DACA Approaches Second Anniversary, Renewal Process Announced

Author: Melissa A. Silver, XpertHR Legal Editor

June 9, 2014

The Department of Homeland Security has announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program.

DACA became effective in June 2012. It allows young individuals who were brought into the US as children and who meet certain criteria to be considered for relief from removal from the US or from entering into removal proceedings. In order to be eligible for this deferred action, an individual must demonstrate through verifiable documentation that he or she:

  • Was under age 16 when he or she arrived in the US;
  • Has resided continuously in the US for at least five years preceding June 15, 2012 and was present in the US on June 15, 2012;
  • Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the US Coast Guard or US Armed Forces;
  • Has not been convicted of a felony offense, a significant misdemeanor or offense, multiple misdemeanor offenses, or does not otherwise pose a threat to national security or public safety; and
  • Is not more than 30 years old.

If an individual receives deferred action, he or she can apply for and obtain an authorization for employment from the United States Citizenship and Immigration Services (USCIS). Deferred action is granted in two-year increments.

Because the first DACA approvals are due to expire in September 2014, effective immediately, USCIS will begin accepting renewal requests. According to the announcement, "To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires."

An individual may request DACA renewal if he or she continues to meet the criteria listed above, as well as the following additional criteria:

  • Did not depart the US on or after August 15, 2012 without advance parole;
  • Has continuously resided in the US since submitting his or her most recent DACA request that was approved; and
  • Has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

The DACA renewal process requires an individual to file the following forms:

  • The new version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
  • Form I-765, Application for Employment Authorization, and
  • I-765 Worksheet.

In addition, USCIS will conduct a background check when processing DACA renewals.