What is DACA? 

Important Update: Recent guidance has changed how Advance Parole travel may affect people who have accumulated unlawful presence in the United States. Traveling outside the U.S. with Advance Parole could trigger the 3- or 10-year unlawful presence bars in some cases. DACA recipients should speak with a qualified immigration attorney before traveling. Learn more here.

DACA, also known as Deferred Action for Childhood Arrivals, is an executive order created in 2012 under the Obama Administration to protect certain individuals who came into the United States as children and held no lawful status. While DACA does not provide a direct pathway to citizenship, DACA allows eligible recipients, often referred to as Dreamers, the opportunity to work legally, pursue an education, and live free from threat of deportation. Since its creation, DACA has impacted hundreds of thousands of young adults, allowing them to live safe and dignified lives in the United States.  

North Suburban Legal Aid Clinic (NSLAC) provides legal assistance in DACA renewals, work permits and guidance for those who may be eligible but cannot currently apply.  

What is the Status on DACA? 

Legal challenges to DACA began in 2017 during the first Trump administration.  In 2021, a Texas federal judge ruled the program unlawful and blocked new and pending applications from being processed or approved. Renewals for existing recipients, however, were allowed to continue.  

Since then, court battles have kept the program in limbo. Most recently, in January 2025, the Fifth Circuit Court of Appeals upheld the 2021 ruling, agreeing that elements of DACA were unlawful but limited these ruling to the state of Texas. This ruling also calls for the possibility of processing initial applications.  

Current DACA Status:  

  • Renewals are still being approved nationwide: DACA recipients are still able to renew their DACA and be approved for work authorization and deportation protection. It is recommended that recipients renew early, ideally 150 days before expiration, to avoid processing delays and reduce the risk of gaps in lawful status. 
  • Initial applications are being accepted but not processed: USCIS continues to accept applications for first-time applicants, but these applications are not being processed at this time. While the January 17, 2025, ruling allows the possibility of pending applications to be processed, no official guidance has been announced.   
  • Texas Restrictions: As the only state actively pursuing additional limits on DACA, Texas may impose extra legal obstacles for residents renewing their work permits. However, deportation protections for existing recipients remain in effect. 

Who is Eligible for DACA?  

To be eligible to apply for DACA, you must meet the following criteria: 

  • Age Requirement: Be under 31 years old as of June 15, 2012 (born on or after June 15, 1981). 
  • U.S. Arrival Date: Arrived to the United States before your 16th birthday. 
  • Residence Requirement: You have lived in the United States continuously since June 15, 2007, and were physically present in the U.S. on June 15, 2012 
  • Immigration Status: You did not have lawful immigration status on June 15, 2012, and do not currently have lawful status. 
  • Education or Military Service: You are currently in school, have graduated from high school or earned a GED, or you are an honorably discharged veteran 
  • Criminal Record: You have not been convicted of a felony or a significant misdemeanor 

Learn more about these criteria HERE 

How Much Does a DACA Renewal Cost? 

In 2024, USCIS increased filling fees for various immigration forms, including DACA and Work Authorization renewals. Here’s the breakdown:  

Electronic Filing 

  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals): $85 

Paper Filing 

  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals): $85 
  • Form I-765 (Work Permit): $520 

Cost may also vary if you hire a private immigration attorney. We recommend finding help from a trusted legal nonprofit that can assist with completing and submitting your DACA forms, often at little or no cost. Click HERE to find a legal nonprofit near you 

Beware of Notarios: Only work with qualified immigration attorneys or accredited DOJ representatives to avoid scams and ensure your application is handled correctly. 

Can DACA Recipients Travel? 

Yes, DACA recipients can travel within the U.S. and, in certain situations, internationally. 

Domestic Travel
Traveling within the continuous United States is generally permitted, but it’s important for DACA recipients to carry valid identification, such as a REAL ID. Any individual without permanent residency or U.S. citizenship should travel with caution, especially when passing through areas with immigration checkpoints, such as areas near the U.S.–Mexico border. DACA recipients should avoid traveling to Hawaii, Alaska or any U.S. territory like Puerto Rico at this time.  

International Travel with Advance Parole

International travel is only allowed if a recipient applies for and is granted Advance Parole, a travel document that allows certain individuals to travel outside the United States and seek permission to re-enter. Advance Parole does not guarantee re-admission, and travel may have additional immigration consequences depending on a person’s immigration history. U.S. Customs and Border Protection makes the final decision at the port of entry. DACA recipients should speak with a qualified immigration attorney before traveling and review the Important Notice above.

DACA recipients may request Advance Parole for: 

  • Educational purposes – e.g., studying abroad, academic research. 
  • Employment purposes – e.g., overseas job assignments, training. 
  • Humanitarian reasons – e.g., visiting a seriously ill relative, attending a funeral. 

Applicants must provide documentation supporting their reason for travel, and approval is at the government’s discretion.  

When granted, Advance Parole can also be valuable for future immigration filings, as it allows recipients to re-enter the U.S. with a recorded legal entry, which may open additional pathways to adjust status in the future. 

What Are The Benefits of DACA?  

Since its creation in 2012, DACA has provided life-changing opportunities for Dreamers. The program offers temporary and renewable protections that allow Dreamers to live and work lawfully, while also being protected from deportation threats.  

When granted, DACA provides: 

  • Work Authorization: Recipients receive an Employment Authorization Document (EAD), allowing them to work legally in the U.S., pursue better job opportunities, and contribute to their communities and the economy. 
  • Deportation Protection: DACA protects recipients from being deported from the United States for the duration of their approved period, as long as they maintain eligibility. 
  • Access to a Social Security Number: Enables recipients to open bank accounts, build credit, and apply for certain professional licenses. 
  • Eligibility for a Driver’s License, State IDs and Real IDs: In most states, a valid work permit allows recipients to obtain state-issued identification 
  • In-State Tuition in Some States: Certain states permit DACA recipients to pay in-state tuition rates at public colleges and universities, reducing the cost of higher education. 

While DACA does not offer a direct pathway to legal permanent residency or citizenship, DACA continues to be an essential program, giving young people the ability to build stable lives, continue their education, and plan for their futures with greater security. 

How Can a DACA Recipient Become a Citizen?  

DACA does not provide a direct path to U.S. citizenship. However, some recipients may qualify to apply for permanent residency through other immigration pathways, that can lead to citizenship. 

Common pathways include: 

  • Family Sponsorship – Marriage to a U.S. citizen or being sponsored by certain family members who are citizens or lawful permanent residents. 
  • Employment-Based Green Card – In some cases, an employer may be able to sponsor a recipient for permanent residency. 
  • Humanitarian Programs – Such as asylum, Special Immigrant Juvenile Status (SIJS), or certain visas for crime or trafficking survivors (U visa or T visa). 
  • Advance Parole Entry – If a DACA recipient is permitted to re-enter the U.S. after traveling with Advance Parole, that entry may help some individuals meet certain requirements for adjustment of status through a qualifying family or employment petition. However, under a recent legal update, traveling with Advance Parole may trigger unlawful-presence bars for some individuals and does not automatically make someone eligible for a green card. See the notice above for more details. 

The process to become a U.S. citizen typically involves: 

  1. Becoming a lawful permanent resident (green card holder). 
  2. Meeting residency requirements (usually 3–5 years). 
  3. Applying for naturalization and passing the English and civics tests. 

Because every immigration case is unique, it’s essential for DACA recipients to consult with a qualified immigration attorney or DOJ accredited representative before taking any steps toward adjusting status or traveling abroad. 

What Is The Future of the Program? 

Although DACA is currently still in effect, legal disputes over the last decade have severely threatened the program. President Trump has announced no new plans to terminate the program, but it is ultimately unclear what the future of DACA is. Amidst the wave of deportations that has characterized the Trump administration, it is critical that DACA recipients renew their status before they are due to expire.  

Free Legal Immigration Help 

North Suburban Legal Aid Clinic (NSLAC) provides free immigration legal assistance to community members living in Lake County and north suburban Cook County. If you or someone you know need assistance in renewing their DACA or work permits, please reach out to info@nslegalaid.org or call 847-737-4042 to schedule your consultation. NSLAC also provides free legal aid in the areas of Housing and Domestic Violence. 

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