Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals (DACA)
ILCM is not taking any initial DACA applications at this time. ILCM is still taking DACA renewal cases.
October 6, 2022: Yesterday evening, the 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision came in the context of a review of a July 2021 district court decision.
Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program.
“My heart and that of the Immigrant Law Center of Minnesota (ILCM) goes to all of the DACA holders and DACA eligible youth across the country, particularly those here in Minnesota who are our neighbors, coworkers, and friends,” said ILCM executive director Veena Iyer. “But this is not the end. We will not give up. DACA is not enough. DACA has offered a lifeline to over 800,000 young people, but it is only a temporary and limited fix. Congress and the Biden administration must act to fulfill their promises and provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”
August 24, 2022: The Biden administration announced a final version of the DACA rule that it initially proposed in 2021. The “new” rule codifies the 2012 Napolitano memo establishing DACA (Deferred Action for Childhood Arrivals), putting DACA into the Federal Register as an official regulation. It will take effect on October 31.
The entire 435-page rule is available here— https://www.federalregister.gov/public-inspection/2022-18401/deferred-action-for-childhood-arrivals —and is summarized in a much-shorter press release from the Department of Homeland Security here.
This new rule does not expand eligibility, or re-open DACA for first time applicants. Nor does it authorize processing applications from the nearly 80,000 young people who applied in 2021 and are awaiting a decision on their cases. This new rule does not impact the status of current DACA recipients. Immigrant youth who have aged into eligibility since 2017 and hundreds of thousands of other immigrants who were never able to apply remain locked out of the program.
“DACA is right and legal and it has helped hundreds of thousands of young people finish school, apply for a work permit, and be protected from detention and deportation,” said Jenny Stohl Powell, ILCM legal director. “Current DACA recipients should continue to file for renewal well in advance of the expiration of their DACA status. Everyone should beware of any social media or other messages offering to process applications under the new rule or reserve ‘a place in line.’ No new applications will be accepted because of pending litigation, and there is no line.”
July 28, 2021: USCIS updated its DACA Frequently Asked Questions on July 28, 2021. The new guidance clarifies how the agency will implement last week’s permanent injunction in the Texas v. U.S. case, including:
- Initial DACA applications and associated applications for work authorization that were pending on or after July 16, 2021 will remain on hold in compliance with the court’s order. Because these applications will remain pending, USCIS will not refund filing fees.
- Someone who was previously granted DACA but did not request renewal within one year of the expiration cannot apply for renewal. Under the previous policy, someone in this situation could apply for DACA by submitting an initial application. After the Texas decision, USCIS is prohibited from approving these applications.
- USCIS has cancelled all biometrics appointments for initial applications. Renewal applicants and applicants for advance parole should attend scheduled biometrics appointments.
The judge said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive action in 2012.
But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.
ILCM is not taking any new initial DACA applications at this time. ILCM is still taking DACA renewal cases.
January 20, 2021: President Biden issued a memorandum directing the Secretary of Homeland Security, in consultation with the Attorney General, to take appropriate action to preserve and fortify DACA, consistent with applicable law.
December 9, 2020: DACA INITIAL APPLICATIONS. If you have not had DACA before, please call 651-641-1011 or 1-800-233-1368 for intake screening. If you are eligible for our services, we will add you to our waiting list and send you a list of the DACA eligibility requirements and documents you need to file your application. Our office will later contact you to schedule an appointment. Please consult this checklist for eligibility requirements for initial DACA applications.
December 7, 2020: Effective December 7, 2020, US Citizenship and Immigration Services will accept new applications, as well as renewal requests, and extend the one-year grants of deferred action and employment authorization documents to two years. But DHS left the door open for an appeal.
“DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order,” the department said on its website.
December 4, 2020: “U.S. District Judge Nicholas G. Garaufis in Brooklyn said he was fully restoring the eight-year-old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administration tried to end it in September 2017. He ordered the Department of Homeland Security (DHS) to post a public notice by Monday to accept first-time applications and ensure that work permits are valid for two years.”
ILCM is planning and putting things into place to be ready to file initial DACA applications, but we are holding off on placing cases with attorneys or filing until USCIS issues guidance on accepting those applications. We do not want to put people at risk by providing their information to USCIS until we have some assurance they will properly process their applications. We are hopeful we will be able to file DACA initial applications soon.
August 21, 2020: The Department of Homeland Security (DHS) issued memorandum, which says that no new DACA applications will be accepted, and that renewal applications will be rejected if they are filed more than 150 days before expiration of DACA status.
July 28, 2020: The Department of Homeland Security (DHS) issued a memorandum effectively re-rescinding the Deferred Action for Childhood Arrivals (DACA) program. The memo states that DHS will reject initial DACA applications and applications for advance parole, and will only renew DACA for one year increments.
To read ILCM’s press relase, “DHS Memorandum on DACA: Ethically, Morally, and Legally Wrong,” click here.
July 24, 2020: “A Maryland court ordered the administration to [immediately start processing new applications] and set a hearing Friday on the issue. If it fails to start accepting applications, the administration could be held in contempt, facing possible fines or other sanctions.
“‘From the Supreme Court down, the courts have made it clear: DACA stands, and now its doors are open to new Dreamers to apply,’ said California Attorney General Xavier Becerra, who led the multistate coalition at the Supreme Court on DACA.”
July 13, 2020: “Today, 25 days after the decision, the Supreme Court will certify its judgement in the case, and—under the law—the U.S. Department of Homeland Security (DHS) will have an unambiguous obligation to fully reinstate DACA. As a result, not only must the agency continue processing renewal applications by those who currently hold DACA, but it must also reopen the application process to more than 300,000 new applicants who are eligible under the terms of the program, including 55,500 of the youngest DACA-eligible individuals who have aged into eligibility over the past three years and will now be able to apply for the first time.”
Click here for “ELIGIBILITY REQUIREMENTS FOR INITIAL DACA APPLICATIONS (7.13.2020)”
June 18, 2020: In the decision regarding DACA, the Supreme Court ruled that the current administration improperly ended it! For more information:
- For ILCM summary of Supreme Court decision on DACA, click here.
- For FAQ on DACA and Supreme Court decision, click here.
- For PDF of Supreme Court decision, click here.
- DACA renewals
- DACA initial applications
June 8, 2020: DACA is now before the U.S. Supreme Court. The Court has heard oral arguments, and is expected to announce a decision by the end of June—though nothing is certain. As soon as a decision is announced, this page will be updated.
On September 5, 2017, Attorney General Jeff Sessions announced that the administration was rescinding Deferred Action for Childhood Arrivals, commonly known as DACA. The rescission was effective on March 5, 2018.
While the Attorney General’s announcement said that no renewals would be allowed after October 5, 2017, federal courts have reversed that order. As of March 18, federal court decisions allow people who have DACA or who have had DACA in the past to apply for renewal.
Congress has not acted to extend DACA or to pass a Dream Act, but court decisions offer a window of safety for DACA renewals.
No new DACA applications are being accepted now. That could change, too. To keep up with the latest developments on DACA and other immigration issues, follow ILCM on Facebook and Twitter.
The original DACA program was established on June 15, 2012, when the Secretary of Homeland Security announced that certain people who came to the United States as children and met several guidelines could request consideration of deferred action for a period of two years, subject to renewal.