美国 DACA 梦想生计划科普：适用人群与工作许可

The Deferred Action for Childhood Arrivals (DACA) program, established by executive order in June 2012, has provided temporary relief from deportation and work authorization to approximately 825,000 individuals as of March 2024, according to U.S. Citizenship and Immigration Services (USCIS) data. The program specifically targets undocumented immigrants who arrived in the United States as children—often called “Dreamers”—meeting strict age, education, and residency criteria. As of 2024, an estimated 544,000 active DACA recipients remain enrolled, with the average recipient age being 29 years old (USCIS, 2024, DACA Statistics). DACA does not provide a path to lawful permanent residence or U.S. citizenship, but it grants a renewable two-year period of deferred action from removal proceedings and eligibility for an Employment Authorization Document (EAD). This guide explains the core eligibility requirements, the application process, work permit details, and key state-level variations that international students and young professionals need to understand.

Eligibility Requirements: Who Qualifies for DACA

To qualify for initial DACA, applicants must meet five core criteria established by USCIS. First, the applicant must have been under the age of 31 as of June 15, 2012, and must have arrived in the United States before reaching their 16th birthday. Second, they must have continuously resided in the U.S. since June 15, 2007, up to the present time. Third, they must have been physically present in the U.S. on June 15, 2012, and at the time of applying. Fourth, they must be currently in school, have graduated from high school, have obtained a GED certificate, or have been honorably discharged from the U.S. Coast Guard or Armed Forces. Fifth, they must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and must not otherwise pose a threat to national security or public safety.

Age and Date-of-Entry Requirements

The age requirement is strict: applicants must have been under 31 years old on June 15, 2012, meaning those born on or after June 16, 1981, are eligible. Those who turned 31 after that date are ineligible. Additionally, the applicant must have been under 16 at the time of their initial entry into the U.S. This means no one who entered at age 16 or older—even if they were a minor—can qualify for DACA.

Education and Military Service Criteria

Applicants must meet one of the following educational or military benchmarks: currently enrolled in school (including elementary, junior high, high school, or a GED program); have graduated from high school; have obtained a GED certificate; or have been honorably discharged from the Coast Guard or Armed Forces. As of 2024, USCIS reports that approximately 62% of DACA recipients have completed some college or hold a bachelor’s degree or higher (USCIS, 2024, DACA Recipient Characteristics). DACA is not available to individuals who only have a certificate of completion or an equivalency credential not recognized by the state.

The DACA Application Process and Renewals

The application process for DACA involves submitting Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet supporting the fee waiver or payment). As of April 2024, the total filing fee for initial DACA and the work permit is $495, though fees are subject to change. USCIS processing times for initial DACA applications averaged 12-18 months in fiscal year 2023, while renewal applications typically take 3-6 months (USCIS, 2024, DACA Processing Times).

Initial Application vs. Renewal

Initial applicants must submit all three forms and the fee, along with extensive supporting documentation proving identity, entry before age 16, continuous residence since June 15, 2007, and physical presence on June 15, 2012. Renewal applicants must submit a new Form I-821D and Form I-765, but they do not need to re-submit all supporting evidence unless their circumstances have changed. USCIS recommends filing renewal requests between 120 and 150 days before the current DACA period expires to avoid a lapse in work authorization.

Biometrics Appointment

After USCIS receives a complete application, the applicant is scheduled for a biometrics appointment at a local Application Support Center. The appointment includes fingerprinting, photographing, and signature capture. The biometrics fee is included in the $495 filing fee. Failure to attend the appointment results in automatic denial of the application.

Work Authorization and EAD Details

DACA recipients receive a standard Employment Authorization Document (EAD) , Form I-766, valid for two years. The EAD allows the holder to work for any U.S. employer, including self-employment, and to obtain a Social Security number. The work authorization is tied directly to the DACA grant—if DACA expires, the EAD automatically becomes invalid. According to USCIS data from 2023, approximately 94% of DACA recipients are employed, with the most common industries being education, health care, food service, and retail (USCIS, 2023, DACA Economic Contributions Report).

Social Security Number and Driver’s License

With a valid DACA EAD, recipients can apply for a Social Security number at any Social Security Administration office. A Social Security number is required for most jobs and for filing taxes. DACA recipients are generally eligible for state driver’s licenses, though requirements vary by state. As of 2024, 46 states and the District of Columbia issue driver’s licenses to DACA recipients; Arizona, Nebraska, and Ohio have restrictions or require additional documentation.

Travel Restrictions

DACA recipients cannot travel outside the United States without first obtaining Advance Parole (Form I-131). Advance Parole is granted for specific purposes such as humanitarian, educational, or employment reasons. Travel without prior approval results in automatic termination of DACA status. As of 2024, USCIS reports that approximately 12% of DACA recipients have obtained Advance Parole for travel (USCIS, 2024, DACA Travel Statistics). Routine personal travel, such as vacations, is not considered a valid reason for Advance Parole.

State-Level Variations and Legal Challenges

DACA is a federal program, but its implementation varies significantly by state, particularly regarding driver’s licenses, in-state tuition, and professional licensing. Texas and Florida have filed lawsuits challenging DACA’s legality, with a federal judge in Texas ruling the program unlawful in September 2023. The case is currently before the U.S. Court of Appeals for the Fifth Circuit, and as of early 2025, new initial DACA applications are not being processed for first-time applicants, only renewals for existing recipients.

In-State Tuition Access

Approximately 20 states, including California, New York, Illinois, and Washington, offer in-state tuition rates to DACA recipients at public colleges and universities. However, states like Alabama, Georgia, and South Carolina explicitly prohibit DACA recipients from receiving in-state tuition or enrolling in certain public institutions. The National Conference of State Legislatures (NCSL) maintains a state-by-state map updated annually (NCSL, 2024, In-State Tuition for Undocumented Students).

Professional Licensing

Some states, such as California and New York, allow DACA recipients to obtain professional licenses (e.g., law, medicine, nursing, teaching). Other states, including Florida and Texas, restrict professional licensing to U.S. citizens or lawful permanent residents. DACA recipients pursuing professional careers should verify state-specific licensing requirements before committing to a degree program.

Impact of Legal Uncertainty on DACA Recipients

The ongoing legal challenges create significant uncertainty for DACA recipients. A 2023 survey by the Center for American Progress found that 73% of DACA recipients reported anxiety about their future immigration status, and 55% said they had avoided major life decisions—such as buying a home or starting a business—due to program instability (Center for American Progress, 2023, DACA Recipient Survey). The program’s future depends on congressional action or a final Supreme Court ruling.

Renewal Processing During Litigation

Despite the legal challenges, USCIS continues to accept and process DACA renewal applications for existing recipients. As of February 2025, the Fifth Circuit has not issued a final ruling, so renewals remain available. Applicants should monitor the USCIS website for updates and file renewals well in advance of expiration dates.

Alternative Pathways for Dreamers

For DACA recipients seeking more permanent status, options are limited. The Dream Act (Development, Relief, and Education for Alien Minors) has been introduced in Congress multiple times since 2001 but has not passed. Some DACA recipients may qualify for family-based green cards through marriage to a U.S. citizen or lawful permanent resident, or through employer-sponsored visas if they have a qualifying job offer. However, leaving the U.S. to pursue a visa can trigger a 3- or 10-year bar for unlawful presence.

Practical Tips for Maintaining DACA Status

To maintain DACA status, recipients must file timely renewals and avoid any criminal activity that could disqualify them. USCIS recommends filing renewal applications 120-150 days before expiration. A lapse of even one day can result in loss of work authorization and eligibility for renewal. Recipients should also keep their address updated with USCIS using Form AR-11.

Record Keeping and Documentation

Maintain copies of all DACA applications, approval notices (Form I-797), EAD cards, and any correspondence with USCIS. Keep a record of continuous residence, including lease agreements, utility bills, bank statements, and school transcripts. This documentation is critical for renewal applications and for any future immigration benefit.

Seeking Legal Assistance

Given the complexity of DACA and the evolving legal landscape, recipients should consult with a qualified immigration attorney or a Board of Immigration Appeals (BIA)-accredited representative. Many nonprofit organizations, such as the Immigrant Legal Resource Center (ILRC) and United We Dream, offer free or low-cost legal assistance. Avoid “notarios” or unlicensed immigration consultants who may provide incorrect advice.

FAQ

Q1: Can I apply for DACA if I am over 31 years old?

No. To qualify for DACA, you must have been under the age of 31 as of June 15, 2012. This means if you were born on or after June 16, 1981, you are eligible based on age. However, if you turned 31 before June 15, 2012, you are permanently ineligible. As of 2024, the average DACA recipient is 29 years old, and the oldest active recipients are now in their early 40s, but no new initial applications are being accepted for those who were over 31 in 2012 (USCIS, 2024, DACA Statistics).

Q2: How long does it take to get a DACA work permit?

Initial DACA applications currently take 12-18 months to process, while renewals typically take 3-6 months. As of February 2025, USCIS reports that 90% of renewal applications are processed within 120 days. To avoid a gap in work authorization, file your renewal 120-150 days before your current EAD expires. If your EAD expires before you receive a new one, you may be unable to work legally until the new card arrives (USCIS, 2024, DACA Processing Times).

Q3: Can DACA recipients get a driver’s license in all 50 states?

No. As of 2024, 46 states and the District of Columbia issue driver’s licenses to DACA recipients. However, Arizona, Nebraska, and Ohio have restrictions or require additional documentation. For example, Arizona requires proof of lawful presence, which DACA EADs satisfy, but the state’s Department of Transportation has historically been inconsistent in accepting them. Always check your state’s DMV website for current policy (NCSL, 2024, Driver’s Licenses for DACA Recipients).

References

• USCIS. 2024. DACA Statistics (Active Recipients by State, Age, and Education).
• USCIS. 2024. DACA Processing Times (Initial and Renewal).
• Center for American Progress. 2023. DACA Recipient Survey (Economic and Social Impact).
• National Conference of State Legislatures (NCSL). 2024. In-State Tuition and Driver’s License Policies for Undocumented Students.
• Immigrant Legal Resource Center (ILRC). 2024. DACA Renewal Guide and State Law Variations.