Joe Biden, the Democratic candidate, has defeated Donald Trump in the 2020 United States presidential election.

Vice President Joe Biden will be sworn into office on January 20, 2021. Mr. Biden has promised to make the DACA program permanent on his first day in office. It’s a long road to January 20, but we are here to answer your questions about the DACA program.

What does this mean for the Deferred Action for Childhood Arrivals (DACA) program?

If President-Elect Joe Biden reinstates the DACA program, the United States Citizenship and Immigration Services will likely begin accepting applications and renewals immediately upon the announcement of the program’s reinstatement.

What is DACA?

DACA, or the “Deferred Action for Childhood Arrivals” program, is a way for certain eligible individuals present in the United States to obtain a temporary agreement with the government that the individual will not be deported from the country. The program was intended to bring some stability to the lives of the hundreds of thousands of individuals in the United States who:

  1. Were younger than 16 years old at the time they arrived in the United States;
  2. Arrived prior to June 15, 2007;
  3. Were physically present in the United States, held no lawful status, and were under the age of 30 on June 15, 2012; and
  4. Have no significant criminal history.

There are additional requirements for this program, and applicants are strongly advised to consult with an immigration attorney prior to applying.

Is the DACA program currently active?

Technically, yes. On September 5, 2017, Donald Trump ordered that the USCIS stop accepting DACA applications. On June 18, 2020, the United States Supreme Court held that the process by which Mr. Trump ended the program was illegal.

However, USCIS has illegally refused to follow the Court’s ruling and the program remains closed to first-time applicants at this time.

Am I eligible to apply or renew?

Whether you are a DACA recipient, a first-time DACA applicant, or have questions about eligibility or the application process, or if you would like to know if you are eligible for any other immigration benefit, call for a free consultation with McKinney and Namei.