Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations were made on a case-by-case basis under the DACA guidelines.

However, unlike federal legislation, DACA does not provide permanent legal status to individuals and must be renewed every two years.

At a Glance

• The U.S. Court of Appeals for the Fifth Circuit ruled against the legality of the DACA program days before the Trump administration took office.
• Approved DACA applications and related Employment Authorization Documents (EADs) remain valid, and renewal applications remain available, but new applications are still enjoined from being processed by U.S. Citizenship and Immigration Services (USCIS).
• Since taking office, President Trump has not directed any action in connection with the DACA program. The uncertainty and status quo surrounding the fate of the DACA program continues.

On January 17, 2025, the Fifth Circuit Court of Appeals issued a decision holding that the Biden Administration’s 2022 DACA regulation providing employment authorization benefits to DACA recipients was unlawful. The decision continues to block the government from approving new DACA applications. DACA renewals may continue for now.

This advisory provides answers to questions about:
• The impact of Texas v. U.S. decision
• The status of Biden’s DACA regulation
• The status of DACA renewal and initial applications
• The DACA and employment authorization renewal process

This advisory is not intended as legal advice but rather to provide information on the status of the DACA program. Individuals should seek a legal consultation from a qualified immigration attorney or DOJ accredited representative for a full assessment of their individual case. 

Next Steps for Employers

As the future of DACA remains uncertain in 2025 and beyond, employers need to act now, if they have not done so already, to know their workforce and screen their DACA employees for other benefits and consider moving them to another nonimmigrant status, where possible. While DACA is a temporary benefit and does not lead to lawful permanent resident status or give any other immigration status, it does not preclude beneficiaries from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which they may be eligible. At this time of year, it may be particularly beneficial to screen for H-1B visa eligibility ahead of the upcoming H-1B cap lottery in the spring.

In many cases, one or more of these options may not have initially been available or apparent when the individual began employment, so it is important to review each situation on a case-by-case basis with fresh eyes as the threat of the end of DACA looms. Additionally, employers should seek appropriate legal counsel to assess issues of unlawful presence and the impact this may have on short- and long-term immigration options.

Jayapal Statement on Fifth Circuit Court Decision on DACA

SEATTLE, WA – U.S. Representative Pramila Jayapal (WA-07), Ranking Member of the Immigration Integrity, Security, and Enforcement Subcommittee, issued the following statement regarding the U.S. Court of Appeals for the Fifth Circuit decision on the Deferred Action for Childhood Arrivals (DACA) program:

“The truth about DACA – the reason that Republicans have challenged it in the courts at every turn – is because it works for our country. It has allowed hundreds of thousands of Dreamers to come out of the shadows and pursue higher education, start careers, and live freely in the only country that most of them have ever known.

“Today, the Fifth Circuit has again reminded us how DACA recipients are living in limbo. This comes at a time when the incoming Trump Administration is pushing legislation to open a highway to mass deportation, further threatening their existence in this country.”

There are 535,000 DACA recipients living in the United States and there are over 3 million Dreamers, many of whom have not been able to apply for DACA because of this ongoing legal challenge. Congressional action to provide legal status for Dreamers is estimated to add $400 billion to the economy over the next 10 years. Texas v. USA, the current case that will determine the legality of the program, is expected to go before the Supreme Court for a final decision.