Get Legal Help Asylum Seekers Help Immigration Policy National Advocacy

Deferred Action for Childhood Arrivals (DACA)

This page has been last updated by August 20th, 2024

Audio Description: Watch New York City DACA recipients share their stories about the importance of defending DACA, the federal immigration program that gives young immigrants the opportunity to work lawfully and provides temporary protection from deportation.

On June 18th, 2024, the federal government announced additional protections for DACA recipients.

This new process will allow DACA recipients and other undocumented individuals to transition into the H-1B work visa program . This program offers DACA recipients the chance to gain more permanent status and, in some cases, a pathway to citizenship.

To qualify, individuals must have been

Earned a degree at an accredited U.S. institution of higher education in the United States and
Must have an offer of employment from a U.S. employer in a field related to their degree.

Those who qualify will be given a work permit for 3 years, during which they will be able to apply for lawful permanent residence.

How to Prepare Your Documents

Immigration is not accepting applications at this time and any application submitted will be automatically rejected. We anticipate applications will be accepted later in the summer or early fall.

Individuals who think they qualify can gather their documents while we wait for further instructions, including:

Identity documents showing your photo, name, and date of birth like a passport or a birth certificate (if neither is available, alternative documentation should be discussed with an attorney).
Proof you earned a degree at an accredited U.S. institution of higher education in the United States
Proof of an offer of employment from a U.S. employer in a field related to their degree

Resources

For more information about how to protect yourself from immigration legal fraud, please visit our website here.

Access legal help by calling the MOIA Immigration Legal Support Hotline: 1-800-354-0365 Monday to Friday, 9AM to 6PM

Access our flyers below:

English | Spanish

Download the DACA Program checklist to see if you qualify and what documents you will need:

Download the MOIA DACA/Dreamer Employment-Based Visas Flyer to learn more about the process obtaining an employment visa as a DACA/Dreamer recipient:

What is Deferred Action for Childhood Arrivals (DACA)?

DACA, or Deferred Action for Childhood Arrivals, is a federal immigration program begun in 2012 under President Obama that helps undocumented immigrants who came to the United States as young people. DACA provides eligible undocumented immigrants with temporary protection from deportation and access to work authorization.

What is the Current Status of DACA?

The DACA program has been the subject of a long legal battle. The decision on September 13, 2023, undid the work by the Biden Administration to protect the program. This recent decision reinstates the terms of the decision from July 16, 2021. This means:

Folks who currently have DACA will be able to continue renewing, for now.

Advanced Parole will remain open to current DACA recipients. This means travel outside of the country continues to be available to those with an approved application.
Folks who currently do not have DACA can apply. DHS will accept the application but will not be able to process it. Individuals in this situation are encouraged to explore their options with an immigration attorney. Legal assistance is available via the ActionNYC Hotline at 800-354-0365.
USCIS will stop processing first-time applications, even if they were already filed. We do not know yet what USCIS plans on doing with these applications and await further guidance.
While USCIS can still accept first-time applications, they cannot process or grant these requests.

Individuals seeking assistance can call the New York City's Legal Immigration Hotline at 800-354-0365, between 9AM to 6PM, Monday to Friday. For ongoing DACA updates, folks can subscribe to United We Dream's text message updates by texting DACAINFO to 78757.

What Happens Next?

The case will likely be reviewed by the Fifth Circuit Court of Appeals sometime in 2024.In the event of an unfavorable decision, the Biden Administration will likely appeal to the Supreme Court and, if taken up by the courts, can be considered in 2025.

How Can I Get Assistance Now?

You can contact New York City's Immigration Hotline:

For free, confidential, immigration legal help
To ask questions about the DACA program
To seek legal assistance in renewing your DACA

Online:

Learn more about DACA and how to find free legal service providers.

By Phone:

Individuals seeking assistance can call the New York City's Legal Immigration Hotline at 800-354-0365, between 9AM to 6PM, Monday to Friday. For ongoing DACA updates, folks can subscribe to United We Dream's text message updates by texting DACAINFO to 78757.

You can also monitor the USCIS website for more information.

Additional Resources for DACA Recipients

Cities for Action created a toolkit to help keep DACA recipients and impacted communities informed about the current status of the DACA program, light the pathway to resources, including financial resources, amid a constantly shifting landscape, and offer tools to both elevate the voices of DACA recipients and impacted community and drive the message that DACA recipients strengthen the social and institutional fabric of the United States.

Visit citiesforaction.us/citiesfordaca for more information.

Avoid fraud while seeking immigration legal help

Beware of unlicensed immigration service providers who take advantage of their customers. Get help only from a trusted, licensed attorney or an accredited representative. Only lawyers or those who have gotten permission from the Department of Justice can give legal advice. For questions about this, or to file a complaint about fraudulent immigration assistance service providers in New York City , call 311 and say "immigration service provider" or visit the NYC Department of Consumer and Worker Protection website at nyc.gov/dca to file a complaint in your language. You do not have to give your name or immigration status to make a complaint.

To report immigration fraud and schemes against immigrants anywhere in New York State, call the New York State New Americans Hotline at 800-566-7636 between 9am to 8pm, Monday through Friday.

Learn more about how to avoid becoming the victim of immigration fraud.

Get health insurance coverage

Current and former DACA recipients are eligible for New York State Medicaid if they are otherwise income eligible. For more information, visit the NY State of Health website. Any New Yorker who doesn't qualify for Medicaid can still access health services through NYC Care. To enroll visit the NYC Care website or call 646-692-2273.

If you're feeling anxious, stressed or depressed – help is available.

It's normal to feel anxiety and stress. You can talk to an NYC Well counselor who can provide you with confidential support. NYC Well can also connect you to mental health care in your language. Call 888-NYC-WELL, text "WELL" to 65173, or go online to nyc.gov/nycwell.

Access to City and State Identification

IDNYC, New York City's free photo identification card, is available to all New Yorkers ages 10 and up. IDNYC applicants' information is confidential. Immigration status does not matter. Learn more about the many benefits, services, and discounts available to IDNYC cardholders or call 311 and say "IDNYC" for more information and to make an appointment to enroll.

All New Yorkers can apply for a New York State driver license. Learn more about obtaining a NY State driver license.

Access to Education

Students, including undocumented students and those with DACA, who meet certain residential and educational requirements, can access college financial aid through the New York State Dream Act. Start your application online. Learn more about the New York State Dream Act visit.

All New Yorkers may sign up for We Speak NYC classes, the City's free English language learning program that provides instruction focused on conversation through community classes and resources including videos, online practice activities, and print instructional materials. Through the program, English learners can learn to better advocate for their families, communities, and themselves. Intermediate English language learners can visit nyc.gov/WeSpeakNYC to sign up for classes and use our free English language learning resources online.

Professional Licenses

In 2016, the New York Board of Regents authorized DACA recipients, who were otherwise eligible, to obtain a professional license and certain teacher certifications. A New York State professional license is valid for life unless it is revoked, annulled, or suspended by the Board of Regents. However, professionals are required to re-register with the New York State Office of Professions periodically. See the New York State Office of Professions website for more information.

Rights and protections against discrimination

As a New Yorker you have the right to be free from unlawful discrimination, retaliation, and harassment in the workplace, housing, and public places. If you face any such treatment, call 311 and say "human rights," call the NYC Commission on Human Rights directly at 718-722-3131, or visit nyc.gov/cchr.

Questions?

For questions about this page or how to access many City services that are available to all New Yorkers, regardless of immigration status, call the MOIA hotline at 212-788-7654, between 9am to 5pm, Monday through Friday, or send an email to AskMOIA@cityhall.nyc.gov