UPDATE: January 13th. U.S. Citizenship and Immigration Services (USCIS) announced that it would resume accepting DACA renewal applications beginning January 13, 2018. Here are some important things to note based on information provided by USCIS and UnitedWeDream, the largest immigrant youth-led network :
- USCIS is now accepting certain DACA renewal applications. If your DACA expired on or after September 5, 2016, you may send USCIS DACA renewal applications. This means you must fill out the latest versions of Form I-821D, Form I-765 Application for Employment Authorization, and Form I-765WS Worksheet. If your DACA expired before September 5, 2016, you must reapply through an initial application, not renew. Everyone must include the date your DACA expired or will expire on Part 1 of the Form I-821D.
- USCIS will not accept any first-time DACA applications. No new or first-time DACA applications will be accepted by USCIS. If you are eligible for DACA now but never applied, this announcement does not apply to you.
- Requests for advance parole from DACA recipients will not be accepted. USCIS will not accept or approve any advance parole requests. We recommend that you do not leave the country, even if you have been approved for advance parole in the past.
- We do not know how long USCIS will continue to accept DACA renewals. The Trump Administration stated that it plans to “vigorously” challenge the district court’s decision. This means that the window of time available for sending in your DACA renewal is uncertain. We recommend that if you fulfill the requirements outlined above, that you assess whether to apply immediately.
- We need to continue working towards a Dream Act. Not everybody is protected by DACA, so our community remains at risk of detention and deportation until we win a permanent solution.
UPDATE: On January 09th, Judge William Alsup of the U.S. District Court for the Northern District of California ordered a halt to the federal government’s termination of the Deferred Action for Childhood Arrivals, or DACA, program. This order requires U.S. Citizenship and Immigration Services (USCIS) to begin accepting DACA renewal applications again. At the moment, THERE ARE NO DACA RENEWALS OR APPLICATIONS BEING PROCESSED. Please beware of scams or people saying otherwise. We are waiting for new developments, meaning an appeal or a process by USCIS. We will keep you informed.
The information below has been curated based on publicly available documents issued by the ACLU, the National Immigration Law Center, Immigrant Justice, and the Department of Homeland Security. None of this information replaces legal advice.
On September 5, 2017, U.S. Attorney General Jeff Sessions, on behalf of the entire Trump administration, announced the end of the Deferred Action for Childhood Arrivals (DACA) program.
Below, some things you need to know:
1. Your DACA AND work permit are valid until its expiration date. DACA and work permits (employment authorization documents) will remain valid until their expiration date. To determine when your DACA and work permit expire, check your I-795 Approval Notice and the bottom of your employment authorization document (EAD).
2. No new DACA applications will be accepted. U.S. Citizenship and Immigration Services (USCIS) will not accept or process first-time applications for DACA after September 5, 2017.
3. If you already have DACA and want to renew it: DACA issuances and work permits that expire between now and March 5, 2018, must be submitted for renewal by October 5, 2017. If you have a work permit that will expire between now and March 5, 2018, and you want to renew it, you must apply for a two-year renewal of your DACA by October 5, 2017.
4. Advance parole to travel abroad is no longer available. The U.S. Department of Homeland Security (DHS) will no longer grant DACA recipients permission to travel abroad through advance parole. Any pending applications for advance parole will not be processed, and DHS will refund any associated fees.
5. What if an individual has a pending application, but USCIS has not issued a decision?
If an individual’s renewal request has been pending for more than 105 days, the individual or his/her legal representative can submit a status inquiry via phone by calling 1-800-375-5283 or online via U.S. Citizenship and Immigration Service’s (USCIS) inquiry submission platform. If that does not yield a result, the individual or his/her legal representative may wish to consider seeking congressional assistance
6. What if an individual’s application is denied? Will the individual be deported?
A denial will not automatically cause USCIS to refer an individual to Immigration and Customs Enforcement (ICE) to initiate removal proceedings (the court process to deport an individual). USCIS will apply its existing Notice to Appear guidance to decide whether the agency deems the referral warranted.
7. Once an individual’s DACA expires, will their case be referred to ICE for enforcement purposes?
Information provided to USCIS in DACA requests will not be proactively provided to ICE and Customs and Border Protection (CBP) for the purpose of immigration enforcement unless the requestor meets the criteria for the issuance of a Notice to Appear. USCIS will review its guidance to decide whether the agency deems the referral warranted.
8. Can DACA recipients whose valid EAD is lost, stolen or destroyed request a new EAD during the phase out?
If an individual has a period of DACA that is currently valid, he/she may apply to replace a lost, stolen, or destroyed EAD/work permit by filing a new Form I-765 and paying the $495.00 filing fee.
9. Can a DACA recipient with approved advance parole still travel outside of the country?
Those with a current DACA advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP retains the authority to refuse entry to an individual – even one that has the approved advance parole document. Individuals with approved DACA Advance Parole should speak to a qualified legal representative to fully understand the significant risks associated with travel.
10. Can a DACA recipient continue to use his/her Social Security Number (SSN) after their DACA expires?
The SSN that a DACA recipient received pursuant to their DACA grant will belong to that individual for life. In fact, the individual can continue using the SSN for various matters (banking, housing, education, etc.). In terms of lawful employment, the individual will need to present a valid EAD/work permit to use the SSN for employment.
11. Can a DACA recipient continue working lawfully?
The administration clarified that it will not request return of EADs/work permits pursuant to the rescission announcement; as such, a DACA recipient can continue working lawfully until their EAD expires. DACA recipients are not legally obligated to notify their employer that their EAD is close to or has expired. If the expiration date is nearing, an employer can ask for an updated EAD; however, the employer cannot take action against the DACA recipient until the EAD expires. A DACA recipient can continue seeking employment until their EAD expires. During the job search, an employer cannot ask if the individual is a DACA recipient or how the individual obtained his/her work permit.
12. What happens to a DACA recipient’s driver’s license when his/her DACA expires?
In most states, a DACA recipient’s driver’s license may expire when his/her work authorization ends. People need to be cautious. Georgia law DOES NOT allow non-visa status individuals to obtain a Temporary Visitor Driver’s License (TVDL).
15. What can a DACA recipients do now?
We highly encourage DACAmented individuals to seek a legal consultation to explore other potential forms of immigration relief. If you need recommendations for lawyers or nonprofit organizations providing legal services, please contact us.
RESOURCES IN GEORGIA:
The Georgia Undocumented Youth Alliance (GUYA) is the top grassroots organization working with DACA recipients to providing support, organizing specific actions and convening youth.
The Georgia Latino Alliance for Human Rights (GLAHR) is leading the work in mobilizing for protests.
In terms of advocacy, a coalition of organizations (including Fwd.us, Asian Americans for Advancing Justice, The Latin American Association, The Sanctuary Movement, the Interfaith Coalition and others) are advocating for a Clean Dream Act. If you are a DACA recipient and are interested in learning more, email us