Criminal Charges Can End Your DACA Protection

Deferred Action for Childhood Arrivals (DACA) has allowed hundreds of thousands of young immigrants to live, study, and work in the United States without fear of immediate removal. But DACA protection is fragile, and criminal conduct can end it. Whether you live in Louisville, Lexington, Bowling Green, or anywhere in Kentucky, Clark + Harris defends DACA recipients with attention to both the criminal case and the immigration stakes.

DACA Eligibility and Criminal History

DACA was established by a 2012 Department of Homeland Security memorandum. Under the DACA guidelines, an applicant is ineligible if they have been convicted of a felony, a “significant misdemeanor,” or three or more other misdemeanors not arising out of the same act, omission, or scheme of misconduct, or if they otherwise pose a threat to national security or public safety.

Significant Misdemeanors That End DACA

The DHS guidelines define a “significant misdemeanor” as a federal, state, or local misdemeanor that is punishable by imprisonment of more than 5 days but not more than 1 year, and is either (a) an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or DUI, or (b) an offense for which the individual was sentenced to more than 90 days in custody (excluding suspended sentences).

This means that even a single Kentucky DUI conviction under KRS 189A.010 can be a significant misdemeanor that disqualifies you from DACA renewal. A domestic violence fourth-degree assault under KRS 508.030 likewise qualifies as significant misdemeanor DV.

Three-Misdemeanor Disqualification

Even non-significant misdemeanors can cost you DACA. Three or more misdemeanor convictions not arising from the same incident are disqualifying. This rule catches DACA recipients who have accumulated multiple minor charges over time — traffic-related misdemeanors, minor drug possession, theft by unlawful taking under KRS 514.030, or other Class B misdemeanors can stack up quickly.

Renewal Denial and Its Consequences

DACA must be renewed every two years. A criminal conviction during your DACA period doesn’t automatically end your current DACA grant, but it will likely result in denial of renewal. Once DACA lapses, you lose work authorization and employment authorization document (EAD) privileges, you lose protection from removal, and you may be prioritized for ICE enforcement.

Current DACA Program Status

DACA has been subject to ongoing litigation. In Texas v. United States and related cases, federal courts have limited new DACA applications while allowing renewals for current recipients. The program’s future remains uncertain, but the criminal conduct disqualifiers continue to apply. DACA recipients must protect their status by avoiding any criminal conviction — and when charges are filed, must aggressively defend the case with DACA implications in mind.

Defense Strategy for DACA Recipients

Clark + Harris defends DACA recipients with strategies including pursuit of diversion programs that avoid formal conviction, sentence structuring to stay under the 90-day custody threshold, plea negotiations to non-disqualifying charges, and careful management of the specific charges and dispositions to maintain DACA eligibility where possible.

Impact on Adjustment of Status

Many DACA recipients are also exploring or pursuing adjustment of status through marriage to a U.S. citizen, employer sponsorship, or other avenues. Criminal convictions can close those avenues even when they wouldn’t necessarily end DACA itself. An experienced Kentucky criminal defense attorney helps DACA clients protect all of their immigration pathways.

Contact Clark + Harris for DACA Criminal Defense

If you are a DACA recipient facing criminal charges in Kentucky, your ability to stay in this country depends on the decisions you make now. Clark + Harris provides the specialized defense DACA recipients need.

Call 859-474-0001 today for a confidential consultation.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

DACA Recipients Facing Criminal Charges in Kentucky