The U.S District Court of Maryland ruled on July 17th that the Trump Administration must accept new DACA applications, after the Supreme Court decision in June that struck down efforts to end the program. Over 600,000 people have received deportation protection under DACA, which also grants eligible individuals certain benefits such as work authorization, a social security number, and the ability to obtain driver’s licenses.
Since 2017, the Trump Administration has tried to progressively dismantle the Deferred Action for Childhood Arrivals (DACA) program. In the Fall of 2017, the United States Citizenship and Immigration Services (USCIS) stopped accepting new DACA applications. USCIS also made it difficult to for renewal applications to be processed and tried to stop accepting renewals altogether, but several Federal courts issued injunctions in 2018 that forced the administration to accept renewals. Since then, the program has been the victim of delays, obstruction, and uncertainty, where renewal applications were being processed by no new applications were being accepted.
The Supreme Court issued a 5-4 decision in June 2020 that the Trump Administration had not provided satisfactory legal justification for terminating the DACA program and had to restore the program to its original 2012 form. Many immigration experts understood this decision to mean that USCIS had to also start accepting new applications. However, even after the Supreme Court decision, USCIS had a notice on the website indicating they were not accepting new applications and clients who were submitting new DACA applications during that time were still being denied.
In light of the Maryland Federal Court ruling, USCIS is now currently accepting new DACA applications, but are putting the new applications in “pending” status.
While the recent court decisions obstruct the Trump Administration’s efforts to end DACA, it does not give permanent protection to the program and does not affirmatively declare that the program is legal.
To submit a first-time application for DACA protection, the applicant must meed the following criteria:
- Birth date on or after June 15, 1981
- Entered the United States prior to 15th birthday
- Resided in the United States continuously since June 15, 2007
- Was physically present in the United States on June 15, 2012, and had no lawful status of that date
- Currently a student in high school or college, or have graduated, earned a GEO, or served in the Armed Forces
- Have not been convicted of a felony or significant misdemeanors
- Does not pose a threat to national security or public safety
Applicants should consult an immigration attorney or Department of Justice accredited representative before applying for DACA for the first time. The initial application requires substantial evidence to prove the requirements above, so individuals will need to submit proof of identity, education, and criminal history. It is important for new and renewing DACA applicants to keep in mind that the DACA program does not provide a path to permanent residence or citizenship, and some DACA information may be accessible by Immigration and Customs Enforcement (ICE), though USCIS has stated that DACA information is protected.
The Law Office of Spojmie Nasiri is closely monitoring developments related to the DACA program. Please contact us at (925) 520-5195 if considering applying for DACA for the first time, or if interested in exploring other paths to citizenship or immigration relief.
Advance Parole
USCIS is currently accepting Advance Parole Applications and issuing I-797 Notice of Action Receipt Notices. Please contact our law office for further information in applying for Advance Parole.