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Deferred Action

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.


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.

President Trump's Announcement on DACA

What did the President announce?
As of September 5, 2017, the federal government stopped accepting new DACA applications. New DACA applications that were accepted as of September 5, 2017 will be adjudicated. People whose DACA status will expire before or on March 5, 2018 can receive a two-year renewal if their renewal application is deemed to have been accepted by the federal government by October 5, 2017. No renewals will be granted for DACA recipients whose DACA status expires on or after March 6, 2018. All current DACA statuses will remain valid until the date of their expiration. Additionally, the federal government stopped approving new Advance Parole documents for DACA recipients as of September 5, 2017.

I have legal questions about what this decision means for me. What should I do?
ActionNYC can provide free, safe immigration legal help in your language. Call 1-800-354-0365 between 9AM-6PM, Monday-Friday. You can also call 311 and say "ActionNYC."

I currently have DACA. Can I renew right now?
Current DACA recipients needed to have applied for renewal by October 5, 2017 if their DACA status expires between September 5, 2017 and March 5, 2018. These applications for renewal must be deemed by U.S. Citizenship and Immigration Services (USCIS) as accepted by October 5, 2017. 

Many DACA renewals were submitted on time but delayed by the postal service and so were rejected. Other DACA renewals were submitted on time but were quickly denied. If these situations might apply to you, you may have an opportunity to reapply, but time is short. See below for additional information.

I don’t have DACA. Can I still apply?
No new applications for DACA will be accepted that are dated after September 5, 2017. If you want to connect to free, safe immigration legal help call 1-800-354-0365 between 9AM-6PM, Monday-Friday. You can also call 311 and say "ActionNYC."

I have DACA and a work permit. Is my work authorization still valid?
Your employment authorization card is valid until expiration, unless it is terminated or revoked individually.

I’m a DACA recipient. Will the information I shared with the federal government be used to deport me?
The federal government has stated its current policy is that information provided in DACA requests is “protected from disclosure” to immigration enforcement agencies unless the individual meets the criteria for the issuance of a Notice To Appear or a referral to immigration enforcement authorities under the criteria set forth in the federal government’s Notice to Appear guidance (www.uscis.gov/NTA). Generally, such criteria address cases that involve public safety threats, criminal matters, and/or allegations of fraud. 

I'm a DACA recipient and I have a New York State Driver's License, Permit, or Non-Driver's ID. Is this still valid?
New York State driver’s licenses and identity documents remain valid until the document’s expiration date. However, DACA holders issued a driver’s license on the basis of being a “Temporary Visitor” may not be able to renew their license on that basis once their DACA status has expired.

New York City residents who need identification can apply for an IDNYC card for free, regardless of immigration status. IDNYC is issued by New York City. It does not grant you a license to drive or provide work authorization, but it is accepted identification across the City government and in many other situations. Call 311 and say "IDNYC" or visit nyc.gov/IDNYC to schedule an appointment.

I’m a DACA recipient. Is my social security number still valid?
Social Security Numbers do not expire, but if you no longer have work authorization, the number will no longer be valid to demonstrate employment authorization.

I have DACA and receive public health insurance (Medicaid) in New York State. Will I be allowed to keep the health insurance even after my DACA status expires?
Your current health insurance coverage is not immediately impacted by the DACA decision.
If you have work authorization through DACA, your employer may be providing you and your dependents with health coverage or other benefits. If your DACA expires and you lose your work authorization, that health coverage and any other benefits you receive from your employer may be at risk.

If you are a DACA recipient and have Medicaid coverage, you can renew your coverage for 12 months as long as your DACA status is active on the day you renew and you still meet other eligibility criteria for the program. In most cases, you can apply for renewal before your Medicaid expires. New York State has yet to announce if it will continue to provide Medicaid coverage for DACA recipients whose DACA status expires.

Can DACA recipients and their children still attend public school – even after their DACA status expires?
Yes. The New York City Department of Education (DOE) and the Mayor’s Office are committed to protecting the right of every student in New York City to attend public school, regardless of immigration status. The United States Supreme Court has also recognized the importance of public education for all students, including undocumented students.

Are New York State professional licenses still valid, even after my DACA expires?

In 2016, the New York Board of Regents authorized otherwise eligible DACA recipients 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 register with the New York State Office of Professions periodically. See the New York State Office of Professions site for more information. We will provide more information as soon as it’s available.

DACA Applications Rejected Due to Post Office Mailing Delays

Current DACA recipients needed to have applied for renewal by October 5, 2017 if their DACA status expires between September 5th, 2017 and March 5th, 2018. These applications for renewal must be deemed by U.S. Citizenship and Immigration Services (USCIS) as accepted by October 5th 2017. 

Many DACA renewals were submitted on time but delayed by the postal service and so were rejected. Other DACA renewals were submitted on time but were quickly denied. If you believe your DACA renewal application has been rejected due to post office mailing delays, please read the following:

  • Individuals who believe they are affected by the post office delays should immediately contact their attorney. Free, safe immigration legal help is available by calling 311 and saying “ActionNYC.
  • Guidance on resubmission of applications affected by mailing delays is up on the USCIS website.
  • For applications mailed before the deadline, but not officially received by USCIS until after October 5, 2017, the federal government will mail letters to affected applicants and provide 33 days for these applicants to resubmit their renewal applications.
  • If you’re unsure if your application is affected, you should speak with your attorney.
  • The federal government has confirmed that information provided to USCIS for the DACA process will not make you a deportation and/or enforcement priority for that reason alone.

Resources for DACA Recipients

Get connected to free, confidential legal help.
The City provides free, confidential immigrant legal services. Call 311 and say "ActionNYC," to be connected to a provider or to find a clinic in your neighborhood.

If you’re feeling anxious, stressed or depressed – help is available.
It’s normal to feel anxiety and stress. ThriveNYC will give you access to mental health supports in your language. Call 1-888-NYC-WELL, text “WELL” to 65173, or go online to nyc.gov/nycwell.

Stay connected – get an IDNYC.
IDNYC is a free, official government-issued identification card recognized in City buildings, public schools and by the NYPD. Call 311 and say "IDNYC" or visit nyc.gov/idnyc to make an appointment.

How You Can Support NYC Dreamers

Share this on Social Media
New Yorkers have embraced the DACA program, and DACA has in turn provided thousands of New Yorkers with the opportunity to pursue higher education, their career goals, and to give back to the country they call home. Mayor de Blasio and many members of the Cities for Action coalition continue to advocate for the protection of DACA recipients through the passage of legislation in Congress.


Contribute to the legal defense of Dreamers
If you are a lawyer or paralegal, offer your services by signing up with the Mayor’s Office of Immigrant Affairs at nyc.gov/MOIAVolunteer. If you know a lawyer or a paralegal, ask if they can offer pro bono support.

Help out at a local community service provider or clinic.
Right now more than ever, New York City’s immigrant communities need your support. Sign up to volunteer through the Mayor’s Office of Immigrant Affairs at nyc.gov/MOIAVolunteer.

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