Applying For Deferred Action for Childhood Arrivals (DACA)
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled against the DACA program but left the stay in place, allowing current DACA recipients to continue renewing their protections. The case has been remanded back to the district court for further proceedings, and the legal situation remains active.
DACA grants eligible individuals a renewable two-year period of deferred action, meaning the government chooses not to pursue deportation for that time, along with an Employment Authorization Document (work permit).
Note: DACA does not provide lawful immigration status, a green card, or a path to citizenship.
My office and I are ready to assist eligible individuals. To learn more or get help, contact my office at 714-559-6190 or submit a casework form.
WHAT DOES THIS MEAN FOR ME?
- Current DACA recipients may continue renewing their status and work authorization nationwide. However, the program faces significant legal challenges. DACA recipients in Texas may face additional restrictions on work authorization pending a ruling from Judge Hanen. The current administration has also detained and deported some DACA recipients despite program protections. We strongly encourage all DACA recipients to consult with an immigration attorney and ensure their renewal is filed on time.
- The government will continue accepting and processing DACA renewal applications.
- The government will continue accepting and processing advance parole applications for current DACA recipients. However, processing times have increased significantly and a new $1,000 re-entry fee applies upon return to the U.S. Please consult an immigration attorney before applying.
- A court injunction currently prevents USCIS from approving first-time DACA requests. Applications may be submitted and fees collected, but no decision will be issued until the court order is changed or lifted.
Note: Please consult an immigration attorney before proceeding with an initial application or an application for advance parole.
CAN FIRST-TIME APPLICANTS APPLY FOR DACA?
At this time, USCIS will accept first-time DACA applications and collect filing fees, but cannot approve them due to an active court injunction. Applications will remain pending without a decision until the court order is lifted or modified. If first-time requests are ultimately rejected, fees are expected to be returned. Applicants could resubmit if USCIS begins accepting new applications in the future.
WHAT IS THE CRITERIA TO APPLY FOR DACA?
- Were under 31 years old as of June 15, 2012
- Entered the United States before the age of 16
- Were physically present in the U.S. on June 15, 2012
- Have continuously resided in the U.S. since June 15, 2007
- Had no lawful immigration status on June 15, 2012
- Either:
- Are currently enrolled in school
- Have graduated from high school or obtained a GED or certificate of completion
- Are an honorably discharged U.S. veteran
- Have not been convicted of a felony or serious/multiple misdemeanors or pose a threat to national security
Note: Prior orders of removal do not automatically impact eligibility. However, individuals with prior removal orders or any prior immigration enforcement contact are strongly encouraged to consult with an immigration attorney before applying.
WHAT DOCUMENTS ARE NEEDED TO BEGIN THIS APPLICATION PROCESS?
- Birth certificate
- Copy of government-issued identification (i.e. passport, consular ID)
- Two passport photos
- High school diploma, GED, or proof of current enrollment in school
- Documentation establishing presence in the U.S. on June 15, 2012
- Documentation establishing continuous physical presence in the U.S. from June 15, 2007 through the present (multiple documents required for each year)
- Certified criminal records (if applicable)
- Filing fee of $555 if submitted online or $605 if submitted on paper (as of April 2024)
- Legal fees paid to an immigration attorney or DOJ accredited representative
WHERE DO I APPLY?
To apply for DACA, visit USCIS's website and complete Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Employment Authorization). USCIS will provide additional instructions and information.
If you are experiencing delays or difficulties with your application, our office can request a status update from USCIS and advocate on your behalf. Under certain circumstances, we can also help you submit an expedite request. If you are experiencing difficulties, please contact my office at (714) 559-6190 or request casework assistance here.
(Last updated June 2026)