Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain individuals who meet program requirements to get request a grant of deferred action. Individuals who are granted DACA are able to renew their grant and are eligible for work authorization.
Our DACA page is a hub of resources and information for attorneys, legal advocates, and community members. Resources on this page include program updates and information on how the changes in policy impact DACA recipients. Additionally, there is information for those helping DACA recipients with their immigration case.
DACA Toolbox
Our most up-to-date free community tools to get informed on eligibility, requirements, application processes, and more as you prepare to submit an application for DACA
Latest Resources
FAQs & Explainers
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.
Practice Advisory
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.
FAQs & Explainers
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.
Practice Advisory
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.
FAQs & Explainers
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.
Public Comments / Sign-on Letters
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
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.
FAQs & Explainers
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.
FAQs & Explainers
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).
FAQs & Explainers
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.
FAQs & Explainers
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.
Related Products
Webinar
Webinar
Date and Time: 02/28/2023 11:00am to 12:30pm PST
Recorded Date: 02/28/2023
Place: Online
Registration Deadline: Tuesday, February 28, 2023 - 11:00am
MCLE: 1.5 CA & TX
Recorded Date: 02/28/2023
Place: Online
Registration Deadline: Tuesday, February 28, 2023 - 11:00am
MCLE: 1.5 CA & TX
Publication
Publication
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
Webinar
Webinar
This webinar, geared toward practitioners and advocates, will focus on the recent changes to DACA, including a breakdown on the impact the rule and litigation has had to the access of DACA, an in-depth look at advance parole for DACA recipients, and updates on advocacy efforts, and how to create long term strategies for DACA recipients.
Presenters
Veronica Garcia
Veronica joined the ILRC in December 2017 as a San Joaquin Valley Law Fellow. Prior to joining ILRC, Veronica completed an Equal Justice Works Fellowship at Centro Legal de La Raza as an DACA/DAPA Emerson Fellow. Veronica is a graduate of Howard University School of Law. During Law school, Veronica interned at various immigrant right organizations, including Kids in Need of Defense and New York Legal Aid. Additionally, Veronica was recognized by the Hispanic Bar Association of Washington D.C. (HBA-DC) for her commitment to the advancement of the Hispanic community by being awarded the inaugural HBA-DC Foundation Scholarship.
As an immigrant who grew up in Oakland California, Veronica strives to use her legal education and experience working directly with immigrant communities.
Krsna Avila
Krsna is based in San Francisco, California, and focuses on immigration enforcement issues, including state and local law enforcement’s cooperation with federal immigration agencies in unlawfully deporting immigrants, and Deferred Action for Childhood Arrivals advocacy.
Krsna joins the ILRC with a wealth of personal and professional immigration experience. Having immigrated to the United States with his parents when he was only four months old, Krsna grew up as an undocumented immigrant. Prior to law school, Krsna worked closely with the ILRC to establish a legal services program at Educators for Fair Consideration. As their Legal Services Manager, Krsna provided legal support to undocumented youth throughout the country.
Directly feeling the effects of our unjust immigration system, Krsna quickly became interested in attending law school in order to understand the legal system from a different lens.
While in law school, Krsna worked at the United Nations High Commissioner for Refugees in Washington D.C. and the American Civil Liberties Union of Northern California where he supported litigation regarding free speech and racial discrimination issues. He also participated in the Asylum and Convention Against Torture Appellate Clinic, where he helped represent a client before the Board of Immigration Appeals. Krsna also volunteered with the European Council on Refugees and was an editorial member for the Cornell Legal Information Institute U.S. Supreme Court Bulletin.
Krsna earned his undergraduate degree from the University of California, Davis, and his law degree from Cornell Law School where he received the 2017 Freeman Award for Civil-Human Rights for his commitment to civil rights and public service.
Presenters
Veronica Garcia
Veronica joined the ILRC in December 2017 as a San Joaquin Valley Law Fellow. Prior to joining ILRC, Veronica completed an Equal Justice Works Fellowship at Centro Legal de La Raza as an DACA/DAPA Emerson Fellow. Veronica is a graduate of Howard University School of Law. During Law school, Veronica interned at various immigrant right organizations, including Kids in Need of Defense and New York Legal Aid. Additionally, Veronica was recognized by the Hispanic Bar Association of Washington D.C. (HBA-DC) for her commitment to the advancement of the Hispanic community by being awarded the inaugural HBA-DC Foundation Scholarship.
As an immigrant who grew up in Oakland California, Veronica strives to use her legal education and experience working directly with immigrant communities.
Krsna Avila
Krsna is based in San Francisco, California, and focuses on immigration enforcement issues, including state and local law enforcement’s cooperation with federal immigration agencies in unlawfully deporting immigrants, and Deferred Action for Childhood Arrivals advocacy.
Krsna joins the ILRC with a wealth of personal and professional immigration experience. Having immigrated to the United States with his parents when he was only four months old, Krsna grew up as an undocumented immigrant. Prior to law school, Krsna worked closely with the ILRC to establish a legal services program at Educators for Fair Consideration. As their Legal Services Manager, Krsna provided legal support to undocumented youth throughout the country.
Directly feeling the effects of our unjust immigration system, Krsna quickly became interested in attending law school in order to understand the legal system from a different lens.
While in law school, Krsna worked at the United Nations High Commissioner for Refugees in Washington D.C. and the American Civil Liberties Union of Northern California where he supported litigation regarding free speech and racial discrimination issues. He also participated in the Asylum and Convention Against Torture Appellate Clinic, where he helped represent a client before the Board of Immigration Appeals. Krsna also volunteered with the European Council on Refugees and was an editorial member for the Cornell Legal Information Institute U.S. Supreme Court Bulletin.
Krsna earned his undergraduate degree from the University of California, Davis, and his law degree from Cornell Law School where he received the 2017 Freeman Award for Civil-Human Rights for his commitment to civil rights and public service.
Video
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
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
Video
This video identifies the supporting documents an applicant has to produceto accompany their DACA request packet and explains how best to organize them.