They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
What happened: On January 17th, 2025 the 5th Circuit Court once again ruled against DACA, but kept renewals open–for now. This ruling is part of ongoing, deliberate attacks to undermine immigrant communities, limit opportunities, and enable mass deportation.
The DACA program took root in 2012, through an Executive Order during President Barack Obama's administration, as a way to provide temporary relief (renewable 2-year terms) from deportation and work authorization for certain individuals who came to the United States as children.
Form I-765 is the physical document. Form I-766 is an EAD card, which you can keep in your wallet. Both Form I-766 and I-765 are valid EADs. You actually use Form I-765 to apply for your Form 1-766 card.
An EAD issued to a DACA beneficiary will bear category code C33. 2 Certain EADs, depending on the category code, may be extended while a renewal application is pending. 3 Under previous iterations of the program, DACA beneficiaries were not eligible for such extensions, and the new regulation does not change that.
One of the main benefits of the Deferred Action for Childhood Arrivals program (DACA) is the work permit that comes with it. Your employer cannot discriminate against you because you are working under DACA protection.
Individuals who have deferred action can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship.
Are DACA Recipients Allowed To Travel To Puerto Rico? Yes, if you have DACA, you should be able to travel from anywhere within the United States to the US territory of Puerto Rico.
USCIS recommends you submit your DACA renewal request 150 to 120 days (four to five months) before the expiration date on your current DACA approval notice (Form I-797, Notice of Action) and employment authorization document (EAD).
Total DACA Processing Time USCIS has a stated goal to processing DACA applications within 120 days.