Deferred Action for Childhood Arrivals, or more commonly known as DACA, is an act of prosecutorial discretion taken by the U.S. government that provides relief from removal, work authorization and the ability to request permission to travel outside of the U.S. When it was created on June 15, 2012 it was only a memorandum, similar to how an office would implement a procedure. That meant that it could be changed very easily at any time. However, as of October 31, 2022 the final rule for DACA is in effect. 

To be eligible for DACA, an applicant must show that:

• You were born on or after June 16, 1981
• You came to the United States before you turned 16 
• You have continuously resided in the United States since June 15, 2007, and until filing your request for DACA 
• You were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA 
• You had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA
• You are currently enrolled in school, have graduated from a U.S. high school or the equivalent, or are an honorably discharged veteran 
• You have not been convicted of a felony, 3 or more misdemeanors or a significant misdemeanor
• You do not pose a threat to national security 
• You warrant a favorable exercise of discretion

Concepts such as continuous residence and whether a misdemeanor is significant are legal terms of art that an attorney can help you understand. If you think you might be eligible for this form or relief, or have further questions about it, please contact Transparent Justice to help you with your immigration process.