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The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, has faced numerous legal challenges and policy shifts, impacting the lives of hundreds of thousands of undocumented immigrants brought to the United states as children.As of January 19, 2026, DACA remains in effect, but its future remains uncertain following court rulings and ongoing political debate.
What is the Deferred Action for Childhood Arrivals (DACA) Program?
Table of Contents
The Deferred Action for Childhood Arrivals (DACA) program is a U.S. immigration policy first announced on June 15, 2012, by the Department of Homeland Security. It allows certain undocumented immigrants who entered the country before their 16th birthday and meet specific criteria to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
The program was created in response to Congressional inaction on the Growth, Relief, and Education for Alien Minors (DREAM) Act. DACA recipients, often called “Dreamers,” are able to work, study, and contribute to the U.S. economy without fear of deportation during the deferral period.
Example: As of December 31, 2023, approximately 582,000 individuals were approved for DACA, according to U.S. Citizenship and Immigration Services (USCIS) data.
Eligibility Requirements for DACA
To be eligible for DACA, individuals must meet several criteria established by USCIS.
- Must have come to the U.S. before age 16.
- Must be currently enrolled in high school or have already graduated or obtained a GED.
- Must have a clean criminal record.
- Must not pose a threat to national security.
- Must have resided in the U.S. continuously since June 15, 2007.
These requirements are subject to change based on court rulings and policy updates. The USCIS website provides the most up-to-date information on eligibility criteria.
Detail: The continuous residence requirement has been a point of contention in legal challenges,with courts debating what constitutes a break in continuous residence.
Legal Challenges and Court Rulings
The DACA program has faced numerous legal challenges as its inception,primarily from states arguing that the program was implemented without proper authority and harmed their residents.
In 2017, the Trump governance attempted to rescind DACA, arguing that it was an overreach of executive power. this decision was challenged in court, and the Supreme Court ultimately ruled in June 2020, in Department of Homeland Security v.Regents of the University of California,that the Trump administration’s attempt to end DACA was unlawful. The Supreme Court’s decision found that the administration did not adequately explain its reasoning for rescinding the program.
Though,a July 2021 ruling by a Texas federal judge in the case of Texas v. Biden,found that the DACA program was illegally implemented and blocked new applications. The ruling stated that the program violated the Administrative Procedure Act. This ruling was appealed, and the Fifth Circuit Court of Appeals largely upheld the lower court’s decision in September 2022.
Breaking News Check (2026/01/19 09:18:38): As of this date, the Fifth Circuit Court of Appeals ruling remains in effect, preventing new DACA applications.Current recipients can continue to renew their status, but their future remains uncertain. The Biden administration has continued to appeal the ruling, and legislative efforts to provide a permanent solution for Dreamers are ongoing, but have not yet been prosperous. NBC News provides ongoing coverage of the legal battles.
Current Status of DACA (as of january 19, 2026)
Currently, DACA remains in effect for existing recipients, allowing them to continue renewing their deferred action status. However, the program is not accepting new applications due to the Texas v. Biden ruling.
The Biden administration has issued several memos attempting to preserve the program and has proposed a new rule to formally codify DACA, but these efforts are still subject to legal challenges. The Department of Homeland Security announced steps to preserve DACA in August 2022.
Example: USCIS continues to process renewal applications from current DACA recipients, but the backlog of cases remains significant. As
