UPDATE – October 7, 2024
DACA Goes to the 5th Circuit Court (Again) — What Happens Now?
The future of the Deferred Action for Childhood Arrivals (DACA) program remains in limbo with another court hearing set for October 10. Judges from the Fifth U.S. Circuit Court of Appeals will hear arguments on the case, initiated in 2018 by Texas and other Republican-led states seeking to end DACA. A final decision by the court could take as long as 18 months. If the Fifth Circuit Court rules against DACA, it could then be appealed to the U.S. Supreme Court. If the Supreme Court decides to take the case, the court would likely hear arguments in the next two years.
Even if the Fifth Circuit Court rules against DACA, they will likely continue to allow for renewals until the case is resolved at the Supreme Court. DACA recipients should continue to apply for renewals 120-150 days before their current DACA expires. We encourage DACA recipients to continue looking into any new pathways that might have opened for them, such as the new Keeping Families Together Parole in Place program.
Until a decision is made by the court, below is the current status of DACA:
The Higher Education Legal Services (HELS) team will be watching closely for news of any decision after the October 10 hearing. When that happens, we will review the decision and provide you with any updates.
Know that you are not alone. HELS is part of a community of support for DACA recipients and their families. We stand with DREAMers and encourage you to empower yourself with good information. HELS is here for your immigration questions about your unique situation.
April 1, 2024
Recent changes to United States Citizenship and Immigration Services (USCIS) filing fees will impact Deferred Action for Childhood Arrivals (DACA) renewal applicants. These changes are part of an overall update, in some cases providing fee exemptions and fee waivers, for others an increase in fees.
As always, HELS can assist with the entire application process at no cost for our legal services. Currently, we also have funds for those who are students, staff or faculty of a California Community College that can cover the DACA Renewal and Employment Authorization Document fees.
September 15, 2023
On Thursday, September 13, 2023, Federal Court Judge Andrew Hanen, issued his decision regarding DACA. His ruling is that the DACA Program violates immigration law. However, the court did not order the Biden administration to shut down the DACA program or stop processing renewal applications. DACA was found unlawful, but this is not the end for DACA recipients.
The current status of DACA after this decision and until further notice:
If you are a DACA Recipient: You are still protected and you still can renew your DACA, though you may want to renew early for greater protection.
If your DACA status has been expired for one year or more: Your renewal will be treated like a new application, which are being accepted but are NOT being approved.
If you are DACA eligible but have not applied: Applications are being accepted but are NOT being approved.
If you are DACA eligible and have applied: Pending applications are still NOT being approved.
There is an opportunity for the Biden Administration to appeal to the 5 Circuit Court of Appeals within 30 days of the decision. Then it will go through another process of argument and decision. Depending on that outcome, it may be appealed to the Supreme Court after that. We do not know what this timeline will be.
Unfortunately, DACA has been weakened. What we know is that we need to have our voices heard. It was always supposed to be temporary, and a more permanent solution is needed.
Know that you are not alone. HELS is part of a community of support for DACA recipients and their families. We stand with DREAMers and encourage you to empower yourself with good information. HELS is here for your immigration questions about your unique situation.
It is critical that everyone who may be a DACA recipient, DACA eligible, or whose DACA application is pending have an individual consultation with a trusted immigration provider.
HELS is here to help.
June 1, 2023
DACA recipients continue to be protected and can still apply for Advance Parole
On June 1, 2023, a District Judge in Texas heard arguments about the Biden Administration’s DACA rule, enacted in October 2022. This is the same judge that made an unfavorable decision about DACA in July 2021, stating it is unconstitutional.
The decision of this Court may be announced soon, but the actual date is not known. After the decision is announced, either party may appeal the decision.
The Higher Education Legal Services (HELS) team is watching closely for news of any announcement or update. When that happens, we will review the decision and provide you with any updates.
What we DON’T KNOW yet
What we DO KNOW so far
Know that you are not alone. HELS is part of a community of support for DACA recipients and their families. HELS encourages anyone with immigration-related questions and concerns to schedule a free legal immigration consultation with our team or another trusted legal service provider to discuss case-specific questions and consider other forms of relief. HELS encourages our community to empower ourselves and others with trusted and accurate information. Students, staff, and faculty of Community Colleges and CSUs can make an appointment by going to www.jfssd.org/HELS or calling (858) 637-3345. Please leave a brief voice message with a callback number.
October 10, 2022
The Fifth Circuit Court of Appeals has made a new decision on DACA
On October 5th, the Fifth Circuit Court of Appeals upheld the State of Texas, et al., v. United States (2021) ruling that the 2012 DACA policy is unlawful, and sent the case challenging the DACA policy back to the district court that originally ruled to end DACA. The district court is now to rule on whether the Biden Administration’s new DACA rule, released August 30, 2022, is lawful.
The new DACA rule was published in the Code of Regulations by the Biden Administration to strengthen DACA protections from legal challenges as DACA would then be codified and no longer just a policy. This rule is due to go into effect on October 31, 2022. However, the district court will now decide on whether this rule is lawful. Given the Court of Appeals has asked the district court to review the rule as expeditiously as possible, the district court has scheduled a conference for the parties on October 14, 2022.
The Court of Appeals decision maintains existing protections for current DACA recipients and allows for renewals, but USCIS is still prevented from approving initial DACA requests.
Find official information from the US government here. Find a short handout that explains the new rule in simple terms from an immigrant rights organization here.
What Does the Fifth Circuit Court of Appeals Decision Mean?
If you are a DACA Recipient: You are still protected and you still can renew your DACA, though you may want to renew early for greater protection.
If your DACA status has been expired for one year or more: Your renewal will be treated like a new application, which are being accepted but are NOT being approved.
If you are DACA eligible but have not applied: Applications are being accepted but are NOT being approved.
If you are DACA eligible and have applied: Pending applications are still NOT being approved.
Advance Parole: Advance Parole (travel document) is still open to DACA recipients, but processing times can be lengthy. There is also a risk to traveling on Advance Parole as it is possible the DACA program may be ended while a recipient is outside the U.S.A. It is unclear whether they would be permitted to re-enter on Advance Parole if that were to happen. We strongly advise you to seek a consultation with us or another trusted legal provider before traveling on Advance Parole.
Do You Need to Renew? Do You Still Have Questions about Your Situation?
Be sure to renew your DACA application on time or early! We recommend always having a qualified organization or immigration attorney help you with your immigration applications and to schedule an appointment usually at least 7 months before your current status expires to review your case. You may also choose to renew as early as a year in advance because of this pending litigation. ALWAYS BE SURE TO RENEW BEFORE ONE YEAR HAS PASSED AFTER EXPIRATION. Remember, preparing your application takes time so be sure to contact a preparer with enough time to get the application mailed to U.S. Citizenship and Immigration Services on time.
If you are a student, staff or faculty in any local Community College, San Diego State* or CSU San Marcos*, go to our Higher Education Legal Services (HELS) page to schedule your appointment or call 858-637-3345. Any community college student, staff or faculty in California can use findyourally.com to access free immigration legal services.
Anyone else who needs to renew DACA or wants information on DACA eligibility or any immigration legal question can schedule an appointment with Jewish Family Service of San Diego Immigration Legal Services Department by emailing [email protected] or calling (858) 637-3365.
*Immediate family members of SDSU and CSUSM are also eligible for HELS services. Alumni who have graduated in the past 2 years from SDSU and CSU San Marcos are eligible for services as well.
What does the new DACA rule Say?
The new DACA rule largely maintains the DACA program as it was created in a memo under the Obama Administration with the same eligibility criteria. It does NOT create any new eligibility, and does NOT have any effect on those who have filed initial DACA applications that are pending OR on those who are eligible but have never filed for DACA. Their applications will still not be approved pending the outcome of litigation. In other words, there is no change in the law because of this rule. The rule was published on August 30. If the district court rules it is lawful, it will go into effect 60 days after its publication, on October 31, 2022.
July 19, 2021
On July 16, 2021, a federal judge in Texas issued a harmful decision against DACA and a corresponding order directing the current fate of DACA. The main issue in the case was whether DACA was lawfully created in 2012. It is the first time a court has reviewed and decided on that issue alone. The judge decided against DACA, deciding that DACA, as created in 2012, is unlawful. Below, we have provided our current assessment of what the decision means for:
Please do not fear, the Attorney General of the United States has made a promise to continue to find and advocate for permanent solutions to protect Dreamers and has indicated that removal enforcement (deportation) will not be implemented against Dreamers who otherwise are not a priority for removal (a priority for removal means a person who is deemed a threat against the U.S. community or has certain serious criminal history who does not have a defense to removal). This means the current Executive Administration of the United States is in support of Dreamers, but it will be up to Congress to make a legislative permanent solution.
As well, this is our affirmation to you that we, Jewish Family Service of San Diego, stand with all Dreamers and their families, and all estimated 11 million undocumented immigrants who consider the United States to be their home. We will continue to advocate for a permanent solution for Dreamers and their families and all undocumented immigrants.
Please check back frequently as more information regarding the decision and additional protection for Dreamers will be posted here.
Show your support. Visit our DACA Toolkit to discover ready-to-use Zoom images, social media images, and more.
(1) What does the decision mean for those who currently have DACA, granted on or before July 16, 2021?
For anyone who currently has DACA, your status is not affected. For the duration of your DACA status (during the dates indicated on your valid work permit), you may continue to work lawfully provided you continue to meet the minimum requirements of DACA.
Remember, to meet the minimum requirements of DACA, you must prove that you entered the United States before the age of 16; have been continuously present in the United States since July 2007; did not have lawful status on June 15, 2012; have not departed the United States since June 2012; have graduated high school or are currently in school or have been honorably discharged from the military or Coast Guard; and have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.
If you currently have DACA and are concerned about your DACA status, please schedule a consultation with Jewish Family Service’s Immigration Services Department (contact information below) and we can help you understand any concern you may have.
(2) What does the decision mean for those who need to renew their DACA status because it is close to expiration?
For anyone who has ever been approved DACA status and seeks to renew their status, the government will continue to accept your application and, if you still meet the minimum requirements of DACA (see requirements above), your application may be approved.
If you currently have DACA and are concerned about your DACA status, please schedule a consultation with Jewish Family Service’s Immigration Services Department (contact information below) and we can help you understand any concern you may have.
(3) What does the decision mean for those who have previously held DACA but it expired over a year before they apply to renew it?
For all those who have previously held DACA, even if it expired over a year before a renewal application is submitted, as long as you continue to meet the requirements for DACA set out above, you can still apply for DACA and the application can still be decided.
(4) What does the decision mean for those who have submitted their first-ever application for DACA but have not received a decision on that application?
For all those whose first application for DACA is currently pending, the decision affects the ability of U.S. Citizenship and Immigration Services (USCIS – the agency that reviews the applications) to review the application. At this time, please follow instructions from USCIS, posted to its website here, regarding any biometrics requests on pending initial DACA applications.
(5) What does the decision mean for those who are eligible for DACA but have not yet submitted an application?
For all who qualify to apply for DACA but have not yet submitted a first-time application, the decision does not prevent you from filing an application if USCIS (the agency that reviews immigration applications) accepts it. We are still currently waiting on more information from that agency. Check the USCIS website here frequently for more information.
Important Note: while you may be able to submit a first-time DACA application if USCIS accepts it, the government cannot make a decision on the application until there is a further order by a court or a new law deciding what to do with those applications. There are risks and benefits associated with filing an application that at this time cannot be decided so please consult with someone from the Jewish Family Service of San Diego Immigration Services Department or a reputable immigration attorney or other organization.
(6) What does the decision mean for Advance Parole under DACA?
If you currently have DACA, you can still request advance parole for humanitarian, education or employment purposes and it can still be approved. USCIS clarified this in a statement on July 19, 2021. If you have a question or concern about advance parole, to seek assistance applying for advance parole, or to find out about the risks of travelling on advance parole, please schedule a consultation with Jewish Family Service’s Immigration Services Department (contact information below).
DACA ASSISTANCE INFORMATION
We want you to know the JFS Immigration Services Department continues to be available to assist and support you and our community. Please, feel free to contact our legal team with any concerns or questions.
Remember, if you are a DACA recipient and within 150 days of expiration of your work permit it is recommended you apply for renewal. We can help you reapply.
To reach us:
Note on privacy:
While we encourage an open discussion about DACA to provide those affected by decisions relating to DACA with a safe space in which they can be heard and supported, allies must remember the importance of confidentiality when assisting someone who is undocumented or DACAmented. For that reason, if someone confides in you about their immigration status or the status of a family member, do not share their information, unless you have received express consent to do.
