Like many aspects of immigration law today, Deferred Action for Childhood Arrivals (DACA) is going through significant changes in the United States. If DACA affects the legal status of you or someone you love, it makes sense to keep a close eye on these changes. It also makes sense to understand the complexities and nuances of the political debates surrounding this issue. Although no one can predict what immigration policy might look like in the next few years, it can help to learn what you can now. A consultation with an immigration lawyer in Dallas is the best first step.
What is Deferred Action for Childhood Arrivals?
Deferred Action for Childhood Arrivals is exactly what it sounds like. If you gain protection under this program, immigration authorities may not initiate deportation proceedings against you. You may qualify if you arrived in the United States at a young age. The first iteration of DACA arrived in 2012 when the Department of Homeland Security (DHS) recognized that childhood arrivals were “low enforcement priorities” and gave these individuals temporary lawful status.
What is the Current Status of DACA?
In 2017, the DHS tried to rescind DACA, but that effort proved unsuccessful thanks to a 2018 district court decision. Due to this court decision, the DHS is still processing renewals for existing DACA recipients. However, the current policy is not to process new DACA applications. Another decision by the Court of Appeals for the Fifth Circuit reiterated a commitment to continue processing DACA renewals.
Do I Qualify for DACA?
Those who qualify for DACA arrived in the country before the age of 16. Those who reached the age of 31 before June 15, 2012, are ineligible for this program, even if they were under 16 at the time. To maintain DACA protections, you must have remained in the United States “continuously” since 2007. Those under the age of 15 do not qualify. If you are not currently enrolled in school and you have not graduated from high school (or obtained a GED), you may not qualify for DACA. The only exception is if you have been honorably discharged from military service, which automatically gives you DACA protections.
You also need a relatively clean criminal record to maintain your DACA protections. Felonies disqualify you, as do “significant misdemeanors” or multiple misdemeanors (regardless of their severity).
Can I Apply for DACA?
As of this writing, you can still apply for DACA. An application of this nature is called an “initial DACA request.” However, U.S. Citizenship and Immigration Services (USCIS) states that while it will accept initial requests, it will not process them. In other words, you can add your request to a backlog, but there is no guarantee that immigration authorities will ever consider it. When you file an initial request in this manner, you are essentially betting that USCIS will one day begin processing initial requests once again.
Can I Renew My DACA Protections?
You can renew your DACA protections every two years indefinitely. In theory, this would allow you to remain in the country despite not having “legal status.” USCIS will continue to process renewals for those who have already been approved for DACA protections. That being said, relying on DACA protections indefinitely could be risky. You may need to apply for a renewal approximately six months before your protections expire due to significant backlogs.
You might also want to consider a pathway toward permanent residence or citizenship while you renew your DACA protections. Once you gain a green card, you can potentially stop worrying about renewing your status every 1.5 years. Speak with an experienced immigration lawyer to learn more about potential pathways toward legal status.
Could DACA Change in the Future?
DACA is an incredibly partisan issue. In other words, Democrats tend to support the program while Republicans tend to reject it. Because the American political system seems to swing violently from right to left, DACA could change significantly depending on which party gains power in the future.
As a result, one might expect the government’s stance on DACA to soften if the Democrats gain power in 2028. On the other hand, the current administration makes no secret about its goals to roll back DACA protections. In 2025, the government made it very clear that while it had committed to renewing DACA protections, it reserved the right to make “future lawful changes to DACA.”
Can I Be Deported as a DACA Recipient?
One might assume that gaining protection under DACA prevents you from being deported, but this is not entirely true. In theory, it should be impossible for the government to deport you after you receive DACA protections. In reality, many DACA recipients have reportedly been deported from the country in recent months and years. The government can potentially revoke your DACA protections at any time, for virtually any reason imaginable.
Perhaps the most common excuse the government uses to deport DACA recipients is criminal activity. Technically, the government is allowed to deport you if a new criminal conviction would make you ineligible for DACA protections.
Can a DACA Lawyer in Dallas Help Me?
Although the internet is a valid source of information, you can’t trust everything you read online about DACA. Many people claim to have the answers, but experienced immigration lawyers in Dallas have the most knowledge and experience when it comes to this topic. As a result, a consultation with one of these legal professionals could provide you with more accurate, up-to-date knowledge of DACA’s current evolution. If recent changes to DACA threaten your legal status or cause any other immigration issues for your family, an immigration lawyer may be able to guide you toward positive outcomes. Start a new conversation by contacting The Presti Law Firm, PLLC at (214) 831-8078. You can also find us online.