	Background

On June 15, 2012, the Department of Homeland Security (DHS) announced that certain individuals without a lawful immigration status who were brought to the United States as children and meet other criteria would be considered for relief from removal from the country for two years, subject to renewal. DHS's U.S. Citizenship and Immigration Services (USCIS) began accepting requests for consideration of DACA on August 15, 2012, and issued its first approvals in September 2012. Prior to that, from June 15, 2012, to August 15, 2012, DHS's Immigration and Customs Enforcement (ICE) granted deferred action under the DACA process in some cases. More than 580,000 requests for consideration of DACA have been approved through June 2014. Individuals granted deferred action under the DACA process may request renewal of their deferral for another two years, in accordance with USCIS procedures. The eligibility criteria are
under age 16 at time of entry into the United States; under age 31 on June 15, 2012; continuously resident in the United States for at least five years before June 15, 2012 (that is, since June 15, 2007); physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action; not in lawful immigration status on June 15, 2012; not convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and not otherwise a threat to national security or public safety; and in school, graduated from high school or obtained general education development certificate, or honorably discharged from the U.S. Armed Forces or the Coast Guard. USCIS's decision on a DACA request is discretionary. The agency makes determinations on a case-by-case basis. Both DACA and legislation known as the DREAM Act are targeted at the same general population—unauthorized individuals who entered the United States as children. To request a renewal of deferred action under DACA, an individual must file the following three forms with DHS/USCIS (the same forms as required for an initial DACA request):
Form I-821D, Consideration of Deferred Action for Childhood Arrivals Form I-765, Application for Employment Authorization Form I-765WS, Worksheet
The forms are available on the USCIS website, http://www.uscis.gov . USCIS advises DACA recipients to request a renewal 120 days before the expiration date of their current period of deferred action. The decision on a request to renew DACA, like on an initial DACA request, is discretionary. An individual granted deferred action (an initial grant or a renewal) is not given a lawful immigration status and is not put on a pathway to a lawful immigration status. What happens if a DACA recipient's period of deferred action expires before his or her renewal request is approved?
On June 15, 2012, the Department of Homeland Security (DHS) announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal for two years, subject to renewal, under an initiative known as Deferred Action for Childhood Arrivals, or DACA. Among the eligibility requirements, an individual must have been under age 16 at the time of his or her entry into the United States; must have been continuously resident in the United States since June 15, 2007; and must not have been in lawful immigration status on June 15, 2012. To request consideration of DACA, an individual must file specified forms with DHS's U.S. Citizenship and Immigration Services (USCIS) and pay associated fees.
USCIS's decision on a DACA request is discretionary. The agency makes determinations on a case-by-case basis. Individuals granted DACA may receive employment authorization. DACA recipients are not granted a lawful immigration status and are not put on a pathway to a lawful immigration status.
USCIS began accepting DACA requests on August 15, 2012, and issued its first approvals in September 2012. Prior to that, from June 15, 2012, to August 15, 2012, DHS's Immigration and Customs Enforcement (ICE) granted deferred action under the DACA process in some cases. Cumulatively, through June 2014, more than 580,000 DACA requests have been approved. The period of deferred action under the DACA program expires after two years unless it is renewed.
Individuals granted deferred action under the DACA initiative may request renewal of their deferral for another two years, in accordance with USCIS procedures. To be considered for a renewal, a DACA recipient must satisfy certain requirements concerning continuous U.S. residence, departures from the country, and criminal history. To request a renewal, an individual must file specified forms with USCIS and pay associated fees. The agency advises individuals to request a DACA renewal 120 days before the expiration date of their current period of deferred action. USCIS's decision on a DACA renewal request, like on an initial DACA request, is discretionary.
For a discussion of related legislation, commonly referred to as the DREAM Act, that seeks to enable certain unauthorized aliens who entered the United States as children to obtain legal immigration status, see CRS Report RL33863, Unauthorized Alien Students: Issues and "DREAM Act" Legislation.