DACA Update, August 2021 On July 16, 2021, a federal court in Texas found that the 2012 DACA program is unlawful. For now, those who currently have DACA maintain that status and their work permits remain valid.
Full Answer
Are new DACA applications being accepted?
A July 2021 court ruling declared DACA "illegal." Get the most recent DACA news and updates. Learn How to renew your DACA and more.
Where to mail DACA application?
Jul 19, 2021 · Release Date: July 19, 2021. 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”): On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.”. The Court granted summary judgment on plaintiffs ...
Is DACA still available?
Aug 17, 2021 · On July 16, 2021, Federal Judge Andrew Hanen ruled that DACA was unlawful and thus prevented Department of Homeland Security from processing new applications. The judge found that DHS did not have the power to create DACA and by doing so it had violated the APA (Administrative Procedure Act).
Is DACA coming back?
DACA Update July 2021. On July 16, 2021, a Federal District Court judge in Texas issued a ruling in Texas v. U.S. declaring DACA unlawful, which, effective immediately, means that USCIS is blocked from approving any new DACA applications. It is important to note that even though new applications will no longer be approved, current DACA recipients are still covered, and renewals …
Is DACA approved in 2021?
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.
Can I travel outside the US with DACA 2021?
Without bringing evidence that they meet the requirements, DACA recipients cannot travel outside the U.S., and their application will be rejected. What's more, it is not possible to travel for just any reason, like going on a trip for relaxation purposes or visiting a family member or friend.
Is DACA accepting new applicants?
The federal court then ordered the DHS to begin accepting new DACA applications again. U.S. Citizenship and Immigration Services (USCIS) administers the DACA program. USCIS has approved 1,334 initial DACA applications since the November 2020 ruling. So far, in 2021, USCIS has approved 1,163 new applicants.
Can a DACA recipient apply for citizenship?
The DACA program does not provide a pathway for Dreamers to become U.S. citizens or even legal permanent residents. In fact, there is no legal pathway for Dreamers to earn citizenship at all, despite 86 percent of American voters supporting giving Dreamers pathways to legal status.
Can DACA recipients go to Canada?
DACA applicants may not travel outside the United States until after their DACA request has been approved. 2. DACA applicants or recipients who travel outside the U.S. without being granted approval for travel will lose their DACA status.
How long is the DACA process 2021?
Form I-821D Processing Time Summary USCIS has a stated goal to processing DACA applications within 120 days, but this is far from reality. After filing your DACA application package, your I-821D processing time can take anywhere from 7 to 10 months.
Why is DACA 2021 taking so long?
Certain factors, such as new arrests or criminal convictions, will likely lead to a longer renewal request processing time. If you have been arrested or convicted since the last time you renewed your DACA, you should speak with an immigration legal expert before filing a renewal request.
Can I get a green card with DACA?
Can DACA Recipients Apply for a Green Card? Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you've entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement.
If you are a DACA recipient
As long as your DACA application was approved prior to July 16, 2021, your DACA is still valid.
If you have a DACA renewal application pending
This ruling does not affect you. You can keep renewing your DACA until we learn otherwise.
If you have an initial pending application
Unfortunately, this ruling means your application is on hold indefinitely because the USCIS is not permitted to approve any initial DACA applications and the accompanying work permit (Employment Authorization Document).
If you are eligible for DACA but you have not applied yet
If you were planning on applying to DACA for the first time, you can still submit your application but, as mentioned above, USCIS will not be able to process it while Judge Hanen’s ruling remains in place.
How this ruling affects you if you have Advance Parole
If you have advance parole (travel permit) through DACA, your advance parole is still valid.
Outstanding Questions
Currently, it is unknown if those who let their DACA status lapse for more than a year can reapply. In the past, USCIS said that individuals in that situation should file a new initial application.
What can I do?
Contact your local Senator or Congressperson. Tell them how this ruling affects you, the Dreamers, and why we need Congress to pass immigration reform to protect DACA applicants, Dreamers, and all undocumented immigrants.
How long does it take for a DACA renewal to be processed?
USCIS’ published goal is to process DACA renewal and related employment authorization requests within 120 days. If you file after the recommended filing period (meaning less than 120 days before your current period of DACA expires), there is an increased possibility that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request.”
Why did United We Dream launch the Notifica app?
They have updated it in response to the current period, because the Biden administration is still deporting people and Immigrant communities need to be prepared in case they face immigration agents. In response, UWD launched the next generation of the Notifica App ( you can download the app by texting NOTIFICA to 877-877 to get a link to your phone or visit the website here)
What is the Obama-Biden policy?
In 2012, the Obama-Biden Administration created the Deferred Action for Childhood Arrivals (DACA) policy, which has allowed hundreds of thousands of young immigrants to remain in the United States, to live, study, and work in our communities.
Does the court's order affect DACA recipients?
While the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future. The Department of Justice intends to appeal this decision in order to preserve and fortify DACA.
Is DACA a permanent solution?
And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future. But only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve.
What happened to DACA 2020?
Former President Donald Trump had sought to end DACA, but his effort was blocked in 2020 by the Supreme Court, which ruled 5-4 that his order to wind the program down was unlawfully “arbitrary and capricious.”.
What did the judge order Biden to stop?
A federal judge in southern Texas on Friday ordered the Biden administration to stop granting new applications to the Obama-era immigration program that shielded hundreds of thousands of young immigrants from deportation. The order declared that the Deferred Action for Childhood Arrivals program, known as DACA, ...
Is the deferred action for Childhood Arrivals program a violation of the law?
The order declared that the Deferred Action for Childhood Arrivals program, known as DACA, was “created in violation of the law and whose existence violates the law .”. But current recipients of DACA won’t immediately have their status pulled as a result of the order, the judge noted.