DACA recipient
Last updatedWhat to know
A DACA recipient is an undocumented immigrant in the United States who has been granted temporary administrative relief from deportation due to the Deferred Action for Childhood Arrivals (DACA) program. The policy was instituted in 2012 through an executive memorandum by then-Homeland Security Secretary Janet Napolitano, and was announced by President Obama.
The DACA program protects certain immigrants to the United States from deportation for a fixed period, and makes them eligible to apply for work permits. It does not currently have a pathway to citizenship. There are a number of eligibility requirements, including having arrived in the US before turning 16, currently being in school, graduating high school or having obtained a GED, or having served in the US Coast Guard or Armed Forces; and not having been convicted of a felony, significant misdemeanor, or three or more misdemeanors. At the time of its introduction, the Pew Research Center estimated that that up to 1.4 million people would be eligible for protection under this policy. (That estimate was later revised to 1.7 million.)
Though DACA recipient and DREAMer are related concepts, the terms are not interchangeable — DREAMer refers to the wider population of undocumented immigrants brought to the US as children, not all of whom are eligible for DACA. Only DREAMers who have received DACA status are DACA recipients.
A person applies for DACA and, upon approval, “has DACA,” “has DACA status,” or is a “DACA recipient.” “DACAmented” is also a popular usage among some DACA recipients, though as not all recipients use the term, limiting it to those who self-identify in this way acknowledges that difference. Due to the potential legal ramifications of disclosing someone’s immigration status, it’s especially important to confirm with an individual that they are comfortable with the information being included in media coverage, and that its inclusion is necessary and relevant.
The Trump administration attempted to end the program in 2017, and on June 18, 2020, the Supreme Court ruled this attempt unlawful, saying that the administration did not provide adequate reasoning for ending the program.
In January 2021, President Joe Biden directed federal agencies via executive order to “preserve and fortify DACA.” In July 2021, a federal judge ruled DACA illegal, saying then-President Obama exceeded his authority in creating the program, though the judge said it would not immediately affect individuals who held DACA status as of July 16, 2021, or individuals who were applying for renewal of their status. The administration promised to challenge this decision or to pass a law that supersedes it. The Department of Homeland Security still accepts the filing of new DACA requests but cannot currently grant them.
The 2021 Build Back Better Act included provisions that would provide a path to permanent legal status for DACA recipients without offering a path to citizenship; however, it was abandoned in February 2022 after failing to gain enough votes in the Senate.
Additional resources
- Consideration of Deferred Action for Childhood Arrivals (DACA) (US Citizenship and Immigration Services)
- UnDACAmented: Protections for Dreamers in Peril (National Law Review)
Summary
A DACA recipient is an individual who has been granted protections under the Deferred Action for Childhood Arrivals (DACA) program. A person applies for DACA and, upon approval, “has DACA,” “has DACA status,” or is a “DACA recipient.” “DACAmented” is also a popular usage among some DACA recipients, though as not all recipients use the term, limiting it to those who self-identify in this way acknowledges that difference. Due to the potential legal ramifications of disclosing someone’s immigration status, it’s especially important to confirm with an individual that they are comfortable with the information being included in media coverage, and that its inclusion is necessary and relevant.