Deferred Action for Childhood Arrivals

Deferred action is a discretionary act not to prosecute or deport an alien. On June 15, 2012, the Secretary of the Department of Homeland Security (“DHS”) announced a program which granted deferred action to qualified persons under the age of 31 who came to the United States before their 16^th birthday. The program was the subject of litigation during the Obama and Trump administrations, with some states suing the federal government to keep the program and others suing to eliminate the program. The DACA program was ended by the Trump administration on September 5, 2017.

On January 9, 2018, the U.S. District Court for the Northern District of California issued an order requiring that DACA be reinstated for those persons already granted DACA, but did not extend relief to new applicants. The Ninth Circuit Court of Appeals, which represents many states in the Western United States, affirmed the decision. The Supreme Court ruled on June 18, 2020 that DHS’s decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act.  Pursuant to this decision, DHS allowed current recipients of DACA to renew requests but did not accept new requests.

In a December 4, 2020 order, the U.S. District Court for the Eastern District of New York ordered U.S. Citizenship and Immigration Services to fully reinstate the DACA program. The State of Texas and other plaintiffs are still trying to declare the DACA program unlawful.

On January 20, 2021, President Biden issued a Presidential Memorandum preserving DACA. An individual may be considered for initial DACA if he or she:

• Was under 31 years of age as of June 15, 2012;
• Came to the United States before reaching his or her 16^th birthday;
• Has continuously resided in the United States from June 15, 2007 to date, was present in the United States on June 15, 2012 and at the time of making his or her request for DACA, and had no lawful status on June 15, 2012;
• Is currently in school, has graduated, has a GED, or is an honorable discharged veteran, has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

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An individual may be considered for renewal of DACA if he or she met the guidelines for consideration of initial DACA and:

• He or she did not depart the United States on or after August 15, 2012 without advance parole, and has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time; and
• He or she has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.