Resources
Publication Date
03/12/2021
With USCIS now accepting requests for DACA from individuals who have never had DACA, it's VITAL that we understand how to put our best foot forward when compiling evidence documents and application forms. In this video Staff Attorney Veronica Garcia and Legal Outreach Coordinator Abraham Bedoy walk through everything you need to know to prepare to submit your initial application packet!
Resources
Publication Date
03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance.[i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.
Resources
Publication Date
09/09/2021
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Resources
Publication Date
03/24/2021
The ILRC’s DACA Team has put together a page-by-page form guide for anyone looking to apply for Deferred Action for Childhood Arrivals (DACA) as an initial request. This annotated community resource provides insights into many of the questions asked of recipients when completing the forms needed to make up a complete application packet (forms I-821D, I-765, and I-765WS). As stated in the document, it is important that any individual completing their forms ensures that they are using the most up-to-date forms USCIS offers – otherwise they will reject your submission.
Resources
Publication Date
04/14/2021
This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court for DACA initial applications in November of 2020. This advisory offers information to guide advocates as they determine eligibility.
Resources
Publication Date
05/05/2021
Persons are barred from receiving or renewing DACA if they have been convicted of a felony, a significant misdemeanor, three or more misdemeanors, or otherwise pose a threat to national security or public safety. DACA applicants who have been arrested or convicted of a crime may still be eligible, but they should first obtain their criminal records and take them to an expert immigration practitioner to obtain legal advice about their eligibility and potential risks of applying. This resource provides persons applying for DACA with instructions about what criminal records they need for their application and how they can find them.
Resources
Publication Date
05/11/2021
Applicants must meet certain requirements to be eligible for DACA, including showing that they have been continuously residing in the United States since June 15, 2007. Acquiring documents to use as evidence to prove the continuous residence requirement can be tedious. As such, this resource focuses on the types of evidence initial DACA applicants can gather to prove continuous residence and where applicants can get this evidence.
Resources
Publication Date
05/27/2021
In this practice advisory co-drafted with Public Counsel, we answer common questions on how to tackle disclosure of juvenile adjudications and dissemination of court records for individuals interested in applying for DACA. It also includes a sample DACA request packet, which shows various ways to disclose juvenile adjudications and comply with state confidentiality laws.
Resources
Publication Date
06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include:
Resources
Publication Date
06/24/2021
Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the Department of Justice decided not to defend the rule, so it never took effect and for now immigration filing fees remain at the previously set amounts. This advisory reviews some of the main forms of immigration relief available to children and youth and the current fees for each, and summarizes the litigation and related efforts that ultimately defeated the Trump fee rule.
Resources
Publication Date
07/15/2021
While the immigration field has long explored how to provide legal services to underserved communities, determining how to deliver high quality services remotely became a universal concern during the COVID-19 pandemic. Now, as organizations gradually return to in-person services, some are exploring how to integrate remote practices into this changed landscape. In this practice advisory, we review the ongoing impact of the pandemic on immigrant communities, U.S. Citizenship and Immigration Services (USCIS), and immigration legal service agencies. We also provide lessons learned from agencies across the country that are continuing to think expansively about how to incorporate remote services to meet clients’ needs.
Resources
Publication Date
07/16/2021
On July 16, 2021, a Federal District Court in Texas issued a ruling in Texas v. United States limiting the DACA policy and declaring it unlawful. More detailed information on this decision will be offered in the coming days but for now it is important to understand how today’s ruling impacts the DACA community.
Resources
Publication Date
08/05/2022
As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help protect immigrants from deportation by: (1) reducing arrests, (2) protecting constitutional rights, and (3) appropriating local resources wisely.
Resources
Publication Date
10/01/2021
On September 28, 2021, the Department of Homeland Security published a proposed federal regulation announcing its intent to codify Deferred Action for Childhood Arrivals (DACA).
Resources
Publication Date
10/27/2021
The proposed DACA regulation presents serious problems and real opportunities. See the regulation at 86 Fed Reg 53736 (Sept. 28, 2021), https://www.govinfo.gov/content/pkg/FR-2021-09-28/pdf/2021-20898.pdf.
Resources
Publication Date
11/12/2021
On September 28, 2021, DHS issued a notice of proposed rulemaking for Deferred Action for Childhood Arrivals. The proposed rule seeks to codify DACA and while this presents real opportunities, there are serious problems with the rule in regard to the criminal bars to DACA, in particular the elimination of expungements for DACA purposes. See proposed rule here.
Resources
Publication Date
11/18/2021
On November 18, 2021, the ILRC submitted comments making recommendations to USCIS regarding the agency’s proposed regulation on the Deferred Action for Childhood Arrivals (DACA) program. ILRC focused on recommendations that address the need for USCIS to create standards within this regulation to ensure equitable and consistent treatment for DACA applicants.
Resources
Publication Date
04/14/2022
Currently, individuals who have Deferred Action for Childhood Arrivals (DACA) can request and travel with Advance Parole. DACA recipients can request Advance Parole for humanitarian, employment, and education reasons. To qualify, DACA recipients will need to demonstrate that their need to travel falls within one of these categories. This community resource provides an overview of travel with Advance Parole and gives some examples of what may qualify.
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Resources
Publication Date
08/31/2022
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that will incorporate DACA into the Federal Regulations. Since its announcement, several questions have been raised around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This community resource outlines key points for you to keep in mind as you navigate access to DACA now and when the rule goes into effect on October 31, 2022.
Resources
Publication Date
09/12/2022
The final Deferred Action for Childhood Arrivals (DACA) rule was published on August 30, 2022 and is set to go into effect on October 31, 2022. This rule is an attempt to “preserve and fortify” the DACA policy as directed by President Biden’s January 20, 2021, memorandum titled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).” This practitioner’s guide delves into aspects of the rule and discusses the future of DACA considering the Texas-led lawsuit challenge to the legality of DACA now pending at the Fifth Circuit Court of Appeals, the current injunction barring the adjudication of initial DACA requests, and what to expect in the future.
Resources
Publication Date
10/10/2022
On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the Texas v United States case. In their decision, the Fifth Circuit agreed with Texas and found that the DACA policy is unlawful but sent the case back to the Southern District of Texas to consider the recently issued final DACA rule. The Fifth Circuit maintained the court order allowing those who are eligible to continue to renew their DACA and apply for advance parole while the case is pending. More changes and updates are expected around the DACA policy as we wait for a decision. This resource is a list of frequently asked questions to help community members navigate the changes to DACA.
Video
This videocast describes Deferred Action for Childhood Arrivals, and answers some common questions like, “What does it mean? Will it grant me immigration status? Is this the DREAM Act? Can I apply for citizenship down the road?”
Video
This video provides a brief overview of DACA, including how many people have applied and the benefits of applying. It covers the main eligibility requirements for DACA, points out the various issue areas, and provides the volunteer with best practice tips when screening a DACA applicant.
Video
This video identifies the supporting documents an applicant has to produceto accompany their DACA request packet and explains how best to organize them.
Video
This video offers an overview of the DACA request process, explains how to fill out all of the required DACA forms, and outlines best practices and tips for completing the forms, which can be more complicated than they look. The presentation also alerts practitioners and volunteers about potential problem areas that may arise during the process, and when to seek expert advice.
Publication
Since the publication of the 3rd edition of this guide in 2016, the DACA program has undergone a number of policy and processing changes. While this publication is still available for purchase, please visit our DACA page for updated information.
Publication
Note: The Trump administration has heavily curtailed parole programs into the United States. For example, U.S. Citizenship and Immigration Services (USCIS) discontinued authorizing advance parole for DACA recipients; the administration terminated the Central America Minors (CAM) Refugee/Parole Program; and the administration is considering a termination of military parole-in-place. Thus, much of the content of this manual is useful for assessing prior grants of parole, but the content no longer reflects the current state of parole practice. Advocates continue to challenge the actions of the current administration and some of these decisions are subject to lawsuits.
Video
After a long legal battle, on June 18, 2020, U.S. Supreme Court restored the DACA program – allowing for both renewal and first time DACA applications – but uncertainty about the future of the program remains. This webinar provides a refresher on preparing initial applications, special considerations for first-time, the larger context of the movement for immigrant rights and how to support efforts for inclusive immigration reform.
Webinar
This webinar will review recent changes to the DACA program, adjudication trends and the DACA process, and outline strategies for advocates and practitioners to best support DACA recipients and other young, undocumented immigrants.