DACA Explained
DACA is an administrative program that protects eligible individuals who came to the United States as children from removal from the United States. DACA gives these eligible individuals in an undocumented status: 1) temporary protection from removal and 2) work authorization. The program requires that the DACA status and work authorization be renewed every two years.
- On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Childhood Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022, and scheduled to go into effect on Oct. 31, 2022.
- The DACA final rule took effect on Oct. 31, 2022, to the extent permitted by current court orders. The final rule generally codifies existing policies with limited changes to preserve and fortify DACA. While the new rule will apply to applications considered as of Oct. 31, currently valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. If you have a pending renewal application, you do not need to reapply.
- Effective Oct. 31, 2022, U.S. Citizenship and Immigration Services (USCIS) will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. USCIS will also continue to accept and process applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests. The Department of Homeland Security (DHS) is currently prohibited from granting initial DACA requests and related employment authorization under the final rule due to the Oct. 14, 2022 order issued by the U.S. District Court for the Southern District of Texas, which extended its injunction and partial stay to the DACA final rule.
For more information, see the News Release
DACA at UNC Charlotte
Along with our sister institutions in the UNC System, UNC Charlotte continues to monitor federal legislative action and ongoing litigation regarding DACA. UNC Charlotte "remains steadfast in fulfilling the founding vision of this institution: to open access and create opportunities for all deserving students." At this time federal regulations do not allow individuals in an undocumented status and DACA recipients to receive federal financial aid. Also, current state regulations do not allow individuals in an undocumented status and DACA recipients to receive in-state tuition rates at universities in North Carolina. This can be a heavy burden for students when planning for college. Below are some current financial resources shared by the Office of Undergraduate Admissions that DACA recipients can review to help them search for additional funding.
UNC Charlotte remains committed to being a welcoming and inclusive community that cares for and supports all members of the 49er family through the availability of our resources.