DACA + Dreamers in New York in NY — Immigration Legal… | CGMIMM
Immigration · NY
DACA + Dreamers in New York
New York DACA (Deferred Action for Childhood Arrivals) provides 2-year deferred action + work authorization for eligible Dreamers — but program faces ongoing legal challenges + limited to current recipients (no new applicants since 2021).
Published May 9, 2026
## DACA + Dreamers in New York
**DACA** (Deferred Action for Childhood Arrivals) is a 2012 program providing temporary relief from deportation + work authorization for undocumented immigrants who came to the US as children. New York DACA recipients face ongoing legal uncertainty + complicated status maintenance.
## Current DACA status (2026)
**Critical context:**
- Program created June 2012 by Obama administration
- Multiple legal challenges + court rulings
- 5th Circuit ruling (Texas v. United States) limits new applications
- Currently: renewals processed, NO new initial applications
- Status uncertain — always check current law
## DACA eligibility (original criteria)
**Required (when program operating fully):**
1. **Came to US before 16th birthday**
2. **Continuous residence in US since June 15, 2007**
3. **Physical presence on June 15, 2012**
4. **Under 31 on June 15, 2012**
5. **No lawful status as of June 15, 2012**
6. **Currently in school, graduated, GED, or honorable military discharge**
7. **No felony, significant misdemeanor, multiple misdemeanors**
8. **No threat to national security / public safety**
## What DACA provides
**Benefits:**
- **2-year deferred action** (renewable)
- **Employment authorization (EAD)**
- **Social Security Number** eligible
- **Driver's license** in most states (state-dependent)
- **In-state tuition** in many states
- **Limited travel** with advance parole (when available)
- **Protection from deportation**
**NOT provided:**
- **Path to permanent residence** (no automatic green card)
- **Path to citizenship**
- **Federal student aid** (typically)
- **Some federal benefits**
- **Voting rights**
- **Permanent immigration status**
## Renewal process
**Key elements:**
**Form I-821D + I-765 + I-765WS:**
- Application for DACA renewal
- Work authorization application
- Worksheet (economic necessity)
- Filed together
- $555 total fee
**Timing:**
- File 120-150 days before expiration
- Earlier filing risks rejection
- Later filing risks gap
- Critical to file properly
**Required:**
- No criminal disqualifications
- Continued residence
- Specific documentation
- Updated biometrics
## Travel + advance parole
**With advance parole:**
- Travel outside US permitted
- Form I-131 application
- Specific reasons (humanitarian, educational, employment)
- Must return before expiration
- Risk of denied reentry (rare)
**Without advance parole:**
- Departure typically forfeits DACA
- Subject to 3 / 10-year bars
- Reentry difficult
- Don't travel without
**Travel can be path to legal entry:**
- Some leverage marriage to USC for green card
- Departure + reentry on advance parole = legal entry
- Specific advanced legal advice essential
## Common scenarios
**Marriage to USC:**
- Path to green card if originally entered legally
- Most DACA recipients entered without inspection
- Travel on advance parole + return = legal entry
- Then potential adjustment of status
- Specific procedures + risks
**Employment-based green card:**
- Generally requires legal entry + maintained status
- DACA doesn't provide either
- Limited paths
- Travel on advance parole may help
**Family-based green card:**
- Same legal entry issues
- I-601A waivers available
- Specific eligibility
- Long process
**Asylum:**
- Available if persecution fear
- Not for general country conditions
- 1-year filing deadline (with exceptions)
- Specific protected grounds
## Disqualifying convictions
**Disqualify from DACA:**
**Felony:**
- Any state or federal felony
- Some misdemeanors qualify if punishment exceeds threshold
**Significant misdemeanor:**
- DV / sexual abuse / burglary
- Unlawful possession of firearms
- Drug distribution / trafficking
- DUI
- Sentence over 90 days (any single offense)
**Multiple misdemeanors:**
- 3+ misdemeanors (different occasions, different conduct)
- Specific definition
**National security threats**
**Public safety threats** (gang activity, etc.)
## State protections
**${s.name} may have:**
- Driver's license access
- In-state tuition
- State financial aid
- Specific employment laws
- Sanctuary policies
- Limited cooperation with ICE
**Notable state programs:**
- California (extensive)
- New York (significant)
- Illinois (significant)
- Texas (limited)
- Florida (limited)
## Long-term path forward
**Federal options (Congress):**
- DREAM Act variations
- American DREAM and Promise Act
- Multi-decade legislative effort
- Path to citizenship proposals
- Repeatedly fails to pass
**Executive options:**
- New executive orders
- Modified DACA program
- Limited by court rulings
- Fragility of executive action
**Individual options:**
- Marriage to USC (with advance parole)
- Employment-based green card (where eligible)
- Asylum (where eligible)
- VAWA (abuse victim)
- U-visa (crime victim)
- Special-immigrant juvenile status
## Workplace rights for DACA recipients
**With work authorization:**
- Same rights as other authorized workers
- Wage + hour protections
- Discrimination protections
- Workers' compensation
- Unemployment (in most states)
- Retirement benefits
- Health insurance through employer
**Cannot:**
- Vote in federal elections
- Hold federal civil service typically
- Get federal financial aid
- Access some federal programs
## Common DACA mistakes
**Critical mistakes:**
- Not renewing on time
- Renewing too early
- Travel without advance parole
- Pleading guilty to disqualifying offenses
- Not consulting attorney before plea / arrest
- Forgetting to update USCIS of changes
- Marrying without legal advice (many paths)
- Working without authorization (when EAD lapses)
## Tax + employment considerations
**DACA recipients should:**
- File taxes (often required, sometimes refunds)
- Use SSN (when available)
- ITIN if no SSN
- Maintain employment authorization
- Report changes to USCIS
- Track all immigration documents
- Build legal track record
## Recent legal developments
**2025+ updates:**
- Continued litigation
- 5th Circuit + Supreme Court rulings
- Limits on new applications
- Renewals continuing
- Future legislation possible
- Always check current status
## Resources
**Free legal help:**
- **United We Dream** — advocacy
- **Immigrant Legal Resource Center**
- **Catholic Charities** + similar non-profits
- **AILA** lawyer referrals
- **State immigration legal aid programs**
- **University legal clinics**
## What you should do
If you're a DACA recipient or potential Dreamer in New York: maintain status meticulously, never plea to crimes without immigration counsel, plan ahead for renewal, and explore long-term options. Many New York immigration attorneys handle DACA. Free / low-cost help often available. Always verify current legal status of program before assuming.
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*This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. DACA is changing + technical. Talk to a licensed immigration attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.