Keith Mack
The Deferred Action for Childhood Arrivals (DACA) was created by Janet Napolitano, Secretary of the Department of Homeland Security under the Obama Administration, on June 15, 2012. DACA is an immigration policy that provides a 2-year deferment from deportation actions and eligibility for a work permit. To be eligible for DACA, applicants must have been physically present in the United States on June 15, 2012, currently in school, graduated, obtained a certificate of completion from high school, or have been honorably discharged from the Coast Guard or Armed Forces of the United States. Additionally, applicants cannot have been convicted of a felony or pose a threat to national security or public safety. The future of the DACA program remains uncertain due to ongoing litigation and court challenges.
| Characteristics | Values |
|---|---|
| Date created | June 15, 2012 |
| Created by | Janet Napolitano, Secretary of the Department of Homeland Security under the Obama Administration |
| Type | Immigration policy |
| Purpose | To provide a 2-year deferment from deportation actions and eligibility for a work permit |
| Requirements | Physically present in the US on June 15, 2012, and at the time of the request for consideration under DACA; currently in school, graduated or obtained a certificate of completion from a high school, or have obtained a GED, or honorably discharged veteran of the Coast Guard or Armed Forces of the US; have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety |
| Current status | The future of the program is uncertain, with court challenges and litigation ongoing |
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What You'll Learn
DACA was created by the Obama administration in 2012
The Deferred Action for Childhood Arrivals (DACA) policy was created by the Obama administration in 2012. It was established as an immigration policy to address the status of minor children brought into the United States who were unable to establish permanent residency and faced deportation. This was in response to the failure of the DREAM Act legislation to pass in Congress, which would have provided a pathway to permanent residency for undocumented immigrants brought to the United States upon meeting certain qualifications.
DACA was initiated by President Obama in 2012 and provided a 2-year deferment from deportation actions and eligibility for a work permit. The requirements for participating in DACA included being physically present in the United States on June 15, 2012, being under the age of 31 as of that date, and having no felony or significant misdemeanor convictions. The policy was implemented by Janet Napolitano, Secretary of the Department of Homeland Security, through a memorandum issued on June 15, 2012.
The creation of DACA under the Obama administration was a significant development in immigration policy, providing temporary relief and opportunities for undocumented youth in the United States. It allowed them to legally work, pursue further education, and plan for their future. The policy has faced legal challenges and attempts to dismantle it, with ongoing litigation and debates surrounding its legality.
The Biden administration has taken steps to preserve and fortify DACA, issuing executive orders and memorandums directing the Secretary of Homeland Security to take appropriate action. These efforts have resulted in the establishment of regulations to protect DACA recipients and maintain their status. However, the future of the DACA program remains uncertain, with ongoing court challenges and varying rulings across different states and courts.
As of 2025, the legality of the DACA program is still being contested, with active recipients retaining their status and renewals being accepted while first-time applications remain on hold. The impact of DACA on the socioeconomic status of its recipients has been significant, providing opportunities for legal work and upward mobility. The program has been a subject of ongoing debate, with supporters arguing for the protection of children and the practical benefits of prosecutorial discretion, while opponents frame it as a reward for illegal activity.
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President Biden reinstated DACA in 2021
President Joe Biden issued an executive order on January 20, 2021, reinstating DACA (Deferred Action for Childhood Arrivals). DACA was initiated by President Obama in 2012 as an immigration policy to provide a 2-year deportation deferment and work eligibility for undocumented immigrants brought to the US as children.
Biden's 2021 executive order directed the Secretary of Homeland Security and the Attorney General to take appropriate action to preserve and fortify DACA policies within applicable laws. This action came after years of aggressive measures to restrict immigration. The Biden administration aimed to reshape the US immigration system and protect undocumented immigrants, including minors, from deportation.
However, on July 16, 2021, federal judge Andrew Hanen ruled that the DACA program was "created in violation of the law" and blocked new applicants. While current recipients could retain their status, the government was barred from accepting new applications. This ruling was affirmed by the Fifth Circuit Court of Appeals, and the case was returned to Judge Hanen to consider the legality of the Biden administration's new formal DACA rule.
Despite the Biden administration's efforts to remedy procedural errors, Judge Hanen ruled again in 2023 that the codified form of DACA violated federal law. This decision expanded the original injunction, but it continued to allow renewals and maintain the status of current recipients. The ongoing legal battle surrounding DACA may eventually reach the Supreme Court, with the Biden administration appealing to protect the program.
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DACA is not a law, but a temporary fix
Deferred Action for Childhood Arrivals (DACA) is a temporary fix and not a law. It is an executive branch memorandum that was announced by President Barack Obama on June 15, 2012, following a campaign by immigrants, advocates, and supporters.
DACA provides a 2-year deferment from deportation actions and eligibility for a work permit. To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records. It is important to note that DACA does not provide a path to citizenship for recipients. President Obama clarified this point, stating, “Let's be clear—this is not amnesty, this is not immunity. This is not a path to citizenship."
A senior government official further emphasized that DACA is temporary and revocable, explaining that it "simply says that for three years, you are not a law enforcement priority and are not going to go after you." This temporary nature of DACA has been a subject of legal debate and challenges.
In June 2017, under President Donald Trump, the U.S. Department of Homeland Security rescinded the expansion of DACA and announced a plan to phase it out, triggering multiple lawsuits. While three U.S. district courts ordered an injunction preventing the phase-out, Judge Andrew Hanen of the Southern District of Texas ruled in August 2018 that DACA was likely unconstitutional but allowed the program to remain in place during litigation.
On January 20, 2021, President Joe Biden issued an executive order reinstating DACA. However, Judge Hanen ruled in July 2021 that the program was "created in violation of the law" and blocked new applications. This ruling allowed current DACA recipients to maintain their status and renewals during the appeals process.
The legal debate over DACA's legality continued, with an appellate court affirming in October 2022 that DACA is "unlawful." Subsequently, in November 2023, an appeal was brought before the United States Court of Appeals for the Fifth Circuit to determine whether a federal district court order terminating DACA based on its violation of federal law would be upheld.
As of January 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision for USCIS to continue accepting and processing DACA renewal requests and accompanying applications for employment authorization. However, it is important to note that this decision does not apply to initial DACA requests, which will not be processed at this time.
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The DREAM Act failed to pass in Congress
The Development, Relief, and Education for Alien Minors Act, or DREAM Act, was first introduced in 2001 by Dick Durbin and Orrin Hatch. The DREAM Act was intended to create a pathway to conditional residency and permanent residency for immigrants based on their age at the time of entry into the United States. However, despite multiple attempts to pass the legislation, the DREAM Act failed to gain enough support in Congress and was never enacted into law.
In 2007, the DREAM Act was considered by Congress but failed to overcome a bipartisan filibuster in the Senate. The bill faced opposition from senators who argued that it would reward illegal activity and create an incentive for minors to enter the country illegally. Despite these concerns, supporters of the bill continued to advocate for its passage, and it was reintroduced in various forms over the next few years.
In 2010, the House of Representatives passed the DREAM Act by a vote of 216-198. However, the bill again faced a filibuster in the Senate and was unable to get the 60 votes needed to end the filibuster and bring the bill to a vote. Despite efforts to address concerns and make changes to the legislation, the DREAM Act continued to face opposition and was unable to pass in the Senate.
In response to the failure of the DREAM Act to become law, President Barack Obama initiated the Deferred Action for Childhood Arrivals (DACA) program in 2012. DACA provided a temporary solution to protect undocumented immigrants who were brought to the United States as children from deportation. DACA has faced legal challenges and its existence has been uncertain at times, but it remains in place as of 2025 and continues to provide protection and opportunities for eligible individuals.
While the DREAM Act failed to pass in Congress, it sparked important conversations about immigration reform and the status of minor children brought to the United States without legal status. The DREAM Act and DACA have both been influential in shaping immigration policy and continue to be the subject of debate and legal challenges.
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The Supreme Court blocked Trump's attempt to end DACA in 2020
Deferred Action for Childhood Arrivals (DACA) was created by the Obama administration in 2012. The policy allowed certain noncitizens who entered the United States as minors to remain in the country and avoid deportation. DACA recipients were also eligible for work permits.
In 2017, the Trump administration announced a plan to phase out DACA, triggering multiple lawsuits. On June 18, 2020, the U.S. Supreme Court blocked the Trump administration's attempt to end DACA, ruling that the termination was “arbitrary and capricious" and violated the Administrative Procedure Act (APA). The Court found that the Department of Homeland Security (DHS) failed to consider the protections from deportation that DACA provided and the hardship that rescinding DACA would cause for its recipients.
The Supreme Court's decision was celebrated by immigration advocates and DACA recipients, who argued that DACA recipients had enrolled in degree programs, started careers, and made significant contributions to the country. The decision also highlighted the popularity of the DACA program, with polls showing high support among Democratic, independent, and Republican voters.
While the Supreme Court blocked the immediate termination of DACA, it affirmed that the Trump administration could still end the program if it followed the proper procedures. The fate of DACA remains uncertain, with ongoing legal challenges in lower courts.
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Frequently asked questions
DACA, or Deferred Action for Childhood Arrivals, was created by Janet Napolitano, Secretary of the Department of Homeland Security under the Obama Administration, on June 15, 2012.
DACA provides a 2-year deferment from deportation actions and eligibility for a work permit. It allows undocumented youth to work legally in the United States and avoid the possibility of deportation to countries where they have not lived since they were very young.
The future of the DACA program is uncertain due to ongoing litigation. In 2025, a federal appeals court ruled against the legality of the program, but there is currently a stay on the ruling until further orders are issued.
To be eligible for DACA, individuals must have entered the U.S. before June 15, 2007, and be under the age of 31 as of June 15, 2012. They must also be currently in school, have graduated or obtained a certificate of completion from a high school, or have been honorably discharged from the Coast Guard or Armed Forces of the United States. Additionally, they must not have been convicted of a felony or significant misdemeanor and must not pose a threat to national security or public safety.
