On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule that, with limited changes, continues the Deferred Action for Childhood Arrivals (DACA) policy that was announced in 2012. The rule generally adopts the existing DACA policy, including the current threshold criteria for qualifying for DACA, as well as the existing process for DACA applicants to request work authorization when applying for DACA.
The rule will take effect on October 31, 2022. Until then, USCIS will continue processing DACA renewal applications according to the terms of the 2012 DACA policy. However, an injunction from the U.S. District Court for the Southern District of Texas continues to block USCIS from granting any initial applications for DACA.
(directly quoted from the National Immigration Law Center)
On July 16th, Judge Hanen in Texas ordered the DACA program to be partially ended. He ruled that DACA is unlawful, but DACA remains in place for current recipients. The judge sent the DACA policy back to Department of Homeland Security so that the Biden Administration can develop a new DACA policy.
What this means:
- Current DACA recipients will continue to have DACA and can renew.^
- If your application for renewal is already being processed: your renewal should continue as normal.*
- If your first-time application has not been approved as of July 16th, DHS will not approve your request. Only initial applications approved as of July 16th will be processed.*
- If you are eligible for DACA but have never applied: DHS can still accept your application but will NOT be able to process it.*
- Advance Parole is still open for DACA recipients.
- * United We Dream
- ^ Nina Perales, MALDEF VP of Litigation (MALDEF represents DACA recipients in this lawsuit brought by Texas to overturn DACA)
Stay updated & connected:
- Text DACACALL to 877877 to get the latest updates from United We Dream
- Learn more about this decision from Immigrants Rising
- Check-in with our CAPS liaison, Erica. Visit the virtual Immigrant Resiliency Drop-in Space on Mondays this semester (4-6pm).
- Give yourself the care you need in critical times like this. To get Undocu-health resources from United We Dream, text “UHEALTH” to 877-877.
- Schedule time to check-in with Matt, the ISRC Grants Project Manager
For help with DACA applications, please check out:
To be eligible for DACA you must:
- Have been under the age of 31 as of June 15, 2012
- Have entered the U.S. before you turned 16 years old
- Have continuously resided in the U.S. since June 15, 2007 up to the present time
- Have been physically present in the U.S. on June 15, 2012 and at the time you are applying for DACA
- Have had no lawful status on June 15, 2012
- Currently enrolled in school (or have returned to school), graduated, obtained certificate of completion (e.g. GED) OR be an honorably discharged U.S. veteran
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety
Our ISRC team can help you complete your DACA renewal & initial application for free.
For more resources including DACA application scholarships, please contact our friends at ScholarshipsA-Z:
Here are some important points to remember:
- You do NOT have to stop working until your work permit expires.
- Your employer has no right to harass you about DACA and the expiration date on your work permit.
- You are not legally obligated to tell an employer that DACA was terminated or that your work permit expired.
For DACA students at UArizona
Schedule some time with an ISRC team member to better learn about our services and ways we can help you enter and navigate the university. Contact us at email@example.com.