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The Deferred Action for Childhood Arrivals (DACA) program,established in 2012,continues to face legal challenges and political debate as of January 18,2026,but remains largely in effect,allowing eligible individuals to apply for renewable two-year periods of deferred action from deportation and become eligible for work permits.Recent court rulings and proposed rule changes have shaped its current status, though its long-term future remains uncertain.
What is the Deferred Action for Childhood arrivals (DACA) Program?
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The Deferred Action for Childhood Arrivals (DACA) program is a U.S. immigration policy first announced by the Department of Homeland Security (DHS) on June 15, 2012. It allows certain undocumented individuals who entered the country as minors, and meet several key guidelines, to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
DACA was created in response to the lack of legislative action on the Progress, Relief, and Education for Alien Minors (DREAM) Act. The program aimed to provide temporary relief to young people brought to the U.S.as children, frequently enough referred to as “Dreamers,” who grew up in the country and considered it their home.
Example: As of December 31, 2023, approximately 582,000 individuals were approved for DACA, according to Department of Homeland Security data.
Eligibility Requirements for DACA
To be eligible for DACA, individuals must meet specific criteria established by U.S. Citizenship and Immigration Services (USCIS).
These requirements, as of January 18, 2026, include:
- Being under 31 years of age as of June 15, 2012.
- Having come to the United States before the age of 16.
- Having lived continuously in the United States as June 15, 2007.
- Being currently enrolled in, or having completed, high school or having obtained a GED, or currently being an honorably discharged veteran.
- Having no felony convictions or serious misdemeanors.
- Not posing a security threat to the United States.
Evidence: the complete list of requirements and detailed guidance can be found on the USCIS website.
Legal Challenges to DACA
The DACA program has faced numerous legal challenges since its inception,primarily from states arguing that the program was implemented without proper authority and harmed their residents.
the most significant case was Department of Homeland Security v. Texas, which reached the Supreme Court in 2020. the Court ruled 5-4 in June 2020 that the Trump governance’s attempt to rescind DACA was unlawful, finding that the administration did not adequately explain its decision. However, the Court did not rule on the legality of the program itself, leaving it vulnerable to future challenges.
Update (as of January 18, 2026): In October 2023, the Fifth Circuit Court of Appeals ruled that DACA was unlawful, finding that the program was not authorized by Congress. However, the court allowed current DACA recipients to continue renewing their status, and the biden administration appealed the ruling to the Supreme Court. As of January 18, 2026, the Supreme Court has agreed to hear the case, with oral arguments scheduled for February 2026. NBC News provides ongoing coverage of the case.
The Biden Administration and DACA
The Biden administration has consistently expressed support for DACA and has taken steps to strengthen the program.
In August 202