What Is DACA? Requirements, Benefits, and Renewal

DACA, or Deferred Action for Childhood Arrivals, is a federal policy that temporarily shields certain people who were brought to the United States as children from deportation and allows them to work legally.¹ Created by the Department of Homeland Security in 2012, it currently covers roughly 530,000 people. Because of ongoing federal litigation, USCIS has not approved any new initial requests since July 2021; if you already have DACA, you can still renew it.²

Who Qualifies for DACA

Every criterion below has to be met. Missing one makes you ineligible.³

You were under age 31 on June 15, 2012 (born on or after June 16, 1981).
You came to the United States before your 16th birthday.
You have lived in the United States continuously since June 15, 2007.
You were physically present in the United States on June 15, 2012, and again when you file.
You had no lawful immigration status on June 15, 2012. Any prior visa or status must have expired on or before that date.
You are currently in school, have a high school diploma or GED, or were honorably discharged from the U.S. Armed Forces or Coast Guard.
You have not been convicted of a felony, a disqualifying misdemeanor, or three or more other misdemeanors.

Brief, innocent absences during the continuous-residence period may be excused, but any single trip after June 15, 2007, that USCIS considers significant or voluntary can break continuity. Keep documentation of every departure.

Crimes That Can Disqualify You

The criminal-history bar trips up more applicants than any other requirement, because USCIS uses its own classification system rather than the label your state used. A conviction for any felony automatically disqualifies you. So does a single conviction for a disqualifying misdemeanor, no matter how short the sentence.⁴

These misdemeanors are automatically disqualifying:

Domestic violence
Sexual abuse or exploitation
Burglary
Unlawful possession or use of a firearm
Drug distribution or trafficking
Driving under the influence (DUI or DWI)

DUI deserves special attention. Even if your state treats it as a traffic infraction rather than a criminal misdemeanor, USCIS still classifies it as a disqualifying misdemeanor. A single DUI conviction with no jail time can result in a denial.

For any other misdemeanor not on the list, the offense becomes disqualifying if you were sentenced to more than 90 days in custody. Suspended sentences, time served on an immigration hold, and pretrial detention that did not lead to a conviction do not count toward that threshold. Three or more non-disqualifying misdemeanor convictions also bar you. Even without any of these bright-line problems, USCIS retains discretion to deny a request when a criminal record raises public-safety concerns.

What DACA Gives You

DACA grants two years of deferred action, meaning the government agrees not to pursue your removal during that period. It also makes you eligible for an Employment Authorization Document (EAD), commonly called a work permit, provided you can show economic need for employment.³ Both are renewable in two-year increments.

With an EAD, you can apply for a Social Security Number, which opens the door to formal employment, tax filing, and credit building. Most states also allow DACA recipients to obtain a driver’s license or state ID. Roughly half the states offer in-state tuition rates to DACA students at public universities, though policies vary and some states have recently narrowed access.

Once you have a Social Security Number and earn income, you are legally required to file a federal income tax return. If you previously filed using an Individual Taxpayer Identification Number (ITIN), switch to your SSN going forward. IRS confidentiality rules generally prevent your tax information from being shared with immigration enforcement.

What DACA Does Not Give You

DACA is not a visa, not a green card, and not a step toward citizenship. The original 2012 memorandum was explicit that the policy “confers no substantive right, immigration status or pathway to citizenship.”¹ You remain in unlawful status while deferred action is in effect; the government simply chooses not to act on it during your approved period.

DACA recipients cannot receive federal student financial aid, including Pell Grants and federal student loans. You can complete the FAFSA if you have a Social Security Number, but it will not unlock federal aid. Some states and individual colleges use FAFSA information to determine eligibility for their own scholarship programs, so filing may still be worth it depending on where you study.⁵

DACA recipients are also generally ineligible for federal means-tested benefits such as Medicaid, SNAP, and Supplemental Security Income. Marketplace health coverage under the Affordable Care Act is currently unavailable to DACA recipients. A 2024 federal rule briefly opened Marketplace enrollment to them, but that policy has since been reversed.⁶

Why New Applications Are Frozen

In 2021, a federal district court in Texas ruled the original DACA policy unlawful and blocked USCIS from granting new initial requests. DHS responded by issuing the DACA Final Rule in 2022. On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit partially upheld and partially modified the lower court’s ruling, limiting certain relief to Texas and sending the case back for further proceedings.⁷ A stay remains in place pending possible Supreme Court review.

USCIS still accepts and processes renewal requests and their work-permit applications. Initial requests are accepted on paper, but USCIS cannot approve them or issue work permits for first-time applicants while the court orders stand.² Filing now preserves your place in line, but do not expect a decision until the legal situation changes.

Renewing Your DACA

USCIS recommends filing your renewal between 150 and 120 days before your current DACA period expires, roughly four to five months out. Filing in this window reduces the chance that your deferred action and work authorization will lapse before USCIS decides your case. Filing earlier than 150 days will not speed processing.⁸

The expiration date that matters is the one printed on your Form I-797 DACA approval notice, not the date on your EAD card. Every filing, initial or renewal, requires three forms submitted together:⁹

Form I-821D, the core DACA request.
Form I-765, the application for a work permit.
Form I-765WS, the worksheet explaining economic need for employment.

You can file online through the USCIS myAccount portal or mail a paper package to the appropriate USCIS Lockbox.¹⁰ Under the fee schedule effective April 1, 2024, Form I-821D costs $85 and Form I-765 costs $470 online or $520 on paper, bringing the total to $555 online or $605 by mail. There is no separate biometrics fee. USCIS does not grant fee waivers for DACA, but narrow fee exemptions exist for applicants with a chronic disability, significant medical debt, or minors lacking family support, in each case with income below 150% of the federal poverty level.¹¹

Supporting evidence makes or breaks a filing. Gather documents proving your identity and age, your physical presence on June 15, 2012, your continuous residence since June 15, 2007 (school transcripts, employment records, medical records, bank statements, leases, utility bills), and your education or military service.

Traveling Outside the U.S.

This is where people make costly mistakes. The moment you leave the United States, your period of deferred action ends.³ If you travel abroad without first getting advance parole from USCIS, you lose your DACA protection and may be unable to return.

Travel to U.S. territories, including Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands, does not require advance parole.¹² Any other international travel does. Availability of advance parole for DACA recipients has shifted with different administrations, so check USCIS guidance before making plans.

If Your DACA Lapses

If DACA expires before your renewal is approved, several things happen at once. Your work authorization ends automatically, and your employer must stop allowing you to work. You are no longer shielded from removal. And unless you were under 18 when you filed your renewal, you begin accumulating unlawful presence for every day between the old expiration and the new approval.³

Unlawful presence matters because it triggers bars to future admission. More than 180 days triggers a three-year bar if you leave the country; more than a year triggers a ten-year bar. Even a short gap between DACA periods can start that clock. Filing within the 150-to-120-day window is the single most important step you can take to protect yourself.

Your Social Security Number does not expire when DACA lapses, but you lose the employment authorization that made it useful for legal work. Your driver’s license may also expire on the same date as your work permit, depending on your state. Keep savings on hand for possible processing delays and copies of all renewal receipts, which can help with employment verification during a gap.

1
Department of Homeland Security. Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
2
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals
3
U.S. Citizenship and Immigration Services. Frequently Asked Questions for Deferred Action for Childhood Arrivals (DACA)
4
eCFR. 8 CFR 236.22
5
Federal Student Aid. Undocumented Students and Financial Aid
6
Healthcare.gov. Immigration Status to Qualify for the Marketplace
7
Justia Law. Texas v United States, No 23-40653 (5th Cir 2025)
8
U.S. Citizenship and Immigration Services. Important Reminders Regarding the DACA Renewal Process
9
U.S. Citizenship and Immigration Services. Filing Tips for Deferred Action for Childhood Arrivals
10
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals
11
U.S. Citizenship and Immigration Services. Guidance for an Exemption from the Fees for a Form I-821D
12
U.S. Customs and Border Protection. DACA Approved Travel to US Territories Without Advance Parole