Updated February 26, 2018
On February 26, 2018, the Supreme Court rejected the Trump administration’s request for expedited review of the preliminary injunction in DHS v. U.C. Regents, the Deferred Action for Childhood Arrivals (DACA) case. The injunction requires the Trump administration to allow Dreamers to file DACA renewal applications and maintain their DACA status. The Supreme Court ordered DHS to go through the normal appeal process. Now the 9th Circuit Court of Appeals must make a decision on the injunction before the Supreme Court can review the DACA. This means that DACA holders can apply to renew their DACA status. While this is a victory for immigrant families, it is not a permanent one. Only a clean Dream Act can provide Dreamers with a permanent solution.
DACA holders, their friends, families and communities should keep the following things in mind to protect their rights:
1) DACA renewals only
You can renew your DACA status for 2 years if you were previously granted DACA but it expired anytime on or after September 5, 2016. You can also file for a 2-year renewal if your DACA status expires in the future. First-time applications are not accepted.
2) Forms and cost of renewal application
You must file forms I-821 D, I-765, and the I-765 worksheet along with the $495 filing fee or fee exemption request. Download these forms at https://www.uscis.gov/forms.
3) Help with the DACA filing fee
If you need help with the $495 DACA filing fee, check with Mission Asset Fund.
4) Advance parole
The judge’s decision does not require DHS to allow advance parole requests.
5) DACA expiration before September 5, 2016
If you had DACA status but it expired before September 5, 2016 it’s possible to file another DACA request. You must list the date your prior DACA expired or was terminated on the form I-821.
6) DACA status is current until the expiration date and can be renewed
If your DACA status has not yet expired, it is still valid. The preliminary injunction in the DACA case allows you to renew your DACA status. DHS announced on January 13, 2018 that it would abide by the judge's order and accept DACA renewals.
7) Talk to your union rep if you have one
If you belong to a union, talk to your union rep if your employer gives you any problems about DACA or for general questions.
8) Proof of DACA status
It’s important to keep proof that you have been granted DACA with you. A copy of your employment authorization card, or a notice of approval will prove that you have been granted DACA. After you have applied for an extension of your DACA status, you can keep a copy of the receipt notice with you also.
9) Rights under the U.S. Constitution
All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.
10) Reputable legal help -- not notarios
Find reputable immigration attorneys and legal services organizations. Avoid scammers and notarios who claim to be able to help you.
To find reputable immigration attorneys and legal services organizations, go to iAmerica.org/legalhelp. Avoid scammers and notarios who claim to be able to help you.
Many legal services organizations and reputable attorneys are processing DACA applications. If you have questions about your DACA status, it’s important to consult with a reputable immigration attorney—don’t wait.
The fight for a permanent solution—a clean Dream Act—is more important now than ever!
Together We Can is providing DREAMers in need with a FREE, easy-to-use, online platform that steps you through a simple to understand process of preparing DACA renewal paperwork from any device. Start your application now.
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