Deferred Action for Childhood Arrivals (DACA)

Deferred action is a technical way of saying that the beneficiary is protected from deportation. It’s a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time.

Typically, the U.S. Department of Homeland Security grants deferred action to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. It’s a temporary status, and it can be revoked at any time. However, there is no direct path to lawful permanent residence (green card) or to U.S. citizenship.

DACA recipients are able to submit a renewal application, provided that the previous grant expires no more than one year ago. CitizenPath can help you prepare all three mandatory forms for the DACA application in a single process. We recommend that you file your DACA package 5 months before your current grant expires. This is the best way to avoid the accrual of unlawful presence and carrying an expired card. Even if your DACA grant already expired, you may apply.

• If you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA.
• If your most recent grant of DACA expired more than one year ago, you may not renew your status at this time. We recommend that you speak to an attorney to review your situation and strategies to get back in DACA status.

Losing your work permit does not mean that you've lost your DACA status. Officially known as an Employment Authorization Document (EAD), your work permit is physical proof of your right to live and work in the United States.

If your work permit was lost or stolen, you’ll need to replace it as soon as possible. DACA status continues to be valid until the card expires. See how to replace a lost work permit.

Maintain your DACA status. By law, individuals with an expired grant of DACA do become deportable. However, it's likely that Immigrations and Customs Enforcement (ICE) will not prioritize the removal of expired DACA recipients without a criminal record. You may participate in rallies and protests. But do so wisely and avoid any wrongful or illegal activities that could get you arrested and perhaps prosecuted. That will only aggravate your situation.

We also encourage you to seek the advice of an immigration attorney that can explain your options.

Generally, Deferred Action for Childhood Arrivals (DACA) recipients are exempt from the requirement to have health coverage. Additionally, the Affordable Care Act (aka “ACA” or “Obamacare”) does not allow DACA recipients to purchase health coverage from its health plans. However, DACA recipients can receive health insurance through an employer, buy private health insurance, or potentially qualify for some state-run programs that provide free or low-cost medical services for children and adults with limited income and resources.

If you have been granted DACA status and have received a Social Security card, you may be eligible for a driver's license. The rules governing eligibility for a driver's licenses vary by state (not federal government like USCIS). Therefore a grant of DACA does not automatically provide access to a state driver's license. But DACA recipients who have obtained an Employment Authorization Card (work permit) and Social Security card generally can satisfy the state requirements for a driver’s license or state ID. Here’s how:

1. Determine if You are Eligible in Your State
   Most states have confirmed that a driver's license will be available to individuals with a DACA grant. You may only obtain a driver's license in your state of residence. Contact your state’s department of motor vehicles to review the specific requirements for obtaining the driver's license or state ID.
2. Take Required Documents
   In most cases, you will need to take your Social Security card and Employment Authorization Card (work permit) as identification when applying for a driver's license or state ID. Again, check your state's requirements.
3. Take the Tests
   If you want a driver's license (rather than just a state ID), you will need to pass both a written test that covers traffic laws and a "behind the wheel" driving test.

DACA recipients should file income tax returns and pay income tax as required by law. In fact, DACA recipients may even be eligible for tax credits, including the Child Tax Credit, Earned Income Tax Credit, and other child care, and education tax credits. The Internal Revenue Service (IRS) also provides in-depth tax information for immigrants including an immigrant tax guide, and a residency and tax law overview.