DACA & Dreamer Rights

What Is DACA?

The Deferred Action for Childhood Arrivals (DACA) program was established in 2012 to provide temporary protection from deportation and work authorization to certain undocumented individuals who were brought to the United States as children. Often called "Dreamers," these are people who grew up in America, attended American schools, and built their lives here — but face the constant threat of removal to countries many barely remember.

DACA has enabled hundreds of thousands of young people to work legally, attend college, start businesses, serve their communities, and live without the daily fear of deportation. As of March 2025, approximately 525,210 people hold active DACA status.

Who Qualifies for DACA?

To be eligible for DACA, an applicant must meet all of the following criteria:

• Were under the age of 31 as of June 15, 2012
• Arrived in the United States before their 16th birthday
• Have continuously resided in the U.S. since June 15, 2007
• Were physically present in the U.S. on June 15, 2012, and at the time of applying
• Had no lawful status on June 15, 2012
• Are currently enrolled in school, have graduated from high school, obtained a GED, or are an honorably discharged veteran
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety

The Legal Battle Over DACA

DACA has been the subject of intense legal and political battles since its inception. In 2017, the Trump administration announced it would rescind the program. Novo Legal Group's Luis Cortes Romero joined a legal team that challenged that decision all the way to the U.S. Supreme Court — making history as the first undocumented attorney ever to present oral arguments before the nation's highest court.

In June 2020, the Supreme Court ruled 5-4 in Department of Homeland Security v. Regents of the University of California that the administration's rescission of DACA was "arbitrary and capricious" in violation of the Administrative Procedure Act. Chief Justice Roberts, writing for the majority, cited the government's failure to adequately consider the "reliance interests" of DACA recipients — the lives, careers, and families they had built in reliance on the program's protections.

That victory preserved DACA for hundreds of thousands of Dreamers. But the fight was not over. In 2021, a federal judge in Texas ruled the program unlawful. That case has wound through the courts, with the Fifth Circuit limiting the injunction's scope in January 2025. Meanwhile, Congress has repeatedly failed to pass legislation providing a permanent path to citizenship for Dreamers.

What Are Your Rights as a DACA Recipient?

If you currently hold DACA status, you have important legal protections — but you also need to understand the risks in the current enforcement environment:

• Right to renew: Existing DACA holders can continue to submit renewal applications. File your renewal at least 150 days before your current DACA expires to avoid gaps in status.
• Work authorization: Your Employment Authorization Document (EAD) remains valid through its expiration date. Employers cannot terminate you solely based on your DACA status while your EAD is current.
• Advance parole: If you received advance parole and traveled outside the U.S. with proper documentation, your lawful entry may create additional legal options. Consult an attorney about adjustment of status possibilities.
• Right to counsel: If you are placed in removal proceedings, you have the right to be represented by an attorney. Do not attend any immigration hearing without legal representation.
• Know your rights with ICE: You are not required to open your door to ICE agents without a judicial warrant. You have the right to remain silent. You have the right to an attorney. Do not sign any documents without legal counsel present.

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Timeline: The Fight for DACA

This timeline is updated as new developments occur. Last updated: February 26, 2026.

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Media Coverage

Novo Legal Group and attorney Luis Cortes Romero have been featured in national media for their advocacy on behalf of DACA recipients and Dreamers.

For Novo Legal's full media coverage across all issues, visit our Newsroom.

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Your Attorney on This Issue

DACA Services We Provide

Novo Legal Group offers comprehensive DACA legal services, including:

• Initial DACA applications — guidance on eligibility and filing (when USCIS resumes processing)
• DACA renewals — timely renewal filings to avoid gaps in status
• Advance parole applications — for DACA holders who need to travel internationally
• Adjustment of status — exploring pathways to permanent residency for those who may qualify
• Removal defense for DACA holders — representation if you are placed in deportation proceedings
• Request for Evidence (RFE) responses — handling USCIS inquiries and challenges to your application
• Know Your Rights workshops — community education on rights during immigration enforcement

For additional immigration services beyond DACA, visit our Immigration Law practice area.