The Status of DACA in 2021
On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” In the Court’s order, it stated the following about the DACA program:
The Department of Homeland Security (DHS) may continue to accept applications but may NOT grant applications until further order from the Court, 5th Circuit Court of Appeals, or U.S. Supreme Court.
DACA renewals can still be accepted but the future is unclear.
DHS can NOT unilaterally take away the DACA status of a recipient in good standing.
The status of the DACA program is developing. It is important to consult with an experienced immigration attorney about your options before applying for DACA.
Current as of August 9, 2021
What is DACA?
Deferred Action for Childhood Arrivals or DACA is a form of immigration benefit available to certain young people who were brought to the U.S. as children and did not intend to violate U.S. immigration laws.
Please Note: The U.S. government is currently working on immigration reform. Matters concerning DACA are frequently changing. It is important to consult an experienced immigration attorney regarding your specific circumstances.
DACA Eligibility
To be eligible for DACA, an applicant must satisfy all of the following requirements:
Came to the United States under the age of 16
Continuously resided in the United States for at least 5 years preceding June 15, 2012
Present in the U.S. on June 15, 2012
Not born before June 15, 1981
No lawful immigration status on June 15, 2012
Graduate of an accredited U.S. high school or G.E.D. program (or currently enrolled).
No felony or significant misdemeanor convictions or 3 or more non-significant misdemeanor convictions.
Benefits of Deferred Action?
While DACA does not lead to a green card or citizenship, DACA confers several immigration benefits, including the following:
Lawful Presence for 2 years (not lawful status)
Employment Authorization for 2 years
Social Security Number
Driver's License or State ID
Travel Outside of the U.S. in Limited Circumstances
Frequently Asked about the DACA Program
Q.Why is USCIS not accepting New DACA Applications?
A. A federal court determined that the DACA program is “illegal”.The federal court determined DACA violated the Administrative Procedure Act, which dictates what procedures agencies must go through to implement certain policies. This will not be the last word on the DACA program.
The Court did not immediately strike down the program in its entirety, the Court put some aspects of its decision on hold for the time being, as the case continues to be litigated and so the government can consider making changes to the program.
Q. Can current DACA recipients still apply?
Yes. Current DACA recipients or individuals that need to renew their DACA status CAN STILL APPLY. The future of the DACA program is uncertain, so it is highly recommended to renew within 6 months of expiry of your DACA card.
Q. Must I be a high school graduate to apply for DACA?
A. No. You can be currently enrolled in school-- this includes a GED program, community college, even an English as a Second Language (ESL) course.
Do not count yourself out! Contact our office at (832) 328-7877 TODAY to discuss educational requirements.
Q. Why would I want to travel internationally with DACA?
A. Some DACA recipients entered without permission from the government. This illegal entry has stopped many people from applying for a green card in the United States. (A lawful entry to the United States is required to obtain a permanent resident card in the United States)
Traveling abroad (with proper permission from the government, of course) and returning can be considered a legal entry. This legal entry removes the barrier many face to obtaining a green card in the U.S.
Q. What is Advanced Parole?
Advanced parole is permission from the U.S. government to travel abroad. A DACA recipient is only allowed to travel in limited circumstances (i.e. a sick relative, study abroad program, work-related training, etc.) The government requires quite a bit of proof when considering the advanced parole applications.
Q. Can I just travel internationally and ask for permission later?
A. Absolutely not. You must obtain permission to travel abroad first. Traveling internationally without proper permission and attempting to reenter the United States can result in serious negative immigration consequences.
Q. What other immigration options are still available other than DACA?
Immigration options are HIGHLY specific. It is important to consult with an experienced immigration attorney about YOUR specific immigration options. There are several options for dreamers, including Parole in Place, applying for permanent residence in the United States, applying for green card in their country of citizenship, asylum, visas for domestic violence victims and victims of crime, and more.
To discuss your specific immigration options, contact our office at (832) 328-7877 or visit our website at www.hollandimmigrationlaw.com to schedule an initial consultation.
Houston DACA Attorney
Deferred Action or DACA is an amazing opportunity for a young person who has resided in the U.S. for the majority of his or her life to lawfully reside, work, and go to school in the U.S.
DACA is a discretionary form of relief and is not automatically granted to everyone that applies. As a result, it is important to consult an experienced DACA and immigration attorney to discuss your immigration status and legal options.
Tatiauna Holland of the Holland Law Firm, PLLC is an experienced immigration attorney. She has obtained favorable results with DACA applications and other forms of immigration relief, including green card, naturalization and citizenship, work authorization, and more.
Contact Tatiauna Holland for a confidential review of your case at (832) 328-7877. The Holland Law Firm, PLLC proudly serves clients throughout Greater Houston, including Houston, Sugar Land, Conroe, the Woodlands, and surrounding areas.