Full DACA Program Restored

On December 4, 2020, a federal judge ordered that the Trump administration fully restore the original DACA program as implemented in 2012 by former President Obama. While the Department of Homeland Security stated that they were not in agreement with the decision, it still said it would abide by the ruling. Importantly, this means that now USCIS must accept and process initial DACA applications, for individuals who have never had DACA before. Also, USCIS must accept and process requests for Advanced Parole for DACA holders. The requirements for DACA continue to be as follows:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
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