Navigating Higher Education: A Comprehensive Guide to DACA, Student Requirements, and Benefits

The Deferred Action for Childhood Arrivals (DACA) program has significantly impacted the lives of many young undocumented immigrants in the United States, offering them opportunities to pursue higher education and contribute to the workforce. This article provides a detailed overview of DACA, its requirements, the benefits it offers to students, and the ongoing legal challenges surrounding the program. It will also address financial aid options for undocumented students and considerations for travel and renewal of DACA status.

Understanding DACA

Deferred Action for Childhood Arrivals, known as DACA, is a process announced by the Secretary of Homeland Security on June 15, 2012. It was established due to an executive order signed by former President Barack Obama. "Deferred action" refers to a decision to defer (delay or put off) removal action of an individual. DACA may be granted by USCIS for a period of two years and may be renewed under certain circumstances.

DACA students are individuals who applied for and received deferred action. DACA students typically are granted employment authorization and receive an employment authorization documented (EAD card). The EAD allows DACA students to apply for a Social Security Number and driver’s license.

DACA Eligibility Requirements

The original DACA program allowed certain immigrants to apply, based on specific requirements. To be eligible, individuals had to:

Be younger than 31 on June 15, 2012 (i.e., under age 44 as of 2025).
Come to the United States when they were younger than 16.
Have lived in the United States since 2007.
Be currently enrolled in school, have completed high school or its equivalent or be a veteran.
Have no lawful status as of June 15, 2012.
Not pose a threat to public safety or national security.
Have not been convicted of a felony, one significant misdemeanor, or three or more misdemeanor offenses that do not arise from a single event or misconduct.

Documents Required for DACA Applications

Applicants typically need to provide documentation to prove they meet the DACA requirements. This includes:

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Proof of residence in the U.S. since June 15, 2012: This could include rent payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies
Proof of no lawful status on June 15, 2012: Form I-94 with expiration date, final order of removal or deportation as of June 15, 2012, or Department of Homeland Security (DHS) document about removal proceedings
Proof of current education, graduation, G.E.D., or military service: Acceptable documents include current enrollment in elementary, middle, high school, or home school; education or literacy program, GED program, college/university/community college, diplomas, transcripts showing graduation date, and/or dates of enrollment
Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records or health records
Proof of removal proceedings: Copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA)
Proof of Criminal history: Official statement from arresting agency that no charges were filed, or if charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident; an original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction

Benefits of DACA

DACA offers several significant benefits to its recipients. These benefits enhance their opportunities for education, employment, and overall well-being. DACA significantly benefits its approximately 832,881 recipients.

Work Authorization

Recipients receive a work permit to work legally in the United States. This opens up opportunities for better-paying jobs, career advancement, and the ability to support themselves and their families.

Access to Education

While DACA does not provide federal financial aid, recipients can attend college and may qualify for state or institutional financial aid and scholarships in certain states.

Protection from Deportation

DACA protects eligible young immigrants as children from deportation and to provide them with work authorization for temporary, renewable periods.

Higher Education Opportunities for Undocumented Students

Undocumented children in the United States have the same rights as any other child to a primary and secondary education. Parents or guardians should follow state education laws about minors' education. In Texas, unless your child falls into a specific exception, the state requires children between the ages of six and 18 to attend school.

College and University Enrollment

Anyone in the United States, whether undocumented or not, may attend colleges and universities. It is advisable to speak to an admissions officer first to determine what specific steps you need to take to apply and enroll.

Financial Aid Options

Only people with certain statuses in the United States may receive federal financial aid for higher education. Undocumented students, including DACA students, are not eligible for federal student aid. Some states and universities have dedicated funds for undocumented students. Texas does allow eligible undocumented students to receive state aid. To qualify for state aid, students must submit the Texas Application for Financial Aid and prove they are Texas residents.

Higher education institutions also offer financial aid in the form of merit-based academic scholarships. Some schools participate in programs that award need-based grants and scholarships. Contact your academic institution for more information.

For the 2025-2026 academic year, the is the 30th day of the term. Students looking to access other MN Office of Higher Education financial aid programs for the 2024-2025 year will still need to complete the MN Dream Act application. For example, a student applying for the Student Teacher Grant program or accessing the North Star Promise program, will need to complete the 2024-2025 MN Dream Act Application. The results of the application can also be used to qualify for in-state tuition rates at the University of Minnesota (Duluth, Morris and Twin Cities campuses).

In-State Tuition

It depends on the state where you go to college. The Texas Dream Act of 2001 provides in-state tuition at Texas colleges and universities for undocumented students if they meet certain requirements:

Graduated from a Texas high school, or earned a high school equivalency diploma (GED) in Texas.
Lived in Texas for three years before enrolling in a Texas higher education institution.
Signed an affidavit (sworn statement) saying that they will seek legal residency as soon as possible.

DACA Renewal Process

Your DACA status is only valid for two years. You should submit your renewal application approximately 5 months prior to the expiration of your DACA status and work permit. To renew, applicants must submit a new set of forms and pay a fee. Failure to renew your DACA will leave you without legal status once your DACA expires.

USCIS recommends DACA recipients submit their renewal requests between 120 and 150 days before their current DACA expires. To request a DACA renewal, the following conditions must be met:

Applicant did not depart the United States on or after Aug. 15, 2012, without a valid travel document (Form I-131)
Applicant continuously resided in the United States since submitting their most recent approved DACA request
Applicant has not been convicted of a felony, a serious misdemeanor, or three or more misdemeanors, and does not pose a threat to national security or public safety

How to Renew

Complete and sign Form I-821D and Form I-765.

Additional Documents:

Proof of updated deportation or removal proceedings since initial application: See above
Proof of any additional criminal history since initial application: See above

DACA renewal fee: \$605

USCIS has put together some helpful tips on renewing DACA, including filing on time and making sure you submit all the required forms and documents.

Advance Parole

DACA recipients may now apply for advanced parole, but due to the uncertainty with it is very important that you consult with an immigration attorney to assess any risks before you travel outside of the US, even with a grant of advance parole.

Advance parole is given for academic, work, and/or humanitarian purposes, and evidence must be submitted before you leave the country.

Because of the uncertainty with DACA, it is very important that you consult with an immigration attorney to assess any risks before you travel outside of the US, even with a grant of advance parole.

Legal Challenges and the Future of DACA

Due to ongoing litigation, no new Deferred Action for Childhood Arrivals (DACA) applications are being adjudicated by US CIS. Only those individuals who currently have DACA can submit a renewal application. If you have never had DACA in the past, it is not recommended that you submit an application at this time.

DHS has issued regulations regarding DACA, but those regulations are limited by the current litigation. All DACA recipients and DACA-eligible individuals should pay close attention to the news (or talk to an immigration lawyer) for the most up-to-date information.

DACA is not a permanent immigration status and does not offer a path to citizenship. DACA does not grant legal status. DACA itself does not give you legal status.

The DACA program was established after Congress failed to pass Obama’s Development, Relief, and Education for Alien Minors (DREAM) Act aimed at granting legal status to young immigrants living in the United States. In the absence of legislative support, Obama issued DACA via executive order as a temporary measure.

The Trump administration announced in September 2017 that it would start to phase out the DACA program. Several court cases prevented the full repeal of DACA, with the Supreme Court ruling in 2020 that an attempt to do so was “arbitrary and capricious,” as well as a violation of federal law. Nevertheless, President Trump still managed to put various restrictions in place.

In November 2020, a federal judge in New York ruled that Chad Wolf, the acting head of the DHS, did not have the authority to make changes to the DACA program, and those rules were therefore invalid. The following month, a federal judge ruled that first-time applicants were once again permitted to apply. In January, 2021 President Joe Biden issued an executive order formally reinstating the program. Biden’s sweeping immigration agenda included a pathway to citizenship for DACA recipients, but the administration has faced repeated legal hurdles to make headway on legislative progress to fortify the program.

Despite the Biden administration’s persistent efforts to preserve DACA, in October 2022 a federal judge ruled that the program could continue only temporarily and that new applicants would still be unable to apply. As of January 2023, no future hearings have been set to confirm DACA’s status or whether the program can open up to new applicants. The Biden administration published a final rule on the program in late October 2022, and the Department of Homeland Security (DHS) has stated it will continue to protect the program and call on Congress to pass legislation solidifying its permanent status.

Since 2021, the DHS has been unable to process first-time DACA applications due to court challenges but has continued to process DACA renewal requests and related requests for employment authorization. In January 2025, a federal appeals court ruled against the legality of the DACA program in Texas, the state that filed the lawsuit. However, there is currently a stay on the ruling until there are further orders by the appeals court or the Supreme Court.

Health Coverage and DACA Recipients

While individuals with DACA status can be authorized to work, they had previously been ineligible for federal health coverage through Medicaid, the Children’s Health Insurance Program (CHIP), and the Affordable Care Act (ACA) health insurance Marketplaces. The Biden Administration published regulations to expand eligibility for ACA Marketplaces, including tax credits to help pay for premiums and cost-sharing, to DACA recipients as of November 1, 2024.

However, as of January 2025, DACA recipients in 19 states are ineligible to enroll in ACA Marketplace coverage due to pending court challenges. Additionally, on June 25, 2025, the Centers for Medicare and Medicaid Services (CMS) finalized a rule that will once again exclude DACA recipients from the definition of “lawfully present” immigrants for the purposes of health coverage, making them ineligible to purchase coverage through the ACA Marketplaces beginning 60 days after the final rule’s publication in all states.

Potential Impacts of Ending DACA

Elimination of the DACA program could increase negative physical and mental health outcomes among recipients and their families due to increased likelihood of deportation, family separation, loss of employment, and increased barriers to health care. Research shows that DACA increases access to employer-sponsored health insurance, and expanded coverage is associated with reduced barriers to health care and increased access to culturally competent care. Research also finds that children of mothers that are eligible for DACA were more likely to participate in the Special Supplemental Nutrition Program for Women, Infant, and Children, compared to children of mothers who were ineligible.

Uncertainty about DACA has been shown to increase negative mental health outcomes and worse self-reported health among DACA recipients, while program protections lead to improved mental health. Elimination of the DACA program could also have negative economic and workforce impacts. DACA has reduced unemployment rates and allowed DACA recipients to contribute to the workforce and their communities.

Seeking Legal Assistance

DACA is just one form of immigration relief. Undocumented students, including those who do not qualify for DACA, may be eligible for other immigration relief. Please consider speaking with an experienced immigration attorney or DOJ-accredited representative to determine whether you qualify for other immigration relief.

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