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
Visit the toolbox for the latest community-friendly DACA information and free community tools to get informed on eligibility, requirements, application processes, and more as you prepare to submit an application for DACA
Latest Resources
Practice Advisory
Resources
Publication Date
09/27/2023
On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the DACA rule and the 2012 memo.
This Practice Alert goes over Judge Hanen’s latest ruling. It’s important to note that the amended order does not change the status quo. Current DACA recipients, or those whose DACA has lapsed for less than a year, can continue to renew their DACA and work authorization, as well as apply for Advance Parole. However, first-time DACA applications continue to be blocked and cannot be processed.
This Practice Alert goes over Judge Hanen’s latest ruling. It’s important to note that the amended order does not change the status quo. Current DACA recipients, or those whose DACA has lapsed for less than a year, can continue to renew their DACA and work authorization, as well as apply for Advance Parole. However, first-time DACA applications continue to be blocked and cannot be processed.
Resources
Resources
Publication Date
09/18/2023
On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring that the Deferred Action for Childhood Arrivals (DACA) rule is unlawful. It is important to note that while this judge once again found DACA to be unlawful, the decision does not change the current status of who is eligible to apply. This Community Alert walks through the details, as of September 18, 2023.
FAQs & Explainers
Resources
Publication Date
07/11/2023
This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).
FAQs & Explainers
Resources
Publication Date
06/12/2023
With the future of the DACA policy hanging by a thread due to litigation, DACA employees are wondering whether they can continue earning a living if they were to lose their work authorization. This Community Alert, produced in partnership with Immigrants Rising, lists some policy ideas that employers can implement to continue to support their employees if DACA were to end.
Practice Advisory
Resources
Publication Date
03/29/2023
The Deferred Action for Childhood Arrivals (DACA) policy has been fraught with uncertainty in the last couple of years. Despite the many advantages of this program for young people who have grown up in the United States, DACA continues to suffer attacks by conservative entities who argue that DACA was an overreach of executive power, with the most current legal challenge pending in Texas. Because of this, it is important to consider what other long-term options DACA recipients have and what benefits they can acquire while maintaining their DACA deferred action. This practice advisory will first over some options to consider when screening DACA recipients, like some new developments in deferred action grants, and how it is important to screen for parent immigration petitions and applications.
FAQs & Explainers
Resources
Publication Date
03/24/2023
This downloadable community explainer provides an overview of the current state of DACA, where the program stands given the uncertainty of pending federal litigation, and what beneficiaries should be considering as we wait for a court decision on the program’s future.
FAQs & Explainers
Resources
Publication Date
03/24/2023
This resource provides an overview of the process of traveling on advance parole and returning to the United States through a port of entry. For those granted permission to travel on advance parole, the return process can be intimidating and confusing. We’ve outlined ways to prepare for travel under Advance Parole and tips to make the process as smooth as possible.
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.
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.
Webinar
Webinar
Level: IntermediateThis webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Webinar
Webinar
Level: Intermediate / AdvancedJoin us for a review of the criminal grounds that serve as bars to DACA, including how the agency has handled discretionary decisions involving criminal records and allegations. We will also discuss the proposed DACA regulations and who would be able to qualify under the current version of the proposed rule.
Webinar
Webinar
In this webinar geared toward community members, the Immigrant Legal Resource Center and Immigrants Rising will provide an update on Deferred Action for Childhood Arrivals (DACA), including a breakdown and changes to the policy through the new rule that is effective October 31, 2022. We will also discuss what current litigation means for the policy’s future with a focus on how persons can prepare and how they can earn a living without DACA.