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Is the New DACA Plan a Law?

The Deferred Action for Childhood Arrivals (DACA) program is one of the most talked about when it comes to immigration. But you might be surprised to learn that, technically, it’s a policy–meaning that it doesn’t carry the same weight of a law. That said, it’s still an incredibly important tool that you might be able to use when it comes to your immigration status. Our team at Maison Law Immigration Lawyers can help you understand your options with it. Set up a one-on-one consultation today.

How Does the DACA Program Work?

To start in understanding how DACA actually works, it helps to know the difference between law and policy. DACA isn’t a law passed by Congress—it’s a policy that began in 2012 through executive action. That means:

With that said, DACA is still in place and new applications are now being accepted by USCIS—in order to comply with a January 2025 court order. So, while it’s still not a law, DACA still offers very real protections. If you’re eligible, you can get:

  • Temporary protection from deportation and apply for a work permit.

What it doesn’t do is create a direct path to citizenship. Instead, it gives you the chance to live and work legally in the U.S. as long as you keep renewing and meeting the following requirements:

  • You must have entered the U.S. before turning 16.
  • You need to show that you’ve lived here continuously since June 15, 2007.
  • On June 15, 2012, you had to be under 31 years old and physically present in the U.S.
  • You must still be living in the U.S. when you apply.
  • You could not have had lawful status (like a visa or green card) on June 15, 2012.
  • You must have no felonies, no serious misdemeanors, and no more than three minor misdemeanors.
  • You must be in school, have graduated, earned a GED, or served in the military.

Meeting these requirements shows USCIS you’re able to be considered for DACA, but again, approval isn’t automatic. Immigration policies can change quickly, particularly as Congress goes back and forth. And while that might make it seem like it’s out of your control, there’s a few things you can do to help your application.

What Can I Do to Help My DACA Application?

If you meet the basic requirements and have never applied for DACA before, it can be a little intimidating. But the reality is that DACA is a great way to get established in California. Here’s a few things you can do to help your application:

  • Keep your records organized. Gather proof of when you came to the U.S., where you’ve lived, and your education history. Having documents ready—like school transcripts, medical records, or old passports—makes your timeline easy to follow.
  • Show your education or service. If you’re in school, include enrollment letters or transcripts. If you’ve graduated or earned a GED, add copies of certificates. If you’ve served in the military, your service records are important.
  • Highlight your community ties. Letters or certificates showing you’ve volunteered, joined clubs, or been active in your community can strengthen your application.
  • Ask for character references. Notes from teachers, employers, or community leaders can show that you’re responsible and dependable.
  • Stay on top of deadlines. It sounds obvious, but make sure to submit your application on time and respond quickly to any requests immigration asks for to avoid delays.

All of this helps your application feel more complete. You’re not just checking boxes—you’re showing who you are, what you’ve achieved, and why DACA matters to you. And remember, our team will be there to support you.

Contact Maison Law Immigration Lawyers For Help With DACA in California

When it comes to DACA, knowing how the process works is incredibly important. As a policy (not a law), it can change quickly. That makes it seem overwhelming, but if you want to apply, you don’t have to face it alone. Our California immigration team at Maison Law Immigration Lawyers will be there to guide you through it. Set up a consultation today.