DACA — Deferred Action for Childhood Arrivals

Core DACA eligibility criteria

The original DACA requirements (2012) remain the basis:

• Were under age 31 as of June 15, 2012
• Came to the U.S. before age 16
• Have continuously resided in the U.S. since June 15, 2007
• Were physically present in the U.S. on June 15, 2012, and at the time of applying
• Had no lawful status on June 15, 2012
• Are currently in school, graduated from school, obtained a GED, or are an honorably discharged veteran
• Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors
• Do not pose a threat to national security or public safety

These criteria still define the population that may apply. Whether initial applications are being accepted depends on current court orders and USCIS policy — this has changed multiple times in the past decade.

What DACA provides

• Deferred action — a commitment from immigration authorities not to pursue removal during the period granted, subject to revocation
• Employment authorization — work permit (Form I-766) valid for the DACA period
• Social Security number — granted upon receipt of employment authorization
• Ability to get a driver's license in most states, including Illinois
• Eligibility for state-specific benefits — in-state tuition at Illinois public universities, some state financial aid
• Travel authorization (advance parole) — in limited circumstances, with pre-approval

DACA does NOT provide lawful immigration status, permanent residency, or a path to citizenship. It does not protect family members. It can be revoked.

Initial applications vs. renewals

The legal landscape for DACA has shifted repeatedly since 2017:

• Litigation has at various times blocked or reinstated the program
• Initial (first-time) applications have been restricted at various points
• Renewal applications from current DACA recipients have generally continued to be processed, subject to ongoing litigation

As of the date of this guide, check USCIS and current court orders before filing. Different rules may apply to initial applicants, renewals, and those with expired DACA.

Renewal process

Renewal is recommended 120 to 150 days before your current DACA expires. Filing late — especially after expiration — can cause gaps in work authorization. The renewal package includes:

• Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
• Form I-765 (Application for Employment Authorization)
• Form I-765WS (worksheet)
• Filing fees (as of 2024, approximately $520 total for renewal)
• Any new evidence of continued eligibility

Do not submit original documents — USCIS will not return them. Submit copies. Use certified mail with return receipt.

Specific risks and pitfalls

Criminal issues

Any criminal arrest, charge, or conviction can disqualify DACA or trigger revocation. Even minor offenses — disorderly conduct, DUI, shoplifting — can be problems. If you are arrested or cited while on DACA, contact an immigration attorney BEFORE any plea or disposition.

Travel outside the U.S.

DACA recipients generally cannot leave the U.S. and return without advance parole. Leaving without advance parole triggers inadmissibility rules that can prevent re-entry permanently. Advance parole for DACA has been available at various times for humanitarian, educational, and employment purposes — check current availability.

Disclosure

Renewal requires disclosing any new issues since your last application (arrests, address changes, etc.). Failure to disclose can lead to revocation or prosecution.

Marriage and family-based petitions

Marriage to a U.S. citizen does not automatically provide a green card for DACA recipients. The path from DACA to lawful permanent residency generally requires either advance parole (to establish lawful entry) or consular processing (which triggers inadmissibility bars). An immigration attorney should analyze the specific options before you make family-status decisions based on potential immigration benefits.

If your DACA is denied or revoked

USCIS can revoke DACA for criminal issues, fraud, or other reasons. Revocation usually triggers placement in removal proceedings. Contact an immigration attorney immediately.

Denials of renewals can sometimes be addressed through motion to reopen or by correcting the deficiency and refiling. Timing matters — do not let your current DACA expire while trying to fix a problem.

Public charge and benefits

DACA recipients have specific rules on what benefits they can access:

• Most federal means-tested benefits are NOT available to DACA recipients
• Some state-funded benefits in Illinois ARE available (All Kids, Medicaid in some categories, state financial aid)
• DACA recipients gained marketplace health insurance access in some rules in 2024

Public-charge concerns for DACA recipients differ from those for other immigrants. Consult an immigration attorney before making decisions about benefits if you are worried about future immigration applications.

Where to get qualified help

• National Immigrant Justice Center (NIJC) — Chicago-based, extensive DACA work. 312-660-1370, immigrantjustice.org
• Illinois Coalition for Immigrant and Refugee Rights (ICIRR) — 312-332-7360, icirr.org (network of community-based legal providers)
• The Resurrection Project — DACA renewal workshops and legal services
• Erie Neighborhood House — immigration legal services
• EOIR Find Legal Representation directory — justice.gov/eoir
• American Immigration Lawyers Association (AILA) lawyer search — ailalawyer.com

Beware of fraud

"Notarios" and non-attorney consultants have caused serious harm to immigration applicants. Some are unlicensed practitioners charging high fees for forms they do not understand; others commit outright fraud. Only an attorney licensed in the U.S. or an EOIR-accredited representative working for a recognized nonprofit can give legal advice on immigration matters. The cost of getting it wrong can be removal. If you are paying for help, verify the person's credentials.