• 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

    This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options.  Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.

  • 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.

  • 03/02/18

    Immigration Relief for DACA Recipients Based on Fear of Return

    The Trump Administration’s decision on September 5, 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program casts uncertainty on the future of the approximately 800,000 individuals DACA has protected and places them at potential risk of removal to countries where they may face danger. This practice advisory is designed to help legal service providers screen former and current DACA recipients for eligibility for asylum and related humanitarian relief based on potential fear of return to their countries of origin.

  • 01/16/18

    FAQ: USCIS Is Accepting DACA Renewal Applications

    On January 9, 2018, Judge William Alsup of the U.S. District Court for the Northern District of California ordered a halt to the federal government’s termination of the Deferred Action for Childhood Arrivals, or DACA, program. In the case Regents of the University of California, et al. v. Department of Homeland Security, et al., Alsup granted a preliminary injunction — a temporary order blocking the termination of the DACA program while the case goes forward — requiring U.S. Citizenship and Immigration Services (USCIS) to begin accepting DACA renewal applications again. On January 13, 2018, USCIS announced its process for accepting renewal applications. USCIS also stated that further guidance about DACA renewal applications under the court order would be provided later. United We Dream and the National Immigration Law Center drafted the following answers to frequently asked questions about the Jan. 13 announcement.

  • 01/11/18

    Court Orders the Department of Homeland Security to Allow Individuals with DACA to Apply to Renew It

    On January 9, 2018, Judge William Alsup of the U.S. District Court for the Northern District of California ordered a halt to the federal government’s termination of the Deferred Action for Childhood Arrivals, or DACA, program. In the case Regents of the University of California, et al. v. Department of Homeland Security, et al., Alsup granted a preliminary injunction — a temporary order while the case goes forward — requiring U.S. Citizenship and Immigration Services (USCIS) to begin accepting DACA renewal applications again. This is an important victory, but it makes the need for Congress to do its job and pass the bipartisan Dream Act even greater.

  • 12/22/17

    What can you do if your DACA renewal application was rejected as not having been filed on time?

    OCTOBER 5, 2017, was the last day that U.S. Citizenship and Immigration Services (USCIS) would accept applications to renew Deferred Action for Childhood Arrivals (DACA). Only people whose DACA would expire between September 5, 2017, and March 5, 2018, were eligible to apply for a renewal. Many of those who applied were rejected for various reasons. This resource will help those who filed for renewal but were rejected to determine next steps.