DACA/TPS

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• Deferred Action for Childhood Arrivals (DACA) 
• DACA FAQ
• Temporary Protective Status (TPS) FAQ

Deferred Action for Childhood Arrivals (DACA) 

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)

View the recording here
Access the PowerPoint presentation here

DACA Frequently Asked Questions by USCIS

DACA FAQ

• 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. 

    DACA Update 7/16/21

• 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? 

  • Those whose DACA renewal is delayed should connect with an immigration attorney to get support with their case right away. 

    Learn more about the steps to take if your DACA renewal is delayed

• What are the qualifications for first-time applicants?
  • 1. You must have been under the age of 31 as of June 15, 2012;
    2. Must have arrived to the United States before reaching your 16th birthday;
    3. Have continuously resided in the United States since June 15, 2007, up to the present time;
    4. 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;
    5. Had no lawful status on June 15, 2012;
    6. 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
    7. 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. 

    Additional resources:

    • Consideration of Deferred Action for Childhood Arrivals (USCIS Home Page)

    • How Do I Request Consideration of Deferred Action for Childhood Arrivals? (Chinese [pdf], Tagalog [pdf], Vietnamese [pdf], Korean [pdf], Spanish [pdf])

• 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.

    Additional resources:

    • 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 Parole? 

  • 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?

  • DACA Workers' Rights Guide FAQ - By ILRC

    Learn more about Undocumented Worker Rights at Legal Aid at Work 

Temporary Protective Status (TPS) FAQ

• 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? 

  • Read the most recent update on the current status of the TPS program:

    • About Temporary Protected Status - USCIS Website

    • TPS Update After the Supreme Court Decision by ILRC (July 13, 2021)

• What are my worker rights as a TPS holder?

  • • Workers With Temporary Protected Status Protect Your Right To Work

    • Temporary Protected Status: What Workers Need to Know

• Where can I receive legal help in regards to my TPS status or  Advance Parole? 

  • 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.