USCIS Accepting New DACA Applications for First-Time since 2017
In 2017 the Trump Administration announced the end of the Consideration for Deferred Action of Childhood Arrivals program or the DACA program, as it is most commonly called.
Initially, USCIS stopped accepting new DACA applications or initial requests. USCIS continued to accept two-year renews for DACA recipients whose status would expire within 6 months of September 2017.
This means that people whose DACA status expired more than 6 months after June 2017 would eventually fall out of status.
After additional litigation, a federal court ordered that USCIS must accept renewal DACA applications indefinitely until a lawful solution was reached. However, initial DACA applications or new DACA requests were not being accepted.
On June 18, 2020 the Supreme Court of the United States ruled that the Department of Homeland Security's recission of the DACA program was “arbitrary and capricious” and violated the Fifth Amendment of the U.S. Constitution. Read the full Supreme Court decision here.
The Supreme Court essentially ordered that the DACA program be fully implemented again. This means that the Department of Homeland Security, specifically USCIS, must begain accepting DACA renewals and first-time DACA requests.
For more information on who qualifies for an initial DACA application or DACA renewal, visit our page “Immigration Options for Dreamers”.
USCIS Rejects DACA Applications After Supreme Court Decision
The Supreme Court ordered DHS to begin accepting new, first-time DACA applications more than a month ago; however, first-time applicants have been receiving rejection notices.
Rejection notices have stated the following:
“USCIS is no longer accepting initial requests for Consideration of Deferred Action for Childhood Arrivals (Form I-821D) and accompanying applications for Employment Authorization (Form I-765) and Form I-765 Worksheets (I-765WS) from individuals who have never been granted deferred action under DACA.”
These notices were confusing the public and detering qualified individuals from applying for the program. These rejections are in direct violation of the Supreme Court decision.
USCIS Must Now Accept First-Time Applications for Dreamers in Texas
A federal court ordered on Friday, June 17, 2020 that DACA must be restored to its pre-September 5, 2017 status. This means USCIS should begin accepting applications from individuals that never had DACA previously and renewal requests.
USCIS has still not issued an official statement or policy regarding accepting new applications. We are particularly interested in whether USCIS will resume accepting advance parole requests, which would allow a DACA recipient to lawfully return to the United States after temporary foreign travel.
Houston Attorney for New DACA Applications
Determining whether you are eligible for DACA is a fact-intensive process. If you are a student, recent graduate, GED recipient, or potential dreamer, let's work together to make sure all of the proper evidence is submitted and increase your chances for a DACA approval.
The Holland Law Firm, PLLC is a full-service immigration law firm that handles immigration matters, including citizenship, permanent residence, deportation defense, and more.
Tatiauna Holland, managing attorney of the Holland Law Firm, PLLC, is an experienced immigration attorney, who has successfully represented DACA recipients in Houston, Texas and throughout the United States.
Contact our office at (832) 328-7877 or visit our website www.hollandimmigrationlaw.com for DACA eligibility evaluation. You can also schedule an appointment online by clicking “Schedule an Appointment”.
Due to COVID19 concerns, our office is offering meetings by video conference and secure, minimal contact application signings.
Resources:
Department of Homeland Security Et. Al. v. Regents of the University of California
NPR-Houston Public Media: Despite Supreme Court's Ruling On DACA, Trump Administration Rejects New Applicants
CBS News: Judge Orders Trump Administration to Fully Reinstate DACA Program and Allow New Applications
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