How Criminal Charges in Kentucky Can Affect Your DACA Status
If you are a DACA (Deferred Action for Childhood Arrivals) recipient facing criminal charges in Kentucky, your protected status may be at risk. DACA provides temporary protection from deportation and work authorization, but this protection can be revoked based on criminal convictions or even certain types of arrests. The attorneys at Clark + Harris help DACA recipients in Lexington, Louisville, and throughout Kentucky defend against criminal charges while protecting their DACA status.
DACA Eligibility and Criminal Bars
DACA eligibility is conditioned on the recipient not posing a threat to national security or public safety. Under the DACA guidelines, you are automatically disqualified if you have been convicted of a felony, convicted of a significant misdemeanor, or convicted of three or more non-significant misdemeanors. A significant misdemeanor includes DUI regardless of the sentence, domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, and any other misdemeanor with a sentence of more than 90 days, not including suspended sentences.
This means that even a single DUI conviction or drug conviction can cost a DACA recipient their protected status and expose them to deportation. For DACA recipients, the stakes of a criminal case are extraordinarily high.
How Criminal Charges Affect DACA Renewal
DACA must be renewed periodically, and each renewal requires the recipient to demonstrate continued eligibility. Pending criminal charges, even without a conviction, can delay or complicate DACA renewal. USCIS may hold a renewal application in abeyance while criminal charges are pending, and a conviction during the renewal period can result in denial and termination of DACA status.
If you have a pending DACA renewal and are arrested, it is critical to inform your criminal defense attorney about your DACA status immediately. Your attorney needs to understand the DACA-specific consequences of different dispositions to develop a defense strategy that protects your status.
Defense Strategies for DACA Recipients
At Clark + Harris, our defense strategy for DACA recipients focuses on achieving outcomes that preserve DACA eligibility. Seeking dismissal of all charges is the primary goal, as a dismissal has no effect on DACA status. If a plea is necessary, we negotiate for dispositions that do not constitute significant misdemeanors under the DACA guidelines. We pay careful attention to the sentence imposed, ensuring it does not exceed the 90-day threshold that elevates an offense to a significant misdemeanor. For drug charges, we seek non-drug-related dispositions whenever possible, as drug convictions are significant misdemeanors regardless of the sentence.
We also advise DACA recipients on the interaction between their criminal case and their DACA renewal timeline, helping them coordinate the two processes to minimize risk.
What to Do If You Are a DACA Recipient Facing Charges
If you are a DACA recipient who has been arrested or charged with a crime in Kentucky, take the following steps. Tell your attorney about your DACA status at the very first meeting. Do not plead guilty to any charge without understanding the DACA consequences. Contact your immigration attorney if you have one to coordinate with your criminal defense attorney. Continue to comply with all DACA requirements including reporting address changes and maintaining your renewal timeline.
Contact Clark + Harris to Protect Your DACA Status
Your DACA status is too valuable to risk. Clark + Harris provides DACA-aware criminal defense in Lexington, Louisville, and throughout Kentucky. Call 859-474-0001 for a free consultation.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- What to Bring to a Kentucky Jail Visit
- How Much Does a Criminal Defense Lawyer Cost in Louisville?
- How to Put Money on an Inmate’s Account in Kentucky
- How Long Does a Misdemeanor Stay on Your Record in Kentucky?
- How to Find Out If Someone Has Been Arrested in Kentucky