On April 24, a federal district court in Washington, D.C. ruled that the termination of DACA (Deferred Action for Childhood Arrivals) was unlawful and gave the Trump administration 90 days to explain their reasoning for ending the program. If the administration fails to provide a sufficient response, the court will require USCIS to accept new DACA applications.
Pursuant to another court ruling, the Department of Homeland Security (DHS) is currently accepting only DACA renewals.
Who does this impact?
Everyone with DACA. but especially young immigrants, who, based on their age, became eligible for DACA after the Trump administration decided to end the program. This also includes people who have always qualified but chose not to apply and anyone whose DACA has been expired for more than a year but wants to reapply.
Who qualifies for DACA?
- Anyone under 31 years of age as of June 15, 2012;
- who came to the U.S. while under the age of 16; continuously resided in the U.S. from June 15, 2007 to the present, entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
- were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
- are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
- have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind;
- and do not pose a threat to national security or public safety.
Things potential new applicants can do right now since they can’t yet apply:
- Collect your documents including school and medical records, proof of physical presence, criminal record, immigration history, and anything else that demonstrates you qualify for DACA.
- Start saving money for the filing fee. The $495 fee cannot be waived. There have been many charitable funds to help DACA recipients pay this fee, but you are not guaranteed assistance.
- Get a legal consult with a qualified immigration attorney. Don’t fall prey to scams, notario fraud, or simply making an uninformed decision. You should know your immigration options and legal rights before filing any immigration application
- Contact Charlotte Center for Legal Advocacy’s Immigrant Justice Program for advice on the issue of first time DACA applications and renewals at 704-971-4790
***Be wary of any individual or organization requesting large sums of money to prepare a first time DACA application at this time. We will not know for at least 90 days whether the government will accept new applications.***
Things individuals and organizations assisting DACA recipients can do:
- Share this DACA Update Fact Sheet with others to spread the word about what is happening.
- Refer anyone with questions to Charlotte Center for Legal Advocacy 704-971-4790.