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Deferred Action for Childhood Arrivals is a policy under which certain people who came to the United States as children may request deferred action — a decision to defer removal action for a period of time — and may be considered for work authorization. It has been the subject of ongoing litigation and policy change for years, which means the single most important thing this article can tell you is where to get current information rather than what the rules are today.
What DACA is, and what it is not
DACA is administered by U.S. Citizenship and Immigration Services. Deferred action means a decision not to pursue removal for a period; USCIS is explicit that deferred action does not confer lawful status, and it does not provide a path to permanent residence or citizenship on its own.
That distinction matters because a great deal of misinformation treats DACA as equivalent to a status or a green card route. It is neither, and decisions made on that misunderstanding — including declining other options that might be available — can be costly. Only an immigration attorney or a representative accredited by the Department of Justice can properly advise on which options apply to an individual situation.
K-12 education does not depend on it
This is the part that is genuinely settled and worth stating plainly: the right to attend public elementary and secondary school comes from Plyler v. Doe and does not depend on DACA, on any application, or on immigration status at all. A student without DACA has exactly the same K-12 enrolment right as a student with it.
Higher education is different and more varied. Whether an undocumented or DACA student qualifies for in-state tuition, state financial aid, or particular scholarships is determined by each state's own law and by individual institutions, and it differs substantially between states. Eligibility for federal student aid is a separate federal question. A high school counsellor and the financial aid office of a specific institution are the people who can answer for a specific case.
Avoiding scams, and finding real help
Immigration services fraud is a persistent, well-documented problem, and it targets exactly this situation. In many countries a notario público is a trained legal professional; in the United States a notary public is not, and cannot give legal advice on immigration. USCIS runs public information on avoiding scams for this reason.
The safe route is an immigration attorney or an organization accredited by the Department of Justice's Office of Legal Access Programs — the DOJ maintains a public list of recognized organizations and accredited representatives, and consulting it before paying anyone is the single most useful precaution. Never hand over original documents, and always get a receipt and a written agreement for any fee.
请记住
- Deferred action does not confer lawful status and is not by itself a path to permanent residence or citizenship.
- K-12 enrolment comes from Plyler v. Doe and does not depend on DACA or on immigration status at all.
- In-state tuition and state aid eligibility vary substantially by state and institution — ask a counsellor and the aid office.
- A U.S. notary public is not a legal professional — use an attorney or a DOJ-accredited representative from the official list.
资料来源
本文提供的是一般教育信息，不是针对个人的法律意见。KidsKnowRights 不是律师事务所，阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异，也会随时间变化。如需针对真实情况的建议，请咨询持照律师或法律援助机构。