DACA

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.

If you are a DACA recipient living in California and facing financial challenges, you can get your renewal filing fees covered by connecting with and getting support from a participating direct services organization found in the directory below. Note that this support is only available until the end of 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.

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.

This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).

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.

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.

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.