Information Regarding Deferred Action for Childhood Arrivals (DACA)

  • On June 18th, 2020, the Supreme Court of the United States, in a 5-4 decision, ruled that the Department of Homeland Security’s decision to rescind DACA was arbitrary and capricious and remanded the decision back to DHS to reconsider its decision to end DACA. Therefore, DACA cannot immediately be ended and will continue. Read the official court opinion here.

    On November 12, 2019, the Supreme Court of the United States heard oral arguments. Download the full audio recording here and read the full transcript here.

    The National Immigration Law Center has published DACA Heads to the U.S. Supreme Court: Where We are Now & What Could Happen Next. Download that article here.

    The Supreme Court took no action on January 22, 2019 on the government’s request to review the DACA decisions that have been previously issued. The court’s inaction almost certainly means it will not hear the administration’s challenge in its current term, which ends in June.

    The justices’ next private conference to consider petitions seeking review is scheduled for February 15, 2019. Even were they to agree to hear the case then, it would not be argued until after the next term starts in October and a decision sometime in early 2020 depending on when the case is heard.

    We recommend that students renew their DACA status in a timely manner, preferably before October 2019.



  • Through administrative relief, DACA was established on June 15, 2012, to provide protection to qualifying individuals who entered the United States as children. Deferred action means to defer removal or deportation of these individuals from the United States. Mainly, qualifying individuals will be granted protection from deportation for two years, subject to renewal, and be eligible for a work permit.

    Individuals may be eligible for DACA if they meet the following requirements:

    • They were in the United States before turning 16 years old;
    • They were under 31 years old as of June 15, 2012;
    • They were physically present on June 15, 2012, and on the day that they submit their application;
    • They have continuously lived in the United States from June 15, 2007, until the present;
    • They entered the United States without documents before June 15, 2012, or their lawful immigration status expired before June 15, 2012;
    • They are currently enrolled in school, have graduated from high school, have obtained a high school equivalency certificate (GED) or have been honorably discharged from the United States Coast Guard or Armed Forces; and
    • They have not been convicted of a felony, certain significant misdemeanors, or three other misdemeanors. DACA does not provide a path to citizenship. The federal DREAM Act, which would help create a path to citizenship for individuals who meet certain requirements similar to DACA, has not passed even after being put up for a vote several times since its inception. You should consult with an attorney if you have had any contact with law enforcement or immigration authorities.
  • As of March 30th, 2020, USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures.



    U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previo usly submitted biometrics.

    Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or has filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs are open for appointments to the public.

    We encourage all eligible DACA recipients to consult with an attorney or file a renewal application as soon as possible

    USCIS has been accepting renewal applications that are filed more than 150 days before expiration. However, DACA grants are issued from the date of approval, so one result of filing early could be that the recipient does not benefit from a full two-year extension.

    The government is not accepting or reviewing applications for Advance Parole. That means we strongly urge you to not attempt travel outside the United States.



    If you are not currently a DACA recipient,  you are not eligible to apply for DACA.

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