How does the current DACA program work and who is eligible to apply?

The Deferred Action for Childhood Arrivals (DACA) program continues to be a critical immigration policy in the United States, providing temporary relief from deportation and work authorization for certain young people who were brought to the country as children. As of January 2025, the program remains active but faces ongoing legal challenges and potential changes under the new administration. This article provides a comprehensive overview of how DACA currently functions, eligibility requirements, and the latest developments affecting the program.

Current Status of DACA

As of January 2025, the DACA program is still in effect, but with significant limitations. On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a ruling that upheld a lower court’s decision finding the DACA final rule unlawful. However, the court limited the scope of its ruling and issued a stay, meaning that for now, current DACA recipients can continue to renew their status and work authorizations.

The U.S. Citizenship and Immigration Services (USCIS) continues to accept and process DACA renewal requests and accompanying applications for employment authorization. However, initial DACA requests are not being processed at this time, though USCIS is still accepting them. This means that while existing DACA recipients can maintain their status, no new applicants can currently join the program.

Eligibility Requirements

To be eligible for DACA, applicants must meet several criteria:

1. Age Requirements: Applicants must have been under 31 years old as of June 15, 2012. They must have come to the United States before their 16th birthday.
2. Continuous Residence: Applicants must have continuously resided in the United States since June 15, 2007, up to the present time.
3. Physical Presence: They must have been physically present in the United States on June 15, 2012, and at the time of making their DACA request.
4. Immigration Status: Applicants must have had no lawful status on June 15, 2012.
5. Education or Military Service: DACA applicants must be currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
6. Criminal Record: Applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

It’s important to note that meeting these eligibility criteria does not guarantee approval, as DACA is a discretionary program.

Application Process

For those who are eligible to renew their DACA status, the application process involves several steps:

1. Form I-821D: Applicants must complete and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
2. Form I-765: This form is used to request employment authorization.
3. Form I-765WS: This worksheet must be submitted to demonstrate economic need for employment.
4. Supporting Documents: Applicants must provide documents proving their identity, age, continuous residence, and other eligibility criteria.
5. Fees: As of January 2025, the total fee for DACA renewal is $495, which includes $85 for biometrics and $410 for Form I-765.

USCIS recommends that DACA recipients submit their renewal requests between 120 and 150 days before their current DACA expiration date to avoid gaps in their status and work authorization.

Benefits of DACA

DACA provides several significant benefits to recipients:

1. Deferred Action: This means that the Department of Homeland Security (DHS) will not initiate removal proceedings against the individual for a specified period, typically two years.
2. Work Authorization: DACA recipients receive an Employment Authorization Document (EAD), allowing them to work legally in the United States.
3. Social Security Number: With work authorization, DACA recipients can obtain a Social Security number, which is crucial for employment and other aspects of daily life.
4. Driver’s License: In most states, DACA recipients are eligible to obtain a driver’s license.
5. Education Opportunities: While DACA does not provide a path to citizenship, it allows recipients to pursue higher education without the fear of deportation.

Limitations and Challenges

Despite its benefits, DACA has several limitations and faces ongoing challenges:

1. Temporary Nature: DACA is not a permanent solution and must be renewed every two years.
2. No Path to Citizenship: The program does not provide a direct path to permanent residency or citizenship.
3. Legal Uncertainty: The program continues to face legal challenges, creating uncertainty for recipients.
4. Travel Restrictions: While DACA recipients can apply for advance parole to travel abroad for specific reasons, international travel can be risky and may affect their status.
5. Limited Scope: The program only covers a specific group of undocumented immigrants, leaving many others without protection.

Recent Legal Developments

The legal landscape surrounding DACA has been tumultuous in recent years. Key developments include:

1. September 2023 Texas Ruling: A federal district court in Texas declared the DACA final rule unlawful, expanding on its 2021 injunction.
2. January 2025 Fifth Circuit Decision: The Fifth Circuit Court of Appeals upheld the Texas court’s decision but limited its scope and stayed its impact pending further appeals.
3. Supreme Court Consideration: There is a possibility that the case may be heard by the Supreme Court, which could make a final determination on DACA’s legality.

These legal challenges have created a climate of uncertainty for DACA recipients and potential applicants.

Impact of the Trump Administration

The election of Donald Trump as the 47th President of the United States in 2024 has raised concerns about the future of DACA. During his previous term, Trump attempted to terminate the program, leading to legal battles that ultimately reached the Supreme Court. The Court ruled in 2020 that the Trump administration’s attempt to end DACA was unlawful due to procedural issues, but it did not rule on the program’s overall legality.

As Trump begins his second term, there are several potential scenarios for DACA:

1. Attempted Termination: Trump may again attempt to end the program, potentially through a more carefully crafted executive order or by directing DHS to phase out the program.
2. Restrictions on Renewals: The administration could allow current recipients to keep their status temporarily but impose stricter renewal requirements or shorter periods of deferred action.
3. Legislative Push: Trump has expressed willingness to work with Congress on a solution for Dreamers, which could lead to legislative efforts to replace DACA with a more permanent program.
4. Status Quo: Given the ongoing litigation and potential political costs, the administration might choose to maintain the current state of DACA while the courts continue to deliberate.

Congressional Action and Potential Legislation

The uncertain future of DACA underscores the need for congressional action to provide a more permanent solution for Dreamers. Several legislative proposals have been introduced in recent years, including:

1. Dream Act: This bipartisan bill would provide a path to citizenship for DACA recipients and other eligible young undocumented immigrants.
2. American Dream and Promise Act: This legislation would offer a pathway to citizenship for DACA recipients, as well as beneficiaries of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED).
3. Comprehensive Immigration Reform: Some lawmakers advocate for addressing DACA as part of broader immigration reform that would also tackle issues like border security and the legal immigration system.

However, partisan gridlock and differing priorities have made it challenging to pass significant immigration legislation. The outcome of future congressional elections and shifts in public opinion could impact the prospects for DACA-related legislation.

Economic and Social Impact of DACA

DACA has had significant economic and social impacts since its inception in 2012:

1. Economic Contributions: DACA recipients have become integral parts of the U.S. workforce, contributing billions in federal, state, and local taxes.
2. Educational Attainment: The program has enabled many recipients to pursue higher education, leading to increased skills and productivity.
3. Community Integration: DACA has allowed recipients to become more fully integrated into their communities, participating in civic life and contributing to local economies.
4. Healthcare Workforce: During the COVID-19 pandemic, many DACA recipients worked in essential healthcare roles, highlighting their importance to the nation’s healthcare system.
5. Entrepreneurship: Some DACA recipients have started businesses, creating jobs and contributing to economic growth.

Studies have shown that ending DACA could result in significant economic losses, including reduced GDP and tax revenues.

State-Level Policies and DACA

While DACA is a federal program, state-level policies can significantly impact recipients’ lives. Some states have implemented policies to support DACA recipients, while others have sought to restrict their access to certain benefits:

1. In-State Tuition: Some states offer in-state tuition rates to DACA recipients attending public colleges and universities, while others explicitly prohibit this practice.
2. Professional Licensing: Certain states have passed laws allowing DACA recipients to obtain professional licenses in fields such as law, medicine, and teaching.
3. Healthcare Access: Some states have expanded healthcare access for DACA recipients, while others maintain restrictions.
4. Driver’s Licenses: Most states allow DACA recipients to obtain driver’s licenses, but policies can vary.
5. State-Funded Financial Aid: A few states provide state-funded financial aid or scholarships to DACA recipients for higher education.

These state-level variations create a patchwork of policies that can significantly affect DACA recipients’ opportunities and quality of life depending on where they reside.

International Comparisons

The United States is not alone in grappling with the issue of undocumented young people who were brought to the country as children. Other nations have implemented various policies to address similar situations:

1. Canada: The Canadian government has occasionally implemented programs to regularize the status of undocumented residents, including those who arrived as children.
2. European Union: Several EU countries have implemented regularization programs for undocumented immigrants, though policies vary widely among member states.
3. Australia: Australia has had various visa programs for long-term residents, including some pathways for those who arrived as children.
4. Japan: Japan has occasionally granted special permission to stay for certain undocumented residents, particularly those with long-term ties to the country.

Comparing these international approaches to DACA can provide insights into alternative policy models and their outcomes.

Advocacy and Support for DACA Recipients

Numerous organizations and institutions provide support and advocacy for DACA recipients:

1. Legal Aid Organizations: Many non-profit legal organizations offer free or low-cost legal assistance to DACA recipients for renewals and other immigration matters.
2. Immigrant Rights Groups: Organizations like United We Dream and the National Immigration Law Center advocate for DACA recipients and push for more permanent solutions.
3. Educational Institutions: Many colleges and universities have established support services and resources specifically for DACA students.
4. Corporate Support: Some major corporations have publicly supported DACA and provided resources or job opportunities for recipients.
5. Community Organizations: Local community groups often provide support networks, resources, and advocacy for DACA recipients.

These support systems play a crucial role in helping DACA recipients navigate the complexities of the program and advocate for their rights.

Future Prospects and Potential Reforms

The future of DACA remains uncertain, but several potential scenarios could unfold:

1. Supreme Court Decision: If the case reaches the Supreme Court, its ruling could definitively settle the program’s legality.
2. Congressional Action: Congress could pass legislation to provide a permanent solution for Dreamers, potentially as part of broader immigration reform.
3. Executive Action: The President could take further executive action to modify or replace DACA, though this would likely face legal challenges.
4. Gradual Phase-Out: If DACA is ultimately found unlawful, there could be a gradual phase-out of the program to minimize disruption.
5. International Pressure: International human rights organizations and foreign governments might exert pressure on the U.S. to protect DACA recipients.

Regardless of the outcome, any changes to DACA will have profound implications for hundreds of thousands of young people who have built their lives in the United States.

Conclusion

The DACA program continues to be a critical lifeline for hundreds of thousands of young immigrants who were brought to the United States as children. While it provides temporary protection from deportation and work authorization, the program faces ongoing legal challenges and an uncertain future. As of January 2025, current DACA recipients can continue to renew their status, but no new applications are being processed.

The program’s future hinges on several factors, including pending legal decisions, potential congressional action, and the policies of the current administration. The economic and social contributions of DACA recipients underscore the program’s importance not just to the individuals it protects, but to the nation as a whole.

As the debate over DACA continues, it remains a focal point in the broader discussion of immigration reform in the United States. The resolution of DACA’s status will have far-reaching implications for immigration policy, affected individuals, and American society at large. Stakeholders across the political spectrum will need to grapple with the complex legal, ethical, and practical considerations surrounding this pivotal program.

Website citations used for this article:

• https://www.uscis.gov/DACA
• https://www.kiplinger.com/taxes/2025-open-enrollment-daca-recipients
• https://unitedwedream.org/press/daca-renewals-remain-in-place-despite-5th-circuit-ruling-and-trumps-looming-inauguration/
• https://www.insidehighered.com/news/government/politics-elections/2025/01/22/murky-setback-daca-no-immediate-changes
• https://jayapal.house.gov/2025/01/19/jayapal-statement-on-fifth-circuit-court-decision-on-daca/
• https://gldlaw.com/how-will-daca-change-now-that-donald-trump-has-been-elected/
• https://www.jacksonlewis.com/insights/year-ahead-2025-immigration-issues
• https://www.jdsupra.com/legalnews/the-potential-impacts-of-president-1956326/