• 01/16/19

    DACA: Preparing for 2019

    This webinar will present an overview of the current status of DACA as well as tips on renewals and exploring other immigration options for DACA recipients. The webinar will also provide an update on pending litigation and what it might mean for the future of the program and how DACA recipients can prepare for different outcomes.

  • 11/13/18

    9th Circuit Upholds District Court’s Injunction Requiring Government to Accept DACA Renewals

    Two recent major events affect the lawsuits challenging the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals, or DACA, program. First, on Monday, November 5, 2018, in an unusual and rare procedural move known as “cert. before judgment,” the government filed three petitions with the U.S. Supreme Court requesting that the Court review all three U.S. district court decisions requiring the government to partially maintain DACA. Second, on Thursday, November 8, 2018, the Ninth Circuit Court of Appeals issued an opinion upholding the preliminary injunction issued by the U.S. District Court for the Northern District of California — one of the three court orders requiring the government to partially maintain the DACA program.

  • 08/27/18

    DACA Update

    The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

  • 05/08/18

    Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions

    Recent government announcements and court cases on DACA have created confusion around who can apply, when they can apply, and how they can apply for DACA. To mitigate this confusion, below is an informational FAQ for your reference. Please note that lawsuits regarding DACA are still pending in the courts, and information is changing. For now, the DACA program is still partially available and will continue according to the U.S. Citizenship and Immigration Services (USCIS) guidelines issued in January 2018.

  • 04/20/18

    Screening DACA Recipients for Other Relief

    Given the uncertain future of the DACA program, it’s critical to screen recipients for all other forms of immigration relief. In addition to determining whether the individual can apply to renew DACA, are they potentially eligible for a more permanent immigration benefit, either affirmatively or defensively if in removal proceedings Even if a client was thoroughly screened prior to applying for DACA initially, changes in personal circumstances or immigration policy may mean that a new form of relief is now available. This advisory reviews some of the most common forms of relief that may apply to DACA recipients.

  • 03/09/18

    Stays of Removal for DACA Recipients

    On September 5, 2017, President Trump announced that he was rescinding the Deferred Action for Childhood Arrivals (DACA) program, leaving approximately 800,000 undocumented youth at risk for apprehension and removal from the United States. The DACA program was expressly available to youth with prior removal orders, so long as they met the DACA requirements. With the rescission of DACA, those individuals with prior removal orders are now extraordinarily vulnerable to apprehension and deportation, despite growing up in the United States since childhood. The purpose of this practice advisory is to assist practitioners filing stays of removal for those DACA recipients who have prior removal orders. This advisory explains how to seek a stay with the immigration court, the Board of Immigration Appeals (BIA) and the U.S. courts of appeal. It also covers how to seek a stay of removal from the Department of Homeland Security (DHS).

  • 03/09/18

    Screening DACA Recipients for Special Immigration Juvenile Status Eligibility

    As the future of the Deferred Action for Childhood Arrivals (DACA) program becomes increasingly uncertain, it becomes more important to screen DACA recipients for eligibility for other immigration benefits. Special Immigrant Juvenile Status (SIJS) is one of the benefits for which DACA recipients should be screened. SIJS is an immigration benefit available to children who have been the victims of abuse, abandonment or neglect at the hands of a parent. SIJS provides eligible children with a pathway to lawful permanent residence. There is an age limitation on eligibility for SIJS such that only children up to the age of 21 may qualify, therefore SIJS will only be an option for younger DACA recipients. Nonetheless, it is likely that some DACA recipients will qualify for this very valuable benefit.