Understanding DACA: Rights and Protections for Dreamers

The Deferred Action for Childhood Arrivals (DACA) program was established in 2012 to protect eligible young immigrants from deportation and provide them with work authorization. Commonly referred to as Dreamers, these individuals came to the United States as children and often consider the U.S. their home. Although DACA does not provide a path to citizenship, it offers critical protections and opportunities for those who qualify. This guide explains the rights and protections DACA recipients have, how to apply or renew DACA, and the ongoing challenges Dreamers face.

What is DACA?

DACA is an administrative relief program that grants temporary, renewable protection from deportation to eligible undocumented immigrants. In addition to shielding recipients from removal, it allows them to obtain an Employment Authorization Document (EAD), which permits them to work legally in the United States.



Key Benefits of DACA:

  1. Protection from Deportation: DACA recipients are not subject to removal proceedings as long as their status remains valid.
  2. Work Authorization: With an EAD, DACA recipients can work legally in the U.S.
  3. Access to Higher Education: Many states allow DACA recipients to attend public colleges and universities at in-state tuition rates.
  4. Driver’s Licenses: Most states issue driver’s licenses to DACA recipients, allowing them to drive legally.
  5. Advance Parole: In certain circumstances, DACA recipients may apply for advance parole to travel abroad for humanitarian, educational, or employment purposes.

Eligibility Requirements for DACA

To qualify for DACA, applicants must meet the following criteria:

  1. Age Requirements:
  • Must have been under the age of 31 as of June 15, 2012.
  • Must have entered the U.S. before their 16th birthday.

  2. Continuous Residence:

  • Must have continuously resided in the U.S. since June 15, 2007.

  3. Physical Presence:

  • Must have been physically present in the U.S. on June 15, 2012, and at the time of applying for DACA.

  4. No Lawful Status:

  • Must not have had lawful immigration status on or before June 15, 2012.

  5. Education or Military Service:

  • Must be currently enrolled in school, have graduated from high school, obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces.

  6. Criminal Record:

  • Must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors.

How to Apply for DACA

Applying for DACA involves several steps, including completing forms, gathering documents, and paying fees.


Step 1: Complete Required Forms

  • Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
  • Form I-765: Application for Employment Authorization.
  • Form I-765WS: Worksheet explaining economic need for work authorization.


Step 2: Gather Supporting Documents

Applicants must provide evidence to prove their eligibility. Common documents include:

  • Proof of Identity: Passport, birth certificate with photo ID, or school ID.
  • Proof of Entry Before Age 16: School records, medical records, or entry stamps.
  • Proof of Continuous Residence: Lease agreements, utility bills, or tax returns.
  • Proof of Education: High school diploma, GED certificate, or current school enrollment.
  • Criminal Records: If applicable, court documents showing the outcome of any arrests or charges.


Step 3: Pay the Filing Fee

As of February 13, 2025, the total filing fee for DACA is $495, which includes the biometric services fee.


Step 4: Attend Biometrics Appointment

After submitting the application, USCIS will schedule a biometrics appointment, where the applicant’s fingerprints, photograph, and signature will be collected.


Step 5: Await Decision

USCIS will review the application and issue a decision. If approved, the applicant will receive a notice of deferred action and an Employment Authorization Document (EAD).

How to Renew DACA

DACA status is valid for two years and can be renewed. USCIS recommends submitting a renewal application 120 to 150 days before the expiration date.



Steps to Renew DACA:

  1. Complete Forms I-821D, I-765, and I-765WS.
  2. Gather updated supporting documents, such as proof of continued residence.
  3. Pay the $495 filing fee.
  4. Attend the biometrics appointment if required.

The Importance of Legal Assistance

Navigating the DACA application or renewal process can be complex, especially given the ongoing legal challenges. An experienced immigration lawyer in Orlando can provide crucial support by:

  • Ensuring that the application is complete and accurate.
  • Advising on alternative immigration options.
  • Keeping you informed about changes in immigration law and policy.

Conclusion

For many young immigrants, DACA has been a vital program that offers protection from deportation and access to work, education, and other opportunities in the United States. While it provides significant benefits, Dreamers continue to face uncertainty and challenges. By staying informed, preparing thorough applications, and seeking legal assistance when needed, DACA recipients can better protect their future.


If you are a Dreamer in Orlando or elsewhere and need help with your DACA application or exploring other immigration options, consult a knowledgeable immigration attorney. With the right support, you can navigate the complexities of U.S. immigration law and build a secure future.