On July 28, 2020, DHS released a memo on the Supreme Court ruling that they should reinstate Deferred Action for Childhood Arrivals (DACA). We anticipated resistance against the court victory and the new attack from the Trump Administration confirmed our predictions.
The July 28th memo pledges for the United States Citizenship & Immigration Services (USCIS) under DHS to do the following:
USCIS will not accept any new DACA applications.
All DACA renewals will now be limited to one (1) year grants, instead of the previous two (2) years of protection and employment authorization.
Effective immediately all pending DACA renewals are limited to one-year grants, instead of the previous two-years.
Advanced Parole: Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances.
If previously granted advanced parole, the benefit will not be revoked.
Guidelines “protecting” personal information from being released by USCIS still remain.
They will deny applications at their discretion* (there are currently no guidelines specifying how they exercise discretion).
Here's what you should know.
- Currently, if you were previously granted DACA, you can renew your DACA application.
- Unfortunately, if you never had DACA, you cannot apply for DACA at this time.
- No advance parole requests from DACA recipients are being accepted or approved by the federal government.
- Lawsuits about DACA are being debated in federal courts. One case that will determine if DACA remains may be heard by the U.S. Supreme Court.
Our ISRC team can help you complete your DACA renewal application for free. We are not attorneys, but we understand the steps to complete the application. Contact us if you would like to schedule time to complete your application (firstname.lastname@example.org).
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.