June 16, 1981.
Under 16 on Arrival: DACA applicants must have arrived in the U.S. before 16 to be eligible.

How to File for DACA Renewal

1. Collect Supporting Documents

To support your application for DACA renewal, gather documents that prove you meet each eligibility requirement.

Examples of Required Documents:

Proof of Identity: Passport, national ID or government-issued photo ID.
Proof of Arrival Before 16: Passport stamps, school records or other immigration documents.
Proof of Continuous U.S. Residency Since June 15, 2007: School transcripts, employment records, pay stubs or medical records.
Proof of Presence on June 15, 2012: Rent receipts, utility bills, dated bank transactions or school records.
Proof of Educational or Military Status: U.S. high school diploma, GED or military discharge papers.

2. Fill Out the Required Forms

Applicants must fill out:

Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
Form I-765: Application for Employment Authorization.
Form I-765WS: Worksheet to support the work authorization request.

Note: Make sure to use the latest versions of these forms from the USCIS website, as older forms will be rejected.

3. Pay the Required Fee

DACA applications require a non-refundable filing fee of $85. There is no fee waiver for DACA but fee exemptions are available in limited cases for those who can’t afford the fee. I-765 filing fee if filing by paper is $520, and $470 if filing online.

Fee Exemptions: Limited Availability

USCIS offers fee exemptions for DACA applicants in extreme financial hardship. To be eligible, you must show one of:

Severe Disability: Unable to care for oneself due to a chronic disability, with an income below 150% of the poverty level.
High Medical Debt: $10,000 or more in medical expenses in the past year, with an income below 150% of the poverty level.
Minor with Limited Financial Support: Under 18 years old, income below 150% of the poverty level and homeless, in foster care or no family support.

Documentation for Fee Exemptions:

Affidavits from organizations.
Tax returns, bank statements or other income proof.
Medical records or bills to prove unreimbursed expenses.

Using a USCIS Online Account for DACA Applications

USCIS has an online account system for applicants to manage their DACA cases.

Benefits of a USCIS Online Account:

Track your case in real time.
Get updates and notifications directly.
Update your contact information and personal details easily.

For legal representatives, having a USCIS account allows you to manage multiple clients’ cases, making it easier to track DACA cases.

Travel for DACA Recipients

DACA recipients should be aware that some travel restrictions will impact their continuous residence.

Travel Before August 15, 2012: Short trips outside the U.S. before this date generally don’t affect eligibility.
Advance Parole Required: For travel after August 15, 2012, you must get advance parole or you will lose DACA and re-entry may be restricted. Unauthorized travel will result in termination of DACA.
How to Apply for Advance Parole: You can apply for advance parole for humanitarian, educational or employment purposes.

Criminal Convictions that Affect DACA Eligibility

Some convictions will disqualify you from DACA. These include:

Felony Convictions: Any felony is disqualifying.
Significant Misdemeanors: Domestic violence, DUI, drug trafficking, firearms offenses.
Multiple Misdemeanors: Three or more non-significant misdemeanors not from the same incident will disqualify you.

Protect yourself from Immigration Scams

USCIS warns applicants to beware of scams and get information only from official sources. Unauthorized individuals will promise faster service for a fee but they can’t expedite the process.

Find a Reputable Attorney: USCIS has resources to help you find licensed attorneys or accredited representatives. Always check the qualifications of any advisor before sharing personal info or paying fees.

DACA Fraud

Applicants should be aware of the serious consequences for lying on DACA applications.

Consequences of Lying: Fraudulent applications are a federal crime, punishable by fine or imprisonment. False statements can lead to deportation and impact future immigration opportunities.

Why Timing Matters for Renewal

To keep your DACA and Employment Authorization Document (EAD) benefits, you need to renew before your current DACA and EAD expires. Renewing too close to the expiration date can result in your EAD expiring and you may not be able to work legally and could start accruing “unlawful presence” which can impact future adjustments to a lawful immigration status.

USCIS Recommended Renewal Timeline

Apply 120-150 Days Before Expiration
USCIS advises DACA recipients to submit their renewal applications 120-150 days before their current DACA and EAD expiration date. This is called the “application window”. Applying within this window will avoid gaps in protection and work authorization.

The DACA Renewal Calculator at the end of this guide will help you find this 120-150 day application window.

Get Ready for Your Renewal

Check Your Expiration Date:
Find the expiration date on your EAD. Use this date as your reference point.
Plan Ahead for Documents:
Gathering required documents including any police records may take time. Plan ahead so you have everything ready for a smooth process.
Consult with an Attorney:
Before applying, consult with a licensed attorney or accredited representative from a non-profit organization that specializes in immigration services. They can give you personalized advice based on your case.
Schedule Legal Help Early:
It can take weeks to get an appointment with a legal service provider or find a free legal clinic. Start early so you can get the help you need.

DACA Renewal Calculator

Enter your EAD expiration date(example: January 01, 2024)
See the recommended dates to submit:

Submit AFTER: (Date 150 days before EAD expires)
Submit BEFORE: (Date 120 days before EAD expires)

Using this guide and calculator will help you avoid delays and stay protected under DACA. Always recommended to consult with a legal expert for specific situations.

What to Do Now: Renewal and Advance Parole

Renewal is still important to stay under DACA. Here’s what to consider:

Renewal Timing: U.S. Citizenship and Immigration Services (USCIS) recommends submitting renewal applications 120-150 days before expiration. Renewals are being processed quickly, in weeks or even days in some cases.
Wind-Down: Even if DACA is ruled unlawful, the courts may allow a 2-year wind-down, so recipients can renew and stay protected for a little while. This would give recipients time to explore other options.

Advance parole allows DACA recipients to travel abroad for:

Humanitarian Needs: Visit sick relatives, attend funerals or get medical treatment.
Educational Purposes: Participate in study abroad programs or academic conferences.
Employment Purposes: Attend international work assignments, interviews or training sessions.

Travel Risks: Although advance parole is still available, legal uncertainty is a risk. If DACA is terminated while you’re abroad, re-entry could be complicated. Always consult with a legal expert before traveling.

Potential for adjustment of status through marriage to US Citizen: Re-entry to the U.S. on advance parole, will cure the prior “entry without inspection,” thus making the DACA recipient eligible for adjustment of status through marriage to a U.S. citizen.

Long-Term Options for DACA Recipient

Since DACA is temporary, it’s important to explore other immigration options. DACA recipients should get screened regularly as life changes may open up new paths. Some options include family-based petitions, employment-based visas, U visas and more.

A. Family-Based Petitions

Family-based petitions allow certain family members to sponsor DACA recipients for permanent residency:

Immediate Relatives of U.S. Citizens: Spouses, parents and unmarried minor children of U.S. citizens can often apply without waiting for a visa to become available. This path is faster than others since it’s not subject to visa quotas.
Preference Category Relatives: Adult or married children of U.S. citizens and spouses or children of lawful permanent residents (LPRs) may have longer waits. These cases are subject to visa availability and may require additional steps.

For some, family-based petitions may allow adjustment of status in the U.S. so you don’t need to go through consular processing abroad which can be risky.

B. Employment-Based Immigration

DACA recipients may also be eligible for employment-based visas, especially those with specialized skills or education:

H-1B Visas: DACA recipients with a bachelor’s degree or higher and specific skills may be eligible for this visa which is commonly used by tech companies and other specialized industries.
Other Employment-Based Categories: Some may be eligible under employment-based immigrant visa categories for individuals with extraordinary ability, professional achievements or investment interests. An employer must sponsor these applications and visa numbers are capped annually.

DACA recipients should consult with an immigration attorney who specializes in employment visas to see if you qualify as this path requires a well-prepared application and often a long wait.

C. U Visa for Crime Victims

The U visa is an option for DACA recipients who have been victims of certain crimes and have cooperated with law enforcement:

Eligibility: To qualify, applicants must be victims of certain crimes (e.g. domestic violence, assault) that occurred in the U.S., cooperate with law enforcement and meet other requirements.
Deferred Action with Bona Fide Determination (BFD): Recently, USCIS has accelerated the U visa process through the BFD, granting work authorization and deferred action to eligible applicants while they wait for full adjudication. This can get work authorization for DACA recipients earlier than before.

This visa also offers a path to LPR status after 3 years, so it’s a long-term solution for those who qualify.

D. Travel on Advance Parole for Adjustment of Status

Advance parole can be important for DACA recipients who are pursuing family-based petitions especially if they entered the U.S. without inspection:

Adjustment Eligibility: DACA recipients who enter the U.S. on advance parole are considered “inspected and paroled” which is a key requirement for adjustment of status.
Immediate Relative Requirement: This path is most useful for immediate relatives of U.S. citizens. Other family members in preference categories may still have restrictions due to specific adjustment bars.

However, travel on advance parole is not a guarantee of re-entry and may be risky so consult a lawyer.

Other Immigration Options and Considerations

245(i) Adjustment Eligibility

Under the Immigration and Nationality Act (INA) § 245(i), some individuals can adjust status in the U.S. even if they entered without inspection or worked without authorization. Key points:

Grandfathered Petitions: If a family or employment petition was filed on or before April 30, 2001 and the applicant was named or qualified as a derivative beneficiary, they may be eligible for adjustment.
With Newer Petitions: If the original petition is no longer valid, 245(i) eligibility can be used with a newer petition and adjust status without leaving the country.

This is great for older DACA recipients or those whose parents had petitions filed before 2001.

Employment-Based Adjustment with Current Employer

Some DACA recipients may be eligible for an employment-based adjustment due to their professional qualifications and work history:

Professional Degrees and High Demand Skills: Many DACA recipients have bachelor’s or advanced degrees and can qualify for employment-based sponsorship through their current employer.
Corporate Support: Companies, especially in tech and other high-demand fields, are interested in sponsoring DACA employees to retain talent.

Given the complexity of employment-based visas, recipients should consult with specialized immigration lawyers to navigate these options.

Plan for Uncertainty

Since DACA is in legal limbo, recipients should explore all possible immigration options. Here’s what to do:

File DACA Renewals on Time: Submit renewal applications within USCIS’s timeframe to avoid gaps in protection.
Use Advance Parole Wisely: Advance parole is still available but travel should be planned carefully given the legal risks.
Get Screened Broadly: DACA recipients should get screened for family-based, employment-based and other forms of immigration relief.
Stay Informed: Legal and policy changes can affect DACA’s future. Recipients should stay up to date and consult with immigration lawyers as needed.

Traveling for DACA Recipients: How to Apply for Advance Parole (And Attain Eligibilty to Adjust Status)

Advance Parole is a permit that allows DACA recipients to travel outside the U.S. and re-enter lawfully. But there are rules and procedures to follow. Below we explain how to apply, eligibility, required documents and tips for safe travel.

Before You Travel

Approval Required: DACA recipients must wait until their DACA is approved before traveling. Traveling outside the U.S. without approved Advance Parole will result in loss of DACA status.
Re-entry Not Guaranteed: Even with Advance Parole, re-entry is subject to inspection at the border and can be denied.
Get Legal Advice: Consult with an immigration lawyer before making travel plans to understand the risks.

What is Advance Parole?

Advance Parole is a travel document issued by USCIS that allows DACA recipients to leave and re-enter the U.S. legally. It’s usually for:

Humanitarian: Visiting sick or elderly relatives, attending funerals or medical treatment.
Educational: Study abroad programs or academic research.
Employment: Overseas assignments, conferences, training or work-related meetings.

Filing Fee: $630

Advance Parole Benefits and Limits

Benefits

Legal permission to travel and re-enter the U.S.
Opportunities for academic, employment or family travel.
Potential enabling of eligibility to adjust status

Limits

Delayed or Denied Re-entry: You can be denied re-entry when you return to the U.S.
Limited to Approved Purposes: Travel for vacation or leisure will not be approved.
Time-Limited: Travel must be done within the time frame approved by USCIS.

Who Can Apply for Advance Parole?

DACA recipients can apply for Advance Parole if:

They have approved DACA.
They have a valid reason for travel under humanitarian, educational or employment categories.

How to Apply for Advance Parole

Step 1: Check Eligibility and Purpose of Travel

Before applying for Advance Parole, consult with an immigration attorney to confirm your eligibility. Certain factors like removal orders or unlawful presence may bar your re-entry to the U.S.

Common Questions on Eligibility

How do I check my immigration history? Contact an attorney to review your file.
Can I travel with a removal order? Travel with caution and consult an attorney

Purpose of Travel

Humanitarian: Visits for medical treatment, funerals or family emergencies.
Educational: Academic programs or research abroad.
Employment: For work assignments, conferences or training abroad.

Basic Eligibility Questions: Answering “No” to any of the following means you are not eligible for Advance Parole now.

Is your DACA approved?

Renew at least 120 days before expiration.

Do you need to travel for education, employment or humanitarian purposes?

Select all that apply: Education, Employment, Humanitarian.

Do you have a passport?

Further Questions
If you answer “Yes” to any of the following, consult an immigration attorney before applying for Advance Parole.

Have you been in removal proceedings?
Do you have other pending immigration applications?
Will your DACA expire during your travel dates?
Do you have a criminal record or outstanding fines?

Step 2: Fill out Form I-131, “Application for Travel Document”

On Part 2 of the form, check Box 1.d under “Application Type” for Advance Parole.
Enter your travel dates and purpose.
Leave reentry permits and refugee travel documents sections blank.

Step 3: Gather Supporting Documents

Provide proof of why you need to travel. Examples:

Humanitarian: Medical records, death certificates or proof of family relationship.
Educational: Acceptance letters to study abroad programs, research approval or letters from academic advisors.
Employment: Employer letters, conference invitations or work-related travel documentation.

Step 4: Assemble the Application Package

Package contents should include:

1. Cover Letter: Be brief and state the purpose of your trip and list the documents you are including.
2. Form I-131: Fill out USCIS Form I-131(Application for Travel Document). Right now it must be submitted as a paper application.
3. Purpose Statement: State clearly why your travel is necessary (humanitarian, education or employment).
4. Supporting Documents: See below for required documents based on purpose of travel.
5. DACA Approval Notice: Include a copy of your most recent I-797.
6. Employment Authorization Document: Include a copy of your EAD.
7. Passport Photos: Two recent passport sized photos.
8. Application Fee: A check or money order for $630 made out to “U.S. Department of Homeland Security.”

Supporting Documents

Education: Official enrollment letters, program syllabi, acceptance letters or letters from academic advisors explaining how the travel will benefit your studies.
Employment: Employer letters explaining the need for travel, conference registration or invitations for work related events.
Humanitarian: Medical records for yourself or ailing relatives, birth or death certificates to prove relationships and statements from family members.

Tip: Make two copies of your application. Keep one with you during travel and leave one with a trusted contact in the U.S.Completed I-131 application

Step 5: Submit

Mailing Address:
USCIS
P.O. Box 5757
Chicago, IL 60680-5757
Keep a Copy: Always keep a copy of your application and supporting documents.

Step 6: USCIS Resources

Check the USCIS I-131 instructions for more information.

Step 7: Travel Preparation

Documents to Carry

Original Advance Parole approval (I-512L)
DACA Approval Notice
Supporting documents for purpose of travel

Step 8: Re-entering the U.S. with Advance Parole

When you get back, you will go through inspection at the port of entry and CBP may ask you questions about your trip. Stay calm and have all your documents ready.

Advance Parole Travel Tips

Consult an Immigration Attorney: Before you leave, consult with an attorney to confirm your travel plans are safe and to discuss any risks.
Monitor Travel Dates: Don’t exceed the time frame on your Advance Parole.
Leave Early: Plan to return well before your Advance Parole expires to account for delays.
Bring Documents: Bring your Advance Parole and DACA approval notices with you.
Leave with Someone You Trust: Make sure a family member or representative in the U.S. has copies of your approval documents in case of an emergency.
Emergency Contacts: Carry contact information for family members and legal representatives.

Emergency Advance Parole Requests

For emergency situations, you may be able to request expedited processing of Advance Parole. But the reason must be serious, like a medical emergency or family emergency. Always check with USCIS for current instructions on emergency requests.

Traveling on Advance Parole Risks

Traveling abroad with Advance Parole has risks, including being denied re-entry. Travel history may also impact future immigration options so consult with an immigration attorney to consider these risks.

More Resources

Immigrants Rising Advance Parole Travel Guide: Funding, application process and travel tips with audio stories from DACA recipients.
American University’s Defending the AU Dream Initiative: Traveling abroad as a DACA recipient.
Immigrant Legal Resource Center (ILRC): DACA re-entry guide for Advance Parole holders.

Advance Parole FAQs for DACA Recipients

General Advance Parole Question

What is Advance Parole?
Advance Parole is a permit that allows certain immigrants, including DACA recipients, to re-enter the United States after traveling abroad. Without it, you can lose DACA and face big legal problems when you re-enter.

Why would a DACA recipient want Advance Parole?
DACA recipients may need to travel abroad for specific reasons such as educational programs, job opportunities, family events (weddings or funerals) and humanitarian purposes. Advance Parole allows you to travel without losing DACA. In some cases, re-entry on Advance Parole renders the individual eligible to adjust status via marriage to a US citizen.

What are the valid reasons to apply for Advance Parole as a DACA recipient?
Valid reasons include:

Educational: Study abroad programs, academic research etc.
Employment: International work training, assignments etc.
Humanitarian: Visiting a sick or deceased relative, medical needs etc. USCIS reviews applications on a case-by-case basis so documentation supporting the purpose is required.

Is Advance Parole a guarantee I can re-enter the U.S.?
No, Advance Parole is permission to apply for re-entry but not a guarantee of admission. U.S. Customs and Border Protection (CBP) officers have the discretion to deny entry if they find grounds for inadmissibility or other issues.

Eligibility and Application Process

Can any DACA recipient apply for Advance Parole?
Generally, DACA recipients can apply but they cannot have certain criminal backgrounds or immigration violations that would make them ineligible. They must also have a valid reason to travel.

How do I apply for Advance Parole?
You need to fill out Form I-131 (Application for Travel Document), submit it to USCIS along with supporting documentation for your travel purpose and pay the filing fee. Applications are processed by USCIS and can take several months to be approved.

What documents do I need?
Supporting documents vary depending on the reason for travel:

Humanitarian: Medical records, doctor’s letters or death certificates.
Educational: School letters, program information or itinerary.
Employment: Employer letters, details of the assignment etc.

How long does it take for USCIS to process Advance Parole for DACA?
Processing times vary but it usually takes 3-6 months. Apply early as expediting is rare and only granted in exceptional circumstances.

Can I expedite my Advance Parole?
Expedites are only granted for urgent humanitarian reasons such as a medical emergency or death in the family. You must submit evidence of the emergency and request an expedite directly to USCIS.

Can I file Advance Parole online?

No, currently it must be mailed.

What if I need a document translated?

Include a certified translation if necessary.

Can I file for DACA renewal and Advance Parole at the same time?

Yes, you can but make sure to follow each process correctly

Traveling with Advance Parole

How long can I travel outside the U.S. on Advance Parole?
The approved period varies depending on your application. USCIS generally issues Advance Parole for short trips (usually no more than two to four weeks). Extended stays can raise flags with CBP upon re-entry.

Can I extend my Advance Parole if my trip needs to be longer?
No, Advance Parole cannot be extended. If you need to stay longer you may need to reapply but this can cause complications when re-entering the U.S.

What if my Advance Parole expires while I’m outside the U.S.?
If your Advance Parole document expires you may not be able to re-enter the U.S. and risk losing your DACA status. Plan your travel and return before it expires.

Risks and Consequences

Can traveling on Advance Parole help with future immigration status adjustments?
Traveling on Advance Parole can allow you to re-enter on “parolee” status which some DACA recipients find helpful for adjusting status if they marry a U.S. citizen or have other paths to legal permanent residency.

Are there any risks with Advance Parole for DACA recipients?
Risks:

Denial at the border: CBP has the discretion to deny re-entry.
Immigration changes: Policies or regulations can change while you’re outside the U.S.
Criminal history: Even minor offenses can cause issues at re-entry.

Will traveling on Advance Parole affect my DACA status?
Not directly but any legal or immigration issues found upon re-entry can affect your DACA status. Make sure you meet all entry requirements and disclose any prior immigration violations.

Uncommon Questions or Situations

Can I apply for Advance Parole if my DACA is about to expire?
Yes but it’s risky. Make sure your DACA is valid for the entire duration of your trip and ideally until you return to avoid complications.

What if my Advance Parole is denied? Will it affect my DACA?
A17: Denial of Advance Parole does not affect your DACA status. But any issues found during the application process (like past violations) can affect your status or future applications.

Can I apply for Advance Parole multiple times?
Yes but each application requires justification and is reviewed individually. Multiple applications may raise questions about the legitimacy of your travel needs.

I’m married to a U.S. citizen will Advance Parole automatically allow me to adjust my status?
No. While some DACA recipients have used Advance Parole to help with status adjustments, being married to a U.S. citizen does not automatically qualify you. Each case is unique and it’s best to consult an immigration attorney.

Is Advance Parole guaranteed if I have an emergency reason?
No. While humanitarian emergencies are valid reasons, USCIS still reviews and may deny applications based on individual circumstances or documentation.

After Approved Advance Parole

Do I need to carry any specific documents when I travel?
Yes, carry your Advance Parole document, DACA approval notice, valid passport and any additional documents supporting your travel reason (e.g. doctor’s letter, employer’s letter).

Should I notify anyone before I leave and upon return?
It’s a good idea to notify an immigration attorney or family member of your travel plans and you may also want to notify USCIS if you have specific reasons to keep them informed.

Do I need to notify my school or employer about my travel plans?
Yes, it’s often required by your school or employer especially if your travel affects your job or educational program. Schools may even need to sign supporting documents if the travel is educational.

Where will re-entry be processed?

Re-entry will be processed at the U.S. port of entry.

What if CBP asks to search my electronic devices?

This is allowed under U.S. law; remove any sensitive data before you travel. Don’t post unrelated travel photos on social media to minimize scrutiny.

Lost Advance Parole Document?

Contact USCIS if your document is lost or stolen.

Advance Parole allows DACA recipients to travel but you must follow all the rules and understand the risks. With proper planning and documentation, you can make the immigration process much easier and minimize travel risks. Always consult an immigration attorney.

Adjustment of Status Through Parole in Place for Family Members of U.S. Military Personnel

The “Parole in Place” (PIP) program allows family members of U.S. military members and veterans to potentially adjust their status and become lawful permanent residents (green card holders) even if they entered the U.S. illegally. PIP is not a separate immigration status but a tool to help non-citizen family members become permanent residents without having to leave the U.S.

What is Parole in Place (PIP)?

PIP is a temporary permission to be in the U.S. (usually in one-year increments) and allows eligible individuals to apply for a work permit. This is a benefit for non-citizen family members of U.S. military members to get lawful statusand potentially apply for a green card even if they entered the U.S. illegally.

With PIP, eligible applicants can adjust status without leaving the country and re-entry issues.

Who is eligible for Parole in Place?

You may be eligible if:

You entered the U.S. illegally
You are the spouse, widow/widower, or unmarried minor child of:
An active-duty member of the U.S. armed forces
A Selected Reserve member of the Ready Reserve
A veteran who served honorably in the U.S. armed forces or the Selected Reserve

Note: PIP is discretionary, approval is not guaranteed. USCIS will grant it only if they think it serves a public benefit, like military family unity. Individuals with criminal convictions or other serious issues may not be eligible.

How to Apply for Parole in Place

To apply for PIP, gather and submit the following documents to U.S. Citizenship and Immigration Services (USCIS):

Form I-131, Application for Travel Document

Check the box in Part 1, Question 8A to select PIP as the purpose.

Proof of Relationship to Military Member

Submit marriage or birth certificates, with translations if not in English.

Evidence of Military Service

Copies of military ID (DD Form 1173), enlistment papers or other official documents proving military service.

Two passport-style photos of the applicant.

Additional Supporting Evidence

Letters from community members or employers, volunteer work and educational achievements may help your case. If you have a criminal record, include proof of rehabilitation (consult an attorney for guidance on criminal issues, as these can affect eligibility).

Note: There is no fee for PIP. Submit your application to the USCIS field office serving your area, some offices may have additional requirements (e.g. a written statement explaining how you entered the U.S. or proof of an I-130 petition).

After submission, USCIS may schedule an interview, which is usually short but can be longer if more information is needed.

If Parole in Place is Granted: What’s Ne

You’ll receive an I-94 card as proof of PIP status. This card is good for one year and should be kept safe as it allows you to:

Apply for a work permit (EAD) through USCIS.
Adjust status and apply for a green card if unlawful entry was the only issue.

Family Members Eligible for a U.S. Green Card

Under U.S. immigration law, only certain family members of U.S. citizens are eligible for a green card as “immediate relatives”:

Spouse or widow/widower
Unmarried child under 21
Parent

Immediate relatives have priority for green cards without long waiting lines and PIP allows them to adjust status in the U.S.

How to File for Adjustment of Status

Once PIP is approved you can:

Form I-130: The U.S. citizen family member should file this if it hasn’t already been filed.
Adjustment of Status Application (Form I-485): Attach your PIP approval notice to your application.

Consult an attorney for guidance on filing a family-based green card application as the process can be tricky.

Important Notes

PIP applications have a high denial rate and success depends on the strength of your case. It’s recommended to get legal help especially if you have other issues (e.g. criminal history) that can affect your adjustment to permanent residence. An immigration attorney can also help you with local requirements and USCIS office pr

Dreamers by the Numbers

1. Population: Who are the Dreamers?

Eligibility Criteria: The 2023 Dream Act (S. 365) defines Dreamers as undocumented immigrants who entered the U.S. before age 18 and have been here for at least 4 years prior to the bill’s enactment. They must be inadmissible or deportable under immigration law or have TPS and have completed or be in high school.
Number of Beneficiaries: 2.3 million would get a pathway to citizenship, about 1/5 of the undocumented population in the U.S.
DACA-Eligible: Over 1 million of these Dreamers are eligible for Deferred Action for Childhood Arrivals (DACA) which protects immigrants who entered the U.S. in 2007 or earlier, were under 16 and met certain education or military service requirements.
Current DACA Status: About 590,000 Dreamers had active DACA as of late 2022 and 400,000 more could qualify if new applications were allowed. Due to recent court decisions, about 95,000 are waiting for DACA approval.
School-Aged Dreamers: About 600,000 young people are not eligible for DACA as they arrived after the 2007 cut-off.

2. Age: A Young Population

Youth Demographics: Over 1.5 million Dreamers eligible under the 2023 Dream Act are under 30, median age 24.
Minors: About 600,000 are under 18, 1.7 million are adults. Many minors can’t apply for DACA as the entry requirements are outdated, since DACA was created in 2012 and has not been updated.

3. Origins and U.S. Arrival: Diverse Backgrounds, Deep Roots

Years in the U.S.: 1.7 million Dreamers or 76% of those covered by the Act entered the U.S. in 2012 or earlier, have been here over 10 years.
Age at Entry: 76% arrived before age 13, spent their formative years in the U.S.
Country of Birth: While almost half (1 million) of eligible Dreamers were born in Mexico, the rest come from:
Asia: 370,000 from countries like India, China and the Philippines.
Central America: 320,000 from countries like El Salvador, Guatemala and Honduras.
South America: 160,000 from countries like Colombia and Venezuela.
Caribbean: 120,000 from Haiti, Dominican Republic and Jamaica.
Africa and Middle East: 110,000 from various African and Middle Eastern countries.

4. Education: Many Dreamers are in School

Educational Attainment: To be eligible for the Dream Act, Dreamers must have completed high school or equivalent, be in school or have served honorably in the U.S. military.
High School Graduates: 1.6 million Dreamers have graduated high school or GED, 250,000 have college degrees or diplomas.
Students: 900,000 Dreamers are in school, 600,000 K–12 and 300,000 college. Of these 300,000 are eligible for DACA, others arrived too recently to qualify.

5. Workforce: Filling Gaps in High-Demand Sectors

Employed in Critical Industries: 1 million Dreamers are employed in industries with severe labor shortages, job opening rates above 5%.
Sector Breakdown:
Construction: 190,000
Retail Trade: 190,000
Food Services and Accommodation: 170,000
Manufacturing: 140,000
Business and Professional Services: 140,000
Healthcare and Social Assistance: 110,000
Transportation and Warehousing: 80,000
Total Workforce Participation: 1.3 million Dreamers or 60% of those covered by the Act are in the workforce.

6. Economic Impact: Growing the U.S. Economy

Current Impact: Despite limited protections, Dreamers contribute about $45 billion to the U.S. economy through wages and $13 billion in federal, state and local taxes.
Future Projections: FWD.us estimates DACA recipients alone could contribute $390 billion in wages and $117 billion in taxes over the next 10 years if they were given permanent residency and work authorization.

7. Family Ties: Supporting U.S. Citizen Families

Parental Status: 475,000 Dreamers are parents to at least one U.S. citizen child, 750,000 U.S. citizen minors with a Dreamer parent.
Marital Ties: 200,000 Dreamers or 10% of those covered by the Act are married to U.S. citizens. Many more Dreamers have close family ties to U.S. citizens but current laws prevent them from getting permanent residency despite these ties.

Why the Dream Act Matters

The Dream Act of 2023 will provide a pathway to citizenship for Dreamers, ending years of uncertainty and allowing them to fully contribute to American society. With their youth, education, work skills and deep family ties, Dreamers are uniquely positioned to strengthen the U.S. workforce and economy. Passing this legislation would not only recognize their contributions but also secure a better future for American families and communities. Only by giving them a path to citizenship can Congress ensure Dreamers can continue to build their lives in the country they call home.

What if DACA Ends? Jobs, Families, Communities

Since 2012, the Deferred Action for Childhood Arrivals (DACA) program has given protection from deportation and work authorization to young undocumented immigrants, allowing them to build lives, families and careers in the U.S. Despite its success, DACA is under legal threat. If it ends or renewals stop, the impact will be catastrophic for recipients, their families and the U.S. workforce and economy.

If DACA Ends

1. Job Losses: Thousands Each Week

Daily Job Losses: If renewals stop, 1,000 DACA recipients would lose their jobs every business day for the next 2 years. That’s 18,000 jobs lost each month and workforce shortages across multiple industries.
Impact on Essential Workers: The following sectors would be hit hardest:
Healthcare: 1,500 healthcare workers (doctors and nurses) would lose their jobs each month.
Education: 700 educational professionals (teachers and aides) would be forced out of work.
Personal Care: 600 caregivers in child and senior care would lose their jobs monthly, affecting vulnerable community members.

Estimated Monthly Job Losses by Sector

Office Administration: 2,700
Sales: 1,900
Transportation: 1,800
Construction: 1,800
Food Preparation/Service: 1,700
Healthcare: 1,500
Production: 1,200
Management: 1,000
Building Maintenance: 800
Education: 700
Personal Care: 600

Total Jobs Lost Monthly: 18,600

2. Economic Impact: State by State

State-Level Impacts: The states with the largest DACA recipient populations (California and Texas) would be hit the hardest:
California: 5,200 monthly job losses, 500 healthcare workers, 200 educators
Texas: 2,600 monthly job losses, 200 healthcare, 100 education
Other States: Illinois, New York, Arizona, Florida would also be hit hard, with economic ripples across their local communities.

3. Shrinking DACA Population: A Generation Without Opportunity

No New Applications: DACA is currently closed to new applicants due to legal restrictions and about 600,000 eligible Dreamers are without protection.
Backlog: About 100,000 applications are pending at USCIS but cannot be processed due to court orders. 120,000 young undocumented high school graduates in 2023 are ineligible for DACA and have limited options.
A Generation Without Opportunity: As DACA recipients age, younger Dreamers are growing up without DACA.

The Impact on Families: Deportation Risks for Loved Ones

1. Family Separation: 1,000 U.S. Citizens Daily

Family Members at Risk: Ending DACA would not only affect recipients but also put their U.S. citizen family members at risk of being separated. Over 2 years, more than 1,000 U.S. citizens each day would see a loved one (parent, spouse or sibling) face deportation.
Children: 12,600 U.S. citizen children each month could see a parent become deportable, leading to uncertainty, stress and possible family separation.
Spouses: 4,000 U.S. citizen spouses could lose their partner’s protection, putting families under immense emotional stress.

Monthly Numbers of U.S. Citizen Family Members Affected

California: 2,700 children and 1,300 spouses
Texas: 2,400 children and 800 spouses
Other States: New York, Arizona, Washington, Colorado, Nevada, North Carolina, Florida would also be hit hard.

2. The Human and Financial Cost to Familie

Mental Health: Deportation threats weigh heavily on families, affecting children’s school performance and adults’ work productivity.
Financial Stress: Losing a family member’s income due to deportation or job loss could destabilize family finances, leading to housing insecurity, reduced access to healthcare and other financial hardships.

We Need Action Now

DACA has been a lifeline for hundreds of thousands of young immigrants who have made the U.S. their home, contributing to the economy and their communities. With the program under attack like never before, only Congress can provide a permanent solution to protect Dreamers and prevent the disaster of ending DACA.

Why a Permanent Solution Matters

Workforce and Economy: DACA recipients are part of the U.S. workforce. Losing them would hurt businesses, hospitals, schools and other critical infrastructure, exacerbate labor shortages and costs.
Families and Communities: Dreamers are part of American society. Many have U.S. citizen children and spouses, own homes and contribute to their communities. Congress must act so they can stay, work and thrive in the U.S.

DACA 12 Years Later: Lives

The Deferred Action for Childhood Arrivals (DACA) program has allowed undocumented youth to build lives in the U.S., many now working, in college and raising families. As DACA turns 12, the program is under legal attack and recipients and their families are in crisis. Here’s the situation.

DACA’s History and Purpose

2012: The Obama administration created DACA to give temporary deportation relief to young immigrants who came to the U.S. as children. It allowed recipients, known as Dreamers, to work, study and live without fear of being deported.
Initial Recipients: When DACA started, most recipients were high school or college students. Their average age was 21, half were in school and 60% were working. The average annual income was $4,000.

12 Years of Growth: The Evolution of DACA Recipients

2024 vs. 2012

Labor Force: 88% of DACA recipients are now in the workforce vs. 60%.
Education: 99% have graduated high school, 49% have some college education.
Income: Median annual income has jumped from $4,000 to $37,000.
Family Life: 42% are married and 50% have children, they have put down deep roots in the U.S.

To the Economy: Over the years, DACA recipients have added over $100 billion to the U.S. economy through taxes and spending.
Stable Jobs: With DACA’s work permit, recipients have been able to have stable careers and benefit industries across the country, healthcare, education and technology.

Personal Story: Reyna Montoya

Reyna Montoya, one of the first DACA recipients, went from student to teacher and community leader. DACA allowed her to graduate from college and make a difference in her community. Like many other Dreamers, she now advocates for a safer future and urges Congress to act.

A New Profile: DACA Recipients Today

Today’s DACA population looks different from the program’s early years:
- Age and Time in the U.S.: The average DACA recipient is now 31 and has been in the U.S. for 25 years.
- Widespread Presence: DACA recipients live in communities all over the U.S., with the largest populations in California (28%) and Texas (17%).
- Family Life: Many DACA recipients live in mixed status households, often with U.S. born spouses or children, so family stability is key.

DACA Population Characteristics

Labor Force: 83% are in the workforce.
Education: 96% have graduated high school, 49% have some college education.
Family Structure: 31% are married, 38% have children.
U.S. Citizen Relatives: 1 million U.S. citizens live in households with DACA recipients.

Uncertainty: Legal Challenges and Limited Access

was supposed to be temporary but congressional inaction has left recipients in limbo:

Legal Threats: In recent years, court decisions have blocked new applications, leaving an estimated 600,000 eligible youth without access to DACA.
Renewals Only: Current recipients can still renew but the program is still at risk of being ended permanently. If the courts strike down DACA, 1,000 jobs and family separations would occur every business day for the next two years.
Frozen Eligibility: Since the eligibility date for DACA hasn’t been updated since 2012, many recent high school graduates can’t apply, despite having lived in the U.S. most of their lives.

Congress Must Act Now

“DACA policy has given young undocumented immigrants a chance to build lives in the U.S. but without a permanent solution their future is uncertain. Congress can:

Create a Pathway to Citizenship: By passing a bill, Congress can give Dreamers a permanent home in the U.S. which is where they have lived most of their lives.
Protect Families: Many DACA recipients have U.S. citizen family members so a pathway to citizenship would prevent family separations and family stability.
Include the Entire Undocumented Population: Expanding protections to all undocumented family members would keep millions of families together so they can fully participate in the economy and their communities.

Now is the Time

President Obama’s original DACA statement said it was temporary and that Congress needed to act. Twelve years later, the call to act is still urgent. With legal threats looming, Congress must pass a pathway to citizenship to give DACA recipients, their families and their communities stability and certainty.

The Dream Act: Stalled

Since its introduction over 20 years ago the Development, Relief, and Education for Alien Minors (DREAM) Act has been at the center of U.S. immigration reform. Designed to provide a pathway to legal status for undocumented immigrants who came to the U.S. as minors, often called Dreamers, the Dream Act continues to be a topic of political debate and hope for millions who want to fully participate in American society. This article will look at the history, main provisions, potential effects and current status of the Dream Act.

History

The idea of the Dream Act was born out of the need to address the special challenges faced by undocumented immigrants brought to the U.S. as children. These young people, many of whom were raised in American communities and educated in American schools, find themselves in a legal limbo. They are American in culture yet undocumented in status, with limited access to work, education and financial aid because of their immigration status.

In 2001 Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) introduced the first version of the Dream Act to provide conditional residency to young undocumented immigrants and a pathway to permanent residency if they met certain educational or military service requirements. Since then various versions of the Dream Act have been introduced in Congress but despite broad public support the Act has not been passed into law. However it paved the way for other initiatives including Deferred Action for Childhood Arrivals (DACA) which temporarily protects eligible Dreamers from deportation.

Main Provisions of the Dream Act

While different versions of the Dream Act have been introduced, most have had the same core criteria and goals. Main provisions of the Dream Act include:

Eligibility Requirements: The Act applies to undocumented immigrants who were brought to the U.S. as minors (often before age 16) and have been in the country for several years before the law is enacted. Applicants must generally show good moral character meaning they have not been convicted of certain crimes and are not a threat to public safety.
Education and Military Service: To get permanent legal residency eligible applicants often have to complete a period of higher education (such as an associate’s or bachelor’s degree) or serve in the U.S. military. This requirement is to show a commitment to American society.
Conditional Residency: Once initial eligibility requirements are met Dreamers can be granted conditional residency and can live, work and study in the U.S. without fear of deportation. Conditional residency status is usually for a certain period of time (e.g. six years) during which the individual has to meet educational or military requirements.
Pathway to Permanent Residency: Once the conditions are met Dreamers can apply for permanent legal residency (often called a green card) and eventually citizenship. This would allow them to fully participate in American society, access more job opportunities and contribute more to the economy.

Economic and Social Effects

The Dream Act has big implications for Dreamers and the U.S. as a whole. Advocates say passing the Dream Act would bring significant economic benefits, support the American workforce and uphold American values of fairness and opportunity. Here are some of the main effects:

Economic Growth: Research shows Dreamers contribute to the U.S. economy. Studies say passing the Dream Act would add billions to the gross domestic product (GDP) over the next few decades. By giving Dreamers stable legal status the Act would allow them to get higher paying jobs, invest in education and contribute more in taxes and boost economic growth.
Meeting Workforce Needs: As the U.S. is facing a shortage of skilled labor Dreamers could fill gaps in key industries like healthcare, education, technology and manufacturing. Many Dreamers have pursued professional and technical education and are ready to meet current and future workforce needs.
Family and Community Stability: Dreamers are already part of American communities as family members, friends, colleagues and students. By giving them status the Dream Act would reduce the risk of family breakups due to deportation and strengthen community bonds and the social fabric of the country.
American Values: The Dream Act is in line with American values of opportunity, hard work and equality. Giving Dreamers a pathway to status would recognize their contributions, resilience and commitment to the country they call home.

The Dream Act and Related Policies Today

Although the Dream Act has had bipartisan support for years it has faced political hurdles and has not passed. Each Congress brings new versions of the Act, some focusing on education and others on family members of Dreamers. Despite wide public support the political gridlock has stalled progress.

In 2012 the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. DACA provides temporary relief from deportation and work authorization for eligible Dreamers and allows them to renew every two years. While it’s temporary relief it’s not a permanent solution. Legal challenges and changes in administration policies have put the program in jeopardy and left DACA recipients in limbo.

In 2021 the American Dream and Promise Act passed the House of Representatives which included the Dream Act. But it did not move in the Senate. President Biden has said he supports comprehensive immigration reform including the Dream Act but the Act’s fate is up to bipartisan cooperation in Congress.

For and Against the Dream Act

For

Moral Imperative: Supporters say it’s unfair to punish young people who had no choice in coming to the U.S. and have spent most of their lives here.
Economic Growth: Many studies say legalizing Dreamers would increase their economic contributions and GDP and tax revenue.
Human Rights and Family Unity: The Act would prevent deportation and family breakups for hundreds of thousands of Dreamers and their families and uphold human rights.

Against

Encouraging More Illegals: Critics say legalizing Dreamers would encourage more undocumented immigration, they think it would create a pathway for future arrivals.
Cost: Some say the Act would increase public spending on education, healthcare and social services.
Rule of Law: Some say providing a pathway to citizenship undermines the enforcement of current immigration laws.

The Dream Act is a symbol and a solution to a problem affecting millions of young people in the U.S. While the road to passage is uncertain the debate around the Dream Act shows we need a compassionate and forward thinking approach to immigration reform. For Dreamers passing the Act would mean more than status it would mean the opportunity to fully be themselves, enrich American society and build a secure and stable future. As the country figures out its immigration policy the Dream Act is a reminder of the values of resilience, opportunity and the American dream.

DACA FAQ

General DACA Program Questions

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a policy that allows some individuals who were brought to the U.S. as children and meet specific requirements to request deferred action from deportation and get a work permit.

Who is eligible for DACA?

Eligibility requirements are: arrived in the U.S. before age 16, under age 31 as of June 15, 2012, lived in the U.S. since June 15, 2007, no lawful status as of June 15, 2012, meet education or military service requirements and no significant criminal record.

What does DACA give?

DACA recipients get temporary protection from deportation and can apply for work authorization (EAD) which allows them to work legally in the U.S.

Is DACA a pathway to citizenship?

No, DACA is not a direct pathway to citizenship or permanent residency (green card).

How long is DACA valid?

DACA is granted for two years and recipients must apply for renewal before it expires.

DACA Litigation and Status

Why is DACA in litigation?

Various lawsuits argue that DACA was an overreach of executive power and should have been done through legislation instead of executive action.

What was the recent Texas court decision on DACA?

In 2021 and 2023 Judge Andrew Hanen ruled that DACA is unlawful. Current DACA recipients can continue to renew but no new applications are being approved.

What happens if the Fifth Circuit or Supreme Court rules against DACA?

If DACA is deemed unlawful recipients may lose their protections and work authorization. There could be a “wind-down” period to allow for adjustments but that depends on the court’s ruling.

Can I still renew if DACA is rescinded by a court?

Renewals are being accepted now but may change depending on future decisions. Renew as soon as eligible.

Are there any legislative efforts to make DACA permanent?

Yes, Congress has proposed bills like the DREAM Act to provide permanent protection for DACA recipients but none have passed yet.

DACA and Health Care

Are DACA recipients eligible for Medicaid or other federal health programs?

Generally DACA recipients are not eligible for Medicaid or other federal health insurance programs unless their state provides benefits for DACA recipients.

Can DACA recipients get ACA coverage?

As of November 1, 2024 DACA recipients can purchase ACA health insurance but eligibility may be challenged in ongoing court cases.

Are there subsidies for DACA recipients on ACA plans?

Yes, DACA recipients may be eligible for premium subsidies based on income which can help reduce the cost of health insurance.

Can using healthcare affect my DACA status or future immigration benefits?

Enrolling in ACA health coverage and receiving subsidies are not considered public benefits for “public charge” purposes and should not affect future immigration applications.

Can DACA recipients get emergency Medicaid?

Some states provide emergency Medicaid for DACA recipients which covers specific emergency services. Check with your state’s Medicaid office for eligibility.

DACA and Advance Parole (Travel Authorization)

What is advance parole for DACA recipients?

Advance parole allows DACA recipients to travel outside the U.S. for specific purposes (humanitarian, educational or employment) and return lawfully.

Who can apply for advance parole under DACA?

DACA recipients with approved DACA status can apply if they have a valid reason for humanitarian, educational or employment needs.

What are the risks of traveling with advance parole?

Advance parole allows you to re-enter but does not guarantee admission and CBP can deny entry based on certain factors.

Can DACA recipients travel for vacation?

No, vacation or leisure travel is not a valid reason for advance parole under DACA. Only humanitarian, educational or employment purposes are allowed.

Can I apply for advance parole if I am in removal proceedings?

Yes but very complicated. Consult an immigration attorney before applying for advance parole if you have removal proceedings in your record.

DACA and H-1B Visas

Can DACA recipients apply for H-1B visas?

Yes, DACA recipients can apply for an H-1B visa but may face challenges due to their initial unlawful entry and lack of “lawful status”.

Can my employer sponsor me for an H-1B visa if I have DACA?

An employer can file an H-1B petition but DACA recipients are often not eligible to change to H-1B status in the U.S. due to their unlawful entry.

Can advance parole help DACA recipients adjust to H-1B status?

Yes, if a DACA recipient travels on advance parole and re-enters legally they may be eligible to adjust to H-1B status if sponsored by an employer.

Does having DACA status affect my H-1B approval chances?

DACA itself doesn’t affect H-1B approval but lack of lawful status may pose challenges for adjustment of status in the U.S.

Should DACA recipients pursue H-1B sponsorship?

It depends on individual circumstances. Consult an attorney to evaluate eligibility and risks before applying for H-1B.

DACA and Adjustment of Status (Green Card Pathways)

Can DACA recipients adjust their status to become green card holders?

Some DACA recipients can adjust status through family petitions, marriage to a U.S. citizen or employment-based sponsorship if they meet the requirements.

How does advance parole affect adjustment of status?

If a DACA recipient travels on advance parole and re-enters legally they may be eligible to adjust status without leaving the U.S.

Can I adjust status if I am married to a U.S. citizen?

Yes, if a DACA recipient is married to a U.S. citizen and meets the requirements they may adjust status after re-entering the U.S. on advance parole.

Is consular processing required for DACA recipients?

Those who entered the U.S. unlawfully may need to leave for consular processing but advance parole can sometimes waive this requirement.

What other family-based options are available for DACA recipients to adjust status?

Immediate family members, such as U.S. citizen parents or spouses, can file family-based petitions that may allow for adjustment of status if the requirements are met.

Employment and Work Authorization

Do I need to renew my work permits?

Yes, work permits (EADs) under DACA are 2 year permits and must be renewed with each DACA renewal.

Can DACA recipients get professional licenses?

Licensing requirements vary by state but many states allow DACA recipients to get professional licenses in fields like healthcare, law and education.

Can DACA recipients work for federal agencies?

Generally no, but can work in certain positions with private federal contractors.

Are there any job restrictions for DACA recipients?

DACA recipients can work in most private sector jobs as long as they have valid work authorization.

Can DACA recipients get unemployment benefits?

Eligibility varies by state but DACA recipients with valid work permits may be eligible in some states if they meet the requirements.

Educational Opportunities

Can DACA recipients get federal financial aid?

No, DACA recipients are not eligible for federal financial aid but may be eligible for state-based aid in some states.

Can DACA recipients go to college or university?

Yes, DACA recipients can go to college or university, though tuition varies by state, with some states offering in-state tuition to DACA recipients.

Are there scholarships for DACA recipients?

Many private scholarships are available to DACA recipients, public scholarships vary.

Does DACA status affect internships or externships?

DACA recipients with work authorization can participate in paid internships, but unpaid internships may have restrictions in some fields.

Can I apply for study abroad programs?

Yes, with advance parole approval DACA recipients can study abroad but must have a clear re-entry plan.

Family Sponsorships and DACA

Can U.S. citizen family members sponsor DACA recipients?

Yes, U.S. citizens can file family-based petitions but DACA recipients may have issues adjusting status if they entered unlawfully.

Can parents of DACA recipients apply for DACA?

No, DACA is only for individuals who entered the U.S. as children and does not apply to parents.

Can children of DACA recipients apply for DACA?

No, DACA eligibility is based on strict requirements including entry dates. New applications are not being accepted.

Can DACA recipients file petitions for family members?

DACA recipients cannot sponsor family members for visas or green cards as they are not lawful permanent residents or U.S. citizens.

DACA Renewal Process

How early should I apply to renew DACA?

USCIS recommends applying 120 to 150 days before your current DACA expires.

Can I renew DACA if I am out of the country?

It’s recommended to renew DACA while in the U.S. and DACA recipients should return to the U.S. before their DACA expires if they’re abroad.

What happens if I don’t renew before my DACA expires?

If your DACA expires you will lose work authorization and protection from deportation until it’s renewed. Renew early to avoid gaps.

Can I apply for DACA renewal if I have new criminal charges?

Consult an attorney, criminal charges may impact your eligibility for DACA renewal.

Is there a grace period for DACA renewal?

No formal grace period but USCIS may accept applications submitted slightly after expiration in some cases.

What documents do I need to renew DACA?

Form I-821D, Form I-765, Form I-765 Worksheet and supporting documents, including a copy of your current EAD.

DACA in the Courts

What’s the current status of DACA?

As of 2023, a district court in Texas again ruled that DACA was implemented unlawfully. New applications are not being processed but current DACA recipients can renew. First-time DACA applications are not being processed including those whose DACA has lapsed over a year. A 2024 hearing was held in October 2024 at the Fifth Circuit Court of Appeals to review the case.

How does this affect current DACA recipients?

Current DACA holders can renew their DACA and work permits. First-time applicants and those whose DACA has lapsed over a year ago are not eligible. Advance parole is available but no new initial DACA applications will be processed unless court decisions change.

What is the Batalla Vidal case and how does it affect DACA applicants?

The Batalla Vidal case sought to provide relief to approximately 100,000 individuals whose DACA applications have been stuck due to conflicting court orders. On August 3, 2022 the New York court denied the request for relief so these applications are pending with no immediate resolution.

Does the Batalla Vidal decision change anything for current DACA recipients?

No, it doesn’t change the status quo for current DACA recipients. DACA holders can renew but no relief was granted to first-time applicants or those whose DACA has lapsed over a year ago.

Should I submit my first time DACA application if I’m eligible?
A: This is a personal decision best made with an immigration attorney. USCIS will accept the application and payment but will not process or approve any first-time applications under current rules.

I already submitted my first time application?
If you’ve submitted a first-time DACA application it’s on hold. USCIS will keep your payment and send a receipt notice but the application will not move forward at this time

Conclusion: DACA’s Future is Uncertain

DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.

For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.

Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.

We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.

S will accept the application and payment but will not process or approve any first-time applications under current rules.

Concluscion