On September 5, 2017, President Trump’s Administration announced rescission of the Deferred Action for Childhood Arrivals (DACA) program. Following this announcement, various lawsuits were filed challenging rescission of the program.
On January 9, 2018, a federal judge in California issued a nationwide order reinstating the DACA program for individuals who have already applied for and received benefits under the program. The order directs the Department of Homeland Security to post reasonable public notice and prescribe a process to resume receiving DACA renewal applications for these individuals. The US Supreme Court will make a ruling about DACA in November 2019.
RENEWAL APPLICATIONS ARE STILL BEING ACCEPTED
On January 13, 2018, USCIS announced that it is once again accepting DACA renewal applications, because a U.S. district court in California ordered an issue. The court order was issued in a case challenging the Trump administration’s termination of the DACA program. A frequently-asked-questions document authored by NILC and United We Dream and based on the Jan. 13 announcement is available below.
U.S. Citizenship and Immigration Services (USCIS) currently is only accepting requests for DACA renewals. Except as indicated below, DACA policies are the same as they were when DACA was rescinded on September 5, 2017.
- Those who have not previously been granted DACA status are not eligible to apply.
- Those who previously have been granted DACA are eligible to apply for a renewal or a new grant of DACA by making an application to USCIS.
- Those whose DACA period expired a year ago or less can renew their application. If the DACA period expired more than a year ago, or terminated recently, they can’t renew their application. Instead, they must file the application as a new initial DACA application.
- USCIS will not accept or approve Advance Parole (permission to travel outside the US) for DACA recipients.
For more information on eligibility for DACA and application processes to renew or make a new application for DACA, visit the USCIS website.