DACA

Nothing on this page is intended as legal advice.
This is only an attempt to summarize developments on this issue

Updated December 5, 2019

In 2012, the U.S. Department of Homeland Security, under President Obama instituted the Deferred Action for Childhood Arrivals (program), granting a type of temporary permission to stay in the U.S. called “deferred action.” Since DACA was promulgated as an executive order as opposed to a statute, it was subject to reversal by the President. President Trump has in fact attempted to terminate DACA but several district court orders are in effect that require the government to accept renewal applications from DACA recipients. Thus ,the United States Department of Homeland Security is accepting renewal applications. The cases are now under review at the Supreme Court, which heard arguments on November 11, 2019.

Here is a summary of information a USCIS announcement on DACA effective June 19 2019:

USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients. As of Aug. 1, 2019, USCIS is returning to a one-year filing window across the board for requesting renewal of an expired period of DACA. Accordingly, if you previously received DACA and your most recent period of DACA expired one year ago or less, you may still file your DACA request as a renewal request. If you previously received DACA and your most recent period of DACA expired more than one year ago, or your most recent DACA grant was previously terminated, you cannot request DACA as a renewal but you may nonetheless file a new initial DACA request. (Note that the Immigration Service states that it is not taking new applications.)

The following warning is from the National Immigration Law Center:

If you want to apply to renew your DACA . . . we encourage you to speak first with an immigration attorney or a Board of Immigration Appeals–accredited representative. If you decide to proceed with an application, we urge that you be represented by an attorney or accredited representative a Form G-28 should be filed with your application).

At this date the following appears correct

If you already applied: the government is going to process all initial DACA applications that it received by September 5.Existing work permits will be honored throughout their period of validity
 Travel: Those with DACA will no longer be granted “advanced parole” to travel outside the country. Existing parole documents will “generally” be honored. (As always, advanced parole has some degree of uncertainty to it.)

Want to help?

Donate to scholarships for undocumented students through Self Made Scholars (which funds Maryland, DC, and Virginia students).
 Ask friends at local schools and universities if they know any DACAmented students who need help to pay the $495 renewal fee.
 In Maryland, remind people that Maryland’s Dream Act, which provides in-state tuition to undocumented Maryland high school graduates, is still in effect. Many other states have comparable provisions. . Click here for University of Maryuland information on the DREAM ACT and here for advice regarding DACA