Are you contemplating applying for DACA? Not sure if you’re eligible? Are you looking to renew? This page is dedicated to housing our most up-to-date free community tools you can download, share, watch, and print to get informed on eligibility, requirements, application processes, and more as you prepare to submit an application for Deferred Action for Childhood Arrivals (DACA).
IMPORTANT DACA UPDATE (JULY 2021):
On July 16, 2021, a federal judge issued a decision and permanent injunction in Texas v. United States. Whereas previous litigation focused on challenging the termination of the Deferred Action for Childhood Arrivals (DACA) policy, in this case the state of Texas and eight other states argued that the DACA policy was unlawfully created in the first place under the Administrative Procedure Act (APA) and the Take Care Clause of the U.S. Constitution.
In Texas v. United States, the judge sided with the plaintiff states and found that the DACA policy is unlawful under the APA and remanded the policy to the Department of Homeland Security (DHS) to attempt to align the DACA policy with APA requirements.
While more changes to the DACA policy are expected in the upcoming weeks and months, including new guidance from United States Citizenship and Immigration Services (USCIS), new regulations on DACA by DHS, and an appeal of this case, below is a list of frequently asked questions for practitioners that will be updated as more information becomes available.
What does the decision mean for persons who currently have DACA?
The judge temporarily stayed his decision to remand the DACA policy to DHS as it relates to persons who obtained DACA on or before July 16, 2021. This means that persons who currently have DACA can continue to submit renewal requests.
Can you submit requests for persons whose DACA have expired?
According to the decision, DHS is only prevented from approving initial DACA requests after July 16, 2021. As such, persons who previously had obtained DACA on or before July 16, 2021, but whose status have expired can continue submitting requests and getting those requests approved so long as it has not been one year or more since the expiration date. Unfortunately, USCIS treats requests filed a year or more after the expiration as initial DACA requests and is currently prevented from approving them.
Can DACA recipients continue to request Advance Parole?
Yes. USCIS has clarified that it will continue to approve Advance Parole requests for persons who currently have DACA and meet all other requirements. That being said, it is important to discuss the risks associated with upcoming changes to the DACA policy before deciding to travel outside the United States. See our practice advisory Requesting Advance Parole and Traveling Outside the United States Under Deferred Action for Childhood Arrivals for more information on eligibility for Advance Parole.
What happens to DACA recipients who are currently outside of the country on Advance Parole?
Persons who currently have an unexpired DACA and are outside of the country on Advance Parole should be able to return safely to the United States. Further changes to the DACA policy may impact the ability to travel on Advance Parole in the future.
When should DACA recipients submit their renewal requests?
Persons should continue to submit their DACA renewals 120 to 150 days before their DACA and employment authorization expire.
What is happening to the backlogs of DACA renewal requests? Is there a way to expedite DACA renewals?
There have been recent reports of a backlog of requests for DACA renewals that have been pending for months and are yet to be approved. USCIS recently stated that they have assigned additional staff to ensure DACA requests are processed in a timely manner and reiterated their goal of processing renewal requests within 120 days.
USCIS has stated that if your DACA renewal request has been pending for more than 105 days, you can submit an online inquiry at egov.uscis.gov/e-request. Although there is no formal way to expedite DACA renewal requests, some applicants whose cases are outside normal processing times have also sought help from the USCIS Customer Service, congressional members in their state or district, raising the case to USCIS Ombudsman’s Office, and gathering signatures online community petitions, and obtaining media coverage.
What happens if persons requested DACA for the first time, but USCIS has not approved them?
Due to the judge’s order, USCIS will not approve any initial DACA requests. While the court order prohibits USCIS from approving initial DACA requests from persons who never had DACA on or before July 16. 2021, it does not prohibit USCIS from accepting them. In fact, USCIS has issued a statement saying they will continue accepting both initial and renewal requests. USCIS has stated that it will hold the pending initial DACA requests without rejecting them, even if USCIS cannot approve them.
What if persons received an appointment for biometrics?
Receiving a biometrics appointment is just one step in the adjudication process for DACA requests and is required by USCIS to conduct a background check and assess eligibility for DACA. Receiving or completing a biometrics appointment does not grant DACA or any protections given under the DACA policy.
USCIS has started to issue cancellation notices for first-time DACA applicants who have upcoming biometrics appointments. If someone received this cancellation notice, it means they do not have to go to the Application Support Center to complete their biometrics on the date scheduled.
If someone has an upcoming biometrics appointment but has not received a cancellation notice, USCIS has stated that these persons should also not go to their appointments.
How does an applicant know if their first-time DACA request was approved or not?
There is a lot of confusion around when a person’s DACA request is approved. It is important to remember that a DACA request is not granted by the receipt notice or biometrics notice or by having attended a biometrics appointment. A DACA request is only granted when USCIS sends a notice informing the individual that they have been approved for DACA. This means that persons who only received a receipt notice and/or a biometrics notice have not been approved. For now, the court order prevents USCIS from approving any pending initial DACA requests.
What happens to the information submitted when requesting DACA if those cases are now on hold? Will persons be at risk of arrest or deportation?
DHS has stated that DACA requestors are not a priority for deportation or enforcement. Additionally, the court’s order states that the decision should not require DHS to take action against DACA requestors. While it is currently not clear what will happen with these pending initial DACA requests, current policy prevents DHS from sharing any of the information provided in them with other entities within DHS, like ICE, except in limited circumstances.
What happens to the fees submitted with initial DACA requests?
USCIS has stated that because initial DACA requests will remain on hold, it will not issue refunds while the court order remains in effect.
Should persons respond to USCIS’ Request for Evidence (RFE) or Notice of Intent to Deny (NOID)?
Individuals should continue to respond to any RFEs and NOIDs. A DACA request could be denied if an individual fails to timely respond to an RFE or NOID. Even though USCIS is currently not allowed to grant any initial requests for DACA, USCIS suggests that you respond to RFEs in the event that they can be approved in the future.
Should eligible persons still request DACA for the first time if they never had it before?
The court order permits USCIS to accept initial requests for DACA, but it prohibits them from granting these requests. While the court order remains, it is not clear if there is any advantage to submitting an initial DACA request right now. In the meantime, persons should continue to be screened for DACA eligibility and other forms of relief in case there are additional developments in the coming weeks and months.
Note: Are you enrolled at a California State University or California Community College? Your campus may currently be offering free immigration legal services thanks to generous funding by the California Department of Social Services. Check in with your campus to find out more!
Details for California State University legal services partners can be found here.
Details for California Community Colleges legal services partners can be found here.
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.
This video details how to complete a DACA renewal application packet by walking through the various forms’ questions to highlight what they mean and focus on areas worth paying close attention to. As always, we highly encourage applicants to seek a consultation with a trusted legal service provider before submitting their packets. Namely this is so applicants can ensure they are submitting their information as accurately as possible and addressing the dimensions of their specific case that may or may not allow them to be eligible for other forms of immigration relief. In this one-hour walkthrough video, the ILRC’s Legal Outreach Coordinator, Abraham Bedoy, dives deep into each form required for a renewal so those taking on their own application packet (forms: I-821D, I-765, I-765WS, G-1145) can follow along to double-check their entries.
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.
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, 2012. 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.