This is a rapidly changing area of law and the information below may not be accurate. You should consult an attorney with questions about DACA.
What is “deferred action”?
Deferred action is a form of “prosecutorial discretion” to defer a removal action of an individual. Prosecutorial discretion means that, even if the law says you can be deported, the government has the power to decide whether they will do so. Requests for consideration of deferred action are made on a case-by-case basis. If you are granted deferred action, it means that the government has decided not to move forward with your deportation.
What is Deferred Action for Childhood Arrivals (DACA)?
As the name suggests, Deferred Action for Childhood Arrivals (DACA) is a policy that allow the government to defer removal action of undocumented immigrant children who were brought into the country unlawfully by their parents. Under DACA, eligible immigrant children may avoid deportation for two-years. If approved, individuals are eligible for work authorization and thus can live and work in the United States. However, deferred action does not confer any lawful immigration status.
What is the status of DACA now?
DACA policy and law is changing quickly. For the most up-to-date information on the status of DACA, please review the information on the U.S. Citizenship and Immigration Services Consideration of Deferred Action for Childhood Arrivals (DACA) page.
For questions on eligibility and the process for requesting Consideration of Deferred Action for Childhood Arrivals (DACA), please visit a local legal service provider.