Deferred Action for Childhood Arrivals, or DACA, is a U.S. immigration policy that allows certain individuals who were brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. While the program has offered hope and stability to hundreds of thousands of young people, its future has been the subject of ongoing court battles, creating confusion and anxiety for many.
If you have questions about the status of DACA and whether you qualify, contact a trusted immigration lawyer in Tampa.
Key Takeaways: What Is DACA and Who Qualifies for It?
- Deferred Action for Childhood Arrivals (DACA) is an immigration policy providing temporary protection from deportation and work authorization to eligible young immigrants.
- The program does not provide a direct path to lawful permanent residence (a green card) or U.S. citizenship.
- To initially qualify, applicants had to meet specific age, residency, educational, and criminal background requirements.
- Due to court orders, U.S. Citizenship and Immigration Services (USCIS) is not currently processing initial, first-time DACA applications.
- Current DACA recipients are still able to request renewals of their deferred action and work authorization.
Understanding DACA: More Than Just an Acronym
It’s easy to get lost in legal terms, but the idea behind DACA is straightforward. "Deferred action" means the government has decided not to pursue the deportation of an individual for a specific period. It’s a temporary reprieve, not a permanent solution or legal status.
For many recipients, often called "Dreamers," DACA unlocked opportunities that were previously out of reach. It meant being able to get a driver's license, apply for a job without fear, and pursue higher education, allowing them to participate more fully in the communities they’ve always called home, from Tampa to cities across the nation. It represents a chance to live and work in the U.S. with a measure of security.
The Original DACA Requirements: Who Was Eligible?
When the program was first introduced, USCIS established a clear set of guidelines for those who could apply. These rules were designed to focus on individuals who grew up in the United States but lacked legal status through no fault of their own.
An individual had to meet all of the following criteria to be considered:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Meeting every single one of these requirements was essential for an application to be approved during the period when initial requests were being accepted.
The Current State of DACA in 2025: What You Need to Know
The status of DACA has changed due to ongoing litigation. A January 2025 decision from the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court ruling that the DACA policy is unlawful. However, the court’s order temporarily paused the impact of this ruling for existing DACA recipients. This legal limbo can be confusing, so let’s break down what it means for you.
Here is the current situation based on the court’s order:
- If you currently have DACA: You can still apply to renew your DACA and your Employment Authorization Document (EAD), or work permit. It is crucial to stay on top of your renewal timeline.
- If you have never had DACA: USCIS will accept your first-time application, but it is prohibited from processing it. This means new applications are on hold indefinitely.
- If your DACA expired more than a year ago: You must file a new initial application, which, as mentioned, cannot be processed at this time. This puts you in a difficult position where seeking legal guidance is particularly important.
For the many young people building their lives in Hillsborough County and across Florida, this news brings a mix of relief and ongoing uncertainty. The ability to renew offers temporary stability, but the hold on new applications leaves many others waiting for a permanent solution from Congress.
The Benefits of DACA for Recipients
Despite the uncertainty, the benefits for those who have DACA are life-changing. The program provides tangible tools that allow recipients to build stable futures in the U.S.
- Protection from Deportation: This is the core benefit. For two years at a time, recipients can live with less fear that they will be separated from their families and the only country they know.
- Work Authorization: With DACA comes the eligibility to apply for an Employment Authorization Document (EAD). This document allows recipients to work legally, pay taxes, and contribute to the economy. It opens doors to better-paying jobs and professional careers.
- Access to Other Opportunities: Holding a valid EAD and a Social Security number allows recipients to apply for a state driver's license, open bank accounts, build credit, and in some states, qualify for in-state college tuition rates.
These benefits are more than just documents; they are keys to independence, education, and the ability to support oneself and one's family.
Challenges That Can Affect Your DACA Status
Because DACA is a temporary and discretionary form of protection, certain life events can put your renewal eligibility at risk. It’s important to understand how other legal issues could intersect with your immigration status.
Criminal Charges and Your DACA Status
The DACA guidelines are very strict about criminal history. A conviction for a felony, a significant misdemeanor, or even multiple minor misdemeanors can make you ineligible for renewal. A "significant misdemeanor" is a broad category that can include various offenses, depending on the nature of the crime and the sentence.
If you are facing any criminal charge, it is vital to understand not just the criminal penalties but also the potential immigration consequences. Protecting your DACA status should be a top priority.
Workplace Issues and DACA
Your rights as a worker in the U.S. are protected regardless of your immigration status. Let's say you're a DACA recipient working on a construction site near the University of Tampa and you get injured on the job. You may worry that filing for workers' compensation will draw unwanted attention to your immigration status and jeopardize your next DACA renewal. However, you should not have to choose between your health and your future.
An immigration attorney can help you understand how to assert your rights as a worker while proactively shielding your DACA status from any potential negative impact.
FAQs: What Is DACA and Who Qualifies for It?
Here are answers to some common questions about the DACA program that can provide additional clarity.
Can I travel outside the U.S. with DACA?
Yes, but only with special permission called Advance Parole. DACA recipients can apply for Advance Parole to travel for specific humanitarian, educational, or employment-related reasons. Traveling without it can result in being unable to re-enter the U.S. and could terminate your DACA.
Does DACA lead to a green card or U.S. citizenship?
No. DACA is not a legal status and does not provide a direct pathway to becoming a lawful permanent resident (getting a green card) or a U.S. citizen. A permanent solution for Dreamers would require an act of Congress.
What happens if my DACA renewal is denied?
If your renewal is denied, your DACA and work permit will expire on their listed date. Once they expire, you will no longer be protected from deportation and will no longer be authorized to work. You would also begin to accrue "unlawful presence," which can have serious long-term immigration consequences.
How much does it cost to apply for DACA?
As of early 2025, the total USCIS filing fee for a DACA request (both initial and renewal) is $495. This includes the $85 biometrics fee and the $410 fee for the work permit application. Be aware that these fees are subject to change.
Is the information I provide on my DACA application kept confidential?
According to USCIS policy, the information you share in your DACA request is protected from being disclosed to immigration enforcement agencies (like ICE and CBP) for the purpose of removal proceedings unless the requester meets the criteria for the issuance of a Notice to Appear.
Don't Navigate Your Immigration Journey Alone
The DACA program is complex, and its rules are constantly shifting with court decisions and policy changes. Facing this uncertainty alone can feel overwhelming. Every deadline is critical, and every piece of information matters for your future, your family, and your life here in the United States.
At Ragheb Law PLLC, immigration is not just our area of practice—it's personal. Caroline, our firm’s attorney, is an immigrant and the child of immigrants who has navigated the system firsthand. We believe your story deserves personal attention, and you will work directly with an attorney dedicated to your case.
If you have questions about your DACA renewal or are worried about how another legal issue might affect your status, we are here to help. Contact Ragheb Law PLLC today at (813) 938-0209 or through our online form to discuss your situation and learn how we can help protect your rights and your future.