Update: Deferred Action for Childhood Arrivals from USCIS
DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”):
Consistent with this order (PDF, 401.59 KB), DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, under the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
Extending one-year grants of deferred action under DACA to two years; and
Extending one-year employment authorization documents under DACA to two years.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.
DHS will comply with the order while it remains in effect, but DHS may seek relief from the order.
What is DACA?
Information was obtained from world relief
What is DACA?
The short story is that DACA has provided a pathway for children and young adults who came to the United States with their parents to legally obtain a Social Security Number, driver’s license, enroll in college and work. While their parents either came to the U.S. unlawfully or overstayed their visas, these kids usually had no choice but to come with their parents, and this immigration policy helped provide opportunities for those youth who had already been in our country for years. DACA doesn’t offer a pathway towards permanent legal status or U.S. citizenship. It also doesn’t give individuals access to federal financial aid programs. It simply affords them the opportunity to further their own development, provide for themselves and their loved ones, and participate in their communities without fear of deportation.
Deferred Action for Childhood Arrivals (DACA), announced by President Obama on June 15th, 2012, has allowed immigrants who
were born on or after June 16, 1981,
arrived to the United States before age 16 and
have lived in the U.S. since June 15, 2007
to be eligible for work authorization in the United States and protection from deportation for two years. These individuals are generally called “Dreamers,” named so after the DREAM Act, a piece of legislation first introduced in Congress in 2001 that would afford these individuals permanent legal status.
How many people have DACA?
According to the Department of Homeland Security, as of March 2017, 787,580, individuals have been granted DACA. Individuals from Mexico represent the largest number of DACA recipients, followed by El Salvador, Guatemala, Honduras, Peru, and South Korea.
What does the termination of DACA mean?
It means that 800,000 children or young adults would––at a minimum––lose their jobs which may mean lacking the income to make payments on a car loan, rent, mortgage or school tuition or to help support their families. It could also mean being sent back to their countries of birth, even though many cannot remember living in any country other than the U.S., where they have grown up.
The White House and Department of Justice announced the termination of DACA on September 5, 2017. This means the Department of Homeland Security is no longer accepting any new applications for DACA. Those with DACA can still renew.
What is the DREAM Act?
A permanent solution.
The DREAM Act is a bipartisan bill that would offer a permanent solution for Dreamers by allowing them to eventually earn citizenship if they go to college, maintain a job, or serve in the U.S. military. The latest DREAM Act was introduced by Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) on July 20, 2017, and a companion bill with bipartisan support has also been introduced in the House of Representatives.
What happens if Congress doesn't act?
If Congress does not pass a measure protecting DACA recipients, nearly 800,000 people alone would lose their permission to work and be at risk for deportation.
Both the Senate and the House need to pass a solution, and the President needs to sign a bill.
But aren’t Dreamers here illegally? Why should the U.S. allow them to stay?
While their parents made the choice to enter the U.S. illegally or overstay a visa, Dreamers, who were children when they arrived, did not make that choice for themselves. There’s no place in American law that penalizes children for the action of their parents. For many Dreamers, the U.S. is the only home they’ve ever known. Passing the DREAM Act is an opportunity to fix the law so that Dreamers correct their situation, earn citizenship and remain the country they call home.
Where can I find more information?
The website of the US Citizenship and Immigration Services has more information on DACA. Also, the Department of Homeland Security has posted answers to a list of questions about its plans to rescind the program.
Individuals who believe they may be eligible to renew DACA should immediately consult with an experienced immigration attorney or a non-profit organization (including many World Relief offices and local churches supported by World Relief) that is recognized by the U.S. Department of Justice to provide low-cost immigration legal services. Refer to this map for a site near you.
I support DACA and Dreamers, but am not sure how I—one person—can help. Do you have any ideas?
There are many ways you can help. Here are five simple ideas:
For starters, consider following World Relief on social media (Facebook, Twitter and Instagram) to learn more and share posts you agree with.
To take action, write your members of Congress urging them to support the DREAM Act.
If you’re a church leader or pastor, consider signing onto this letter which we will send to your Representative and Senator.
Write and submit an op-ed or a letter to the editor of the local paper about why you support Dreamers.
If you have a story to tell about yourself or someone you know who has DACA, consider sharing how it’s helped your or their life on social media. This is a human issue and we need to keep it humanized.