Deferred Action

A discretionary decision by the US government to temporarily defer removing an individual from the country — most commonly known through the DACA program for childhood arrivals.

Deferred action is a form of prosecutorial discretion exercised by US immigration authorities — specifically, a decision not to pursue removal (deportation) of a particular individual for a defined period of time. It does not confer lawful immigration status, does not provide a path to a green card on its own, and can be terminated at any time by the government. What it does provide is a temporary reprieve from removal and, in most cases, eligibility to apply for an Employment Authorization Document (EAD), allowing the individual to work legally in the United States during the deferred action period.

The most well-known deferred action program is DACA — Deferred Action for Childhood Arrivals — established by the Obama administration in 2012. DACA grants two-year renewable periods of deferred action (and corresponding EADs) to individuals who were brought to the United States as children, have lived continuously in the US since June 15, 2007, were under 31 years old as of June 15, 2012, and meet education or military service requirements. As of 2024, DACA recipients — commonly called Dreamers — number approximately 580,000. DACA has been subject to continuous legal challenges; federal courts have issued conflicting rulings about its legality, and new initial applications have been blocked in many jurisdictions while renewals continue to be processed.

Beyond DACA, deferred action exists in other forms. Deferred Enforced Departure (DED) is a similar discretionary protection granted by the President to nationals of countries facing armed conflict or other extraordinary conditions. Deferred action is also sometimes granted on a case-by-case basis to individuals with compelling humanitarian circumstances, those cooperating with law enforcement, or as a transitional measure during immigration proceedings. Temporary Protected Status (TPS) is a related — though legally distinct — program established by statute rather than executive discretion, providing temporary protection to nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or extraordinary conditions.

The fundamental limitation of deferred action as a long-term strategy is that it is not a legal immigration status and provides no guaranteed pathway to permanent residency or citizenship. DACA recipients who are sponsored for employment-based or family-based green cards by an employer or qualifying family member can obtain lawful permanent residency, but the deferred action itself does not create that path. The legal uncertainty surrounding DACA in particular — and the possibility of program termination — means that recipients often face significant long-term career and life planning challenges that documented workers do not, including difficulty obtaining professional licenses in some states, limited access to federal financial aid, and employment gaps when EAD renewals are delayed.

DACA: Eligibility and Current Status

  • Age at arrival: must have been under 16 when first entering the United States.
  • Continuous residence: must have lived continuously in the US since June 15, 2007.
  • Age cap: must have been under 31 years old as of June 15, 2012 (the program's announcement date).
  • Education/military: must be currently enrolled in school, have graduated from high school or obtained a GED, or have been honorably discharged from the US military.
  • Criminal record: must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
  • Current processing status (as of 2024): DACA renewals are being processed; new initial DACA applications are blocked by federal court order in most jurisdictions; the program's ultimate legal fate remains contested.

What Deferred Action Does and Doesn't Provide

  • Provides: temporary protection from removal (deportation) for the period granted.
  • Provides: eligibility to apply for an EAD, allowing legal employment.
  • Provides: in some states, eligibility for a driver's license.
  • Does NOT provide: lawful immigration status — deferred action is explicitly not a visa, green card, or any form of status.
  • Does NOT provide: a direct pathway to a green card or citizenship.
  • Does NOT provide: the ability to travel internationally and return freely without advance parole.
  • Does NOT provide: eligibility for federal financial aid (FAFSA), federal public benefits, or Social Security benefits.
  • Advance parole: DACA recipients can apply for advance parole (travel document) for educational, employment, or humanitarian reasons — though international travel carries risks and legal complexities.

Deferred Action in the Workplace

  • Employment: DACA recipients with valid EADs can work for any employer in any state — the EAD functions identically to any other List A I-9 document.
  • Professional licensing: most states now allow DACA recipients to obtain professional licenses (nursing, law, teaching, accounting), though a handful still restrict this.
  • Green card paths: DACA recipients can be sponsored for employment-based green cards by employers (requires PERM labor certification and meeting the EB preference category) or for family-based green cards by qualifying US citizen or LPR family members.
  • Employer considerations: there is no legal restriction on employers hiring DACA recipients with valid EADs — doing so is legally identical to hiring any other EAD holder.
  • EAD gaps: delays in DACA renewal processing can cause EAD gaps, during which recipients must stop working — employers should understand this risk and plan around it.
  • Legal uncertainty: the program's contested legal status means recipients and employers may face uncertainty about long-term employment planning — something to discuss openly with immigration counsel.

Example

A graphic designer brought to the US at age 4 has renewed DACA every two years since 2013. Her employer — a mid-size design agency — sponsors her for an EB-2 green card, beginning the PERM labor certification process. The PERM is approved, her I-140 is filed and approved, and because she's from Colombia (no significant EB-2 backlog), she adjusts status to lawful permanent resident 14 months after the I-140 approval. Her decade of DACA renewals kept her work-authorized long enough to reach a permanent immigration solution through employer sponsorship.