Post-Supreme Court Decision DACA Guidance

June 18, 2020

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The following guidance is based on the latest information we have and we will be updating this guidance as we learn more.

  • USCIS can continue accepting and  processing DACA renewal requests and ancillary work authorization filings. We recommend you consider applying for DACA renewal now in part because the application fees may increase and because the Trump administration may attempt to terminate the program again. 
  • The Supreme Court decision vacated the Trump administration’s termination of DACA and leaves the 2012 DACA Memo in place. As a result,  the decision requires DHS to again begin accepting initial filings and advance parole applications. However,  we do not know whether the Trump administration will attempt to take action limiting these options. 
  • If you have never had DACA and are considering whether to apply for it for the first time, we recommend that you consult with an immigration attorney or an accredited representative as soon as possible before you decide whether to apply. The immigration attorney or accredited representative will be able to give you an individualized assessment of the benefits and risks of filing for DACA.
  • Consult with an attorney or accredited representative. Despite the Supreme Court opinion, no one is certain about what will happen with DACA under the Trump administration.  At this time if you decide to request deferred action for the first time through DACA, we recommend that you ask your immigration attorney or accredited representative to complete and sign a Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) and submit it with your filing. We may change this recommendation in the future, however, as we learn more about the Trump administration’s plans for DACA.
  • Some factors to consider and talk to an immigration attorney or accredited representative about are the following:
    • The Trump administration could take action to rescind the DACA program again. For example, the Trump administration could come back with new reasoning to end DACA again. If you file for DACA today, it may take  three months or more to process a DACA request. The DACA program may be terminated again before you receive a decision on your DACA request and we don’t know what USCIS will do about pending filings. It’s possible not only that your filing could be denied, but that you may lose the $495 filing fee.
    • A first-time applicant has to submit a lot of evidence proving that they meet each eligibility guideline of the DACA program. It helps to prepare and gather these documents now to be able to apply for DACA. They may also  be useful in the future when applying for another form of immigration relief. 
    • As a first-time applicant, you would be be providing the Department of Homeland Security a significant amount of personal information and U.S. Immigration and Customs Enforcement (ICE) may have access to your information.
    • The Trump administration has drastically broadened the criteria for who is considered an immigration-enforcement (deportation) priority; an individualized assessment will help identify how this applies to you.  
    • The fee for applying for DACA may increase in the near future. 
  • If you are considering whether to apply for advance parole, we also recommend speaking to an attorney or accredited representative to receive an individualized assessment before applying and again before traveling.

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