The DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions

Summary

The future of the Deferred Action for Childhood Arrivals (DACA) program and the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, two Obama Administration initiatives, is uncertain under President Donald Trump. As of the date of this report, the Trump Administration has not taken action on these initiatives.

The DACA program was established in June 2012, when the Department of Homeland Security (DHS) announced that certain individuals without a lawful immigration status who were brought to the United States as children and met other criteria would be considered for relief from removal for two years. To request consideration of DACA, an individual must file specified forms with DHS’s U.S. Citizenship and Immigration Services (USCIS) and pay associated fees. As of the date of this report, the DACA program is ongoing.

USCIS’s decision on a DACA request is discretionary. The agency makes determinations on a case-by-case basis. Individuals granted DACA may receive employment authorization. DACA recipients are not granted a lawful immigration status and are not put on a pathway to a lawful immigration status. They are, however, considered to be lawfully present in the United States during the period of deferred action.

The period of deferred action under DACA expires after two years unless it is renewed. DACA recipients may request renewal of their deferral for another two years in accordance with USCIS requirements and procedures. To request a renewal, an individual must file specified forms with USCIS and pay associated fees. USCIS’s decision on a DACA renewal request is discretionary, as it is on an initial DACA request.

Cumulatively, through September 30, 2016, USCIS approved more than 750,000 initial DACA requests and more than 580,000 renewal requests. The overall approval rate for DACA requests accepted and decided by September 30, 2016, was about 92% for initial requests and about 99% for renewals.

Congress has considered, but never enacted, legislation on the DACA program. It has also considered, but never enacted, related “DREAM Act” proposals, which generally are aimed at the same population of unauthorized childhood arrivals. A key difference between the DACA initiative and past DREAM Act proposals, however, is that the latter would establish a process for eligible individuals to become U.S. lawful permanent residents (LPRs).

The separate DAPA program was proposed by the Obama Administration in November 2014 to provide temporary relief from removal for certain parents of U.S. citizen or LPR children. Its implementation was blocked in the federal courts. It remains to be seen how this litigation may be affected by the change in administration.

This report provides answers to frequently asked questions about the DACA and DAPA initiatives.