Deferred Action for Childhood Arrival (DACA)
Deferred Action for Childhood Arrivals (DACA) is an exercise of prosecutorial discretion. Which, since inception, has provide a renewable two-year period of deferred action from deportation and work authorization to certain young. Undocumented immigrants who were brought to the United Sates as children. After this policy was implemented on June 15, 2012, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program on August 15, 2012.
On July 16, 2021, the U.S. District Court for the Southern District of Texas issued a permanent injunction prohibiting the government’s continued administration of DACA but temporarily stayed its order with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests. You can download a copy of the Court’s Order here.
Subsequently, and as long as this injunction remains in place, the USCIS may only continue to process DACA renewals, but not the initial DACA applications or renewal requests from those whose DACA expired more than a year ago.
Effect of Court’s Order on Current Recepients
This injunction, however, does not affect the current DACA recipients. Current DACA recipients can continue to request Advanced Parole and may continue to renew their DACA if one year has not passed since it expired. To qualify for advance parole, DACA recipients must show that their reason for travel is related to humanitarian, employment, or education reasons. USCIS strongly encourages DACA recipients “to file their renewal requests 120 to 150 days (four to five months) before the expiration of their current DACA validity period.” See USCIS Website.
What if You File an Initial Request on or after July 16, 202?
According to the USCIS if you file an initial DACA request with USCIS on or after July 16, 2021, you will receive a receipt notice, and USCIS will process your payment. However, USCIS will not adjudicate your request while the court order remains in effect. See USCIS Website.
What If your DACA Expired Over a Year Ago?
According to USCIS: if you submit a DACA renewal request more than one year since your last DACA expire or (any time after your most recent DACA was terminated). Your request is considerer an initial request, not a renewal. As indicated above, USCIS can accept initial DACA requests. But it is prohibited from approving them while this court order remains in effect. You will be issued a receipt notice, and your payment will be accepte. However, the request will not be further process, in compliance with the court order.
You may be considered for renewal of DACA if you met the guidelines for consideration of Initial DACA. under the secretary of Homeland Security’s June 15, 2012 memorandum (see below) AND you:
• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States since you submitted your most recent request for DACA that was approve up to the present time; and
• Have not been convict of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Initial Guideline Under the Secretary of Homeland Security’s June 15, 2012 memorandum:
In order to be considered for DACA, you must submit evidence, including supporting documents, showing that you:
• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtain. A General Educational Development (GED) certificate. Or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convict of a felony, significant misdemeanor. Three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.