DACA: Frequently Asked Questions

DACA: Frequently Asked Questions

Last updated DECEMBER 22, 2020


National Immigration Law Center and Immigrant Legal Resource Center


On December 4, 2020, the U.S. District Court for the Eastern District of New York vacated the July 2020 DHS Memo and restored the Deferred Action for Childhood Arrivals (DACA) program to its original 2012 form. This means that the U.S. Department of Homeland Security (DHS) must now accept first-time requests and renewal requests for DACA as well as advance parole requests from eligible DACA recipients. In addition, individuals who received one-year DACA protection have had their DACA protection and work authorization automatically extended to two years.

Note that this resource is not meant to serve as legal advice. All individuals who want to understand how the court’s orders and DHS’s actions impact them should speak with a trusted legal service provider. The status of DACA has been rapidly changing and individuals should continue to seek new information from updated resources. In addition, we encourage you to visit the DACA class counsels’ webpage (dacaclassaction.org), and U.S. Citizenship and Immigration Services’ (USCIS’s) webpage regularly.

This FAQ provides responses to the following questions:

  1. Why was this court order possible?
  2. What is DACA?
  3. What is the status of the DACA program today?
  4. I have heard that there is a DACA class action lawsuit. What does that mean?
  5. Can I apply for DACA for the first time?
  6. If I currently have DACA, can I still renew? When should I file for renewal?
  7. Can I apply for advance parole?
  8. If I recently submitted a DACA renewal request, how does the December order affect me?
  9. If I was issued a one-year work authorization and DACA grant, how does this order affect me?
  10. If I submitted a first-time application for DACA and it got rejected, how does this order affect me?
  11. What will happen if I submitted an application for advance parole before this announcement?
  12. What should I consider before I apply for DACA?
  13. Will USCIS use my information, even if my request was rejected?
  14. Will DACA be terminated?
  15. Who can help me complete a DACA application or give me some advice on my case?
  16. What are some demands people can make to lawmakers to protect immigrant communities?

To download the FAQ, CLICK HERE (PDF)
(The above link takes you to the Immigrant Legal Resource Center’s website.)