Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals

Supreme Court Update (As of June 2020)

On June 18th, 2020, the Supreme Court of the United States struck down the Trump Administration’s attempt to eliminate the Deferred Action for Childhood Arrivals (DACA) program. In a 5-4 decision, the Supreme Court held that the Trump Administration had not provided satisfactory legal justification for ending the program. Instead, the decision to end the program was deemed “arbitrary and capricious”, and attempts to rationalize the decision were either impermissible or inadequate. As a result, the program cannot be immediately terminated. Over 700,000 “Dreamers” previously were uncertain that their DACA protection would prevent deportation, as the current administration tried to eliminate the program. With the Supreme Court’s decision, DACA protection from deportation remains in place, so that Dreamers can continue pursuing education and work opportunities with their temporary legal status.

>>>Read the Full Supreme Court Decision Here

As of the decision, the US Citizenship & Immigration Services (USCIS) will continue accepting renewal applications from anyone who previously had DACA status. It is also expected that the USCIS will being accepting first-time DACA applications, as well as advance parole applications from existing DACA recipients. This is, however, subject to many different variables, such limitations imposed by the Trump administration; so, it is strongly recommended that applicants be represented by an attorney during the application or renewal process.

>>>More details about DACA post-Supreme Court Decision

>>>Download Form G-28 to Include with DACA Application (Notice of Entry of Appearance as Attorney or Accredited Representative)

>>> Trump Administration Must Begin Accepting New DACA Applications, Federal Courts Rule (July 17th, 2020)

 

The immigration law office of Spojmie Nasiri is closely monitoring every development stemming from the Supreme Court decision. Please contact (925) 520-5195 with any questions or if you need immediate assistance.

 

Previous Status of DACA (As of October 2019)

Prior to June 2020, USCIS was not accepting any new applications for individuals who have never had DACA status. However, anyone who has ever had DACA protection previously was eligible to apply for renewal. Several lawsuits and challenges are making their way through the court system, and the United States Supreme Court is set to decide on the future of the DACA program during the 2019-2020 term, with a decision expected between January and June in 2020. 

Overview of Deferred Action for Childhood Arrivals (DACA) Program

The Deferred Action for Childhood Arrivals program, widely known as DACA, was launched in June 2012 by then-President Barack Obama. The program allowed over 700,000 young immigrants to be “lawfully present” in the United States without fear of deportation for a period of 2 years. DACA status allowed these young people to obtain work permits and to apply for driver’s licenses, but did not provide legal status or a pathway to citizenship. To be eligible for DACA, applicants had to be at least 15 years of age at the time of applications, and had to be under the age of 31 on or before June 15th, 2012. Several other criteria were established for applicants to be qualified for DACA: applicants could not have been convicted of a felony, could not have had lawful status prior to June 15, 2012, and would not be considered if they were deemed a threat to national security or public safety. In addition, DACA applicants had to either be pursuing their education, have completed high school, or have been an honorably discharged veteran of the US Armed Forces or Coast Guard. Between 2012 and 2018, over 700,000 people had obtained protection under DACA.

However, in the Fall of 2017, the Trump Administration sought to rescind the DACA program. From that point forward, United States Citizenship and Immigration Services (USCIS) immediately stopped accepting new DACA applications. Individuals who were previously granted DACA status were allowed to apply for renewal, but only for a very brief amount of time after the decision. Through a series of revocations and memos, the executive branch attempted to end the program altogether by not accepting renewal applications and by not defending the policy in court. However, several injunctions ordered by multiple Federal courts in early 2018 forced the administration to accept renewals nationwide, but no new applications would be accepted. Since 2018, the program has remained in relatively the same form, where anyone who has ever had DACA status can continue to reapply for protection, but no new applications are being accepted. 

Requirements & Documents Needed for Renewal

USCIS’ current goal is to process DACA renewal requests within 120 days. If your renewal request has been pending more than 105 days and you have not heard from us, please feel free to contact us.

Please contact us through the USCIS Contact Center or by sending a message from your USCIS online account inbox.

How to Renew

Additional Resources