Analysis of the Texas DACA Ruling Presentation
(Wednesday, July 28, 2021) The webinar provides a legal analysis of the Texas decision; what it means for the future of DACA; the practical impacts of the decision on current DACA recipients, DACA-eligible students, and campuses; its implications for the ongoing negotiations in Congress regarding a roadmap to citizenship; the response of and next steps for the Department of Homeland Security (DHS); and the opportunities and urgency for advocacy by higher education leaders and communities. (video)
Speakers: Veronica Garcia, Staff Attorney, Immigrant Legal Resource Center (ILRC)
DACA Frequently Asked Questions by USCIS
- What is the current status of the DACA program?
On July 16, 2021, a Federal Court Judge in Texas issued a decision declaring the DACA program unlawful. A current injunction prevents USCIS from processing new applications.
- What does the latest decision mean for current or former DACA recipients?
• Individuals who received DACA before July 16, 2021 can keep their permit;
• Individuals can continue to renew their DACA
- What does the latest decision mean for first time applicants?
First-time DACA applications are on hold. The current decision allows USCIS to receive initial applications but blocks the review and approval of any new DACA case. Therefore anyone with pending first-time DACA applications will not be granted at this time.
- What can I do if my DACA renewal is delayed?
- What are the qualifications for first-time applicants?
- You must have been under the age of 31 as of June 15, 2012;
- Must have arrived to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
- Can DACA holders travel abroad?
DACA holders may be able to receive Advance Parole, which is an administrative procedure that grants qualifying DACA holders with an approval to travel abroad for "exceptional circumstances".
“Exceptional circumstances” include:
• Humanitarian - Example: Travel to obtain life-sustaining medical treatment that is not otherwise available in the U.S., attend funeral services for a family member, or visit a sick or elderly relative.
• Educational - Example: semester abroad programs or academic research
• Employment - Example- overseas assignments, interviews, conferences, training, or meetings for work.
• USCIS determines whether or not to grant advance parole to an individual on a case-by-case basis. Additionally, advance parole does not guarantee re-entry to the U.S..
We encourage students to meet with an immigration attorney in order to learn more about their options.
• Advance Parole for DACA Recipients (Immigrant Legal Resource Center)
• Form I-131, Application for Travel Document (USCIS Home Page)
CAUTION: DACA applicants should NOT travel outside the U.S. until after their DACA request has been approved. DACA recipients that travel outside the U.S on or after Aug. 15, 2012, without advance parole, will have their deferred action terminated.
- Where can I receive legal help with submitting a DACA application/ renewal or Advance
SJSU students, staff, faculty, and their immediate family members can schedule a FREE appointment with an immigration attorney from Immigrant Legal Defense (ILD) to receive free legal help with their DACA application.
SJSU community members can schedule an appointment with ILD by filling out the intake found under our Legal Services page.
- Are there resources that assist with the DACA application fee?
Enrolled SJSU students are eligible to receive a FREE grant to cover the $495 cost of their Deferred Action and Childhood Arrival (DACA) application form.
To qualify students must:
• Must be an enrolled student at SJSU; AND
• Provide confirmation that you submitted your application (renewal or first time); OR
• Proof that your application is due for renewal within 150 days of your initial request.
Fill out the DACA Fee Assistance Request Form
- What are my worker rights as a DACA holder?
- What is TPS?
TPS is a designated to nationals certain countries that have been "affected by armed conflict or natural disasters". TPS allows recipients to work and live in the country for a period of time.
- What is the current status of TPS?
- What are my worker rights as a TPS holder?
- Where can I receive legal help in regards to my TPS status or Advance Parole?