DACA

Term Page
DACA
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 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. 

Fundamentals of Employment-Based Visas

DACA

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

Parole in Immigration Law

DACA
Family-Based
U Visa/T Visa/VAWA

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...

DACA Updates & Strategies

DACA

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...

DACA

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. 

Image of forms with the heading "Consideration of Deferred Action for Childhood Arrivals" on them.

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
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.
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. 

DACA and Criminal Bars Issues

Crimes
DACA

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...

FOIA

Asylum
Citizenship and Naturalization
Crimes
DACA
Detention
Enforcement
Family-Based
Immigrant Youth
Post-Conviction Relief
Public Charge
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA

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...