Update: October 5, 2022
DACA Updates FAQ, Immigrant Legal Resource Center
On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the Texas v United States case. In their decision, the Fifth Circuit agreed with Texas and found that the DACA policy is unlawful but sent the case back to the Southern District of Texas to consider the recently issued final DACA rule. The Fifth Circuit maintained the court order allowing those who are eligible to continue to renew their DACA and apply for advance parole while the case is pending. More changes and updates are expected around the DACA policy as we wait for a decision. This resource is a list of frequently asked questions to help community members navigate the changes to DACA.
To learn more details about the latest announcements and what they mean, check out the resources bellow. Please check back - we will update this page with new information.
- Weekly ILD DACA Updates and Drop In Zoom 10/18-11/1
Join and listen in on webinars hosted by Immigrant Legal Defense that cover the latest on DACA. In particular, more insights will be shared regarding the recent decision to extend the Texas District Court’s injunction on the Biden Administration’s Final Rule on the program, which is set to go into effect on 10/31. No registration is needed for the webinars, no attendees’ information will be shared, nor will the presentations be recorded to make certain as many people as possible are encouraged to listen in.
ILD DACA Updates and Drop In Zoom
Every week on Tue, until Nov 1, 2022:
Oct 18, 2022 12:00 PM PT
Oct 25, 2022 12:00 PM PT
Nov 1, 2022 12:00 PM PT
Join Zoom Meeting: https://us02web.zoom.us/j/84723327541?pwd=THpPYytvZWdGS0JvVVNxQytnem1PQT09
- Webinar Recording| Biden Administration New Rule on Deferred Action for Childhood
Arrivals (DACA) - September 14, 2022
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that will incorporate DACA into the Federal Regulations. Since its announcement, several questions have been raised around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This proposed rule for DACA will go into effect on October 31, 2022. This webinar explored the new rule and what happens next.
- What is the DACA Rule and how does it Impact me? - Immigrant Legal Resource Center,
In this resource you will find a few key points to keep in mind as you navigate access to DACA now
and when the rule goes into effect on October 31, 2022.
- CSU Statement on Department of Homeland Security DACA Regulations, August 30, 2022
The following statement can be attributed to CSU Interim Chancellor Jolene Koester:
“The recent action to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy comes as welcome news and a relief for many of the best, brightest and most dedicated students and employees of the California State University.
We commend the Biden-Harris Administration for their leadership on this critically important issue, and for their support of the thousands of Dreamers learning and working across the CSU, striving for a better life.
While this is a positive step, important work remains to be done. We are in agreement with the Administration that a swift legislative solution—one that is bipartisan and, most importantly, permanent—is still necessary to protect these current and future students and employees who make so many positive contributions to our institutions and communities."
- Analysis of the Texas DACA Ruling, July 28, 2021 (Webinar)
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)
- Community Alert: DACA Update - ILRC, July 16th, 2021(PDF)
"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."
- Preparing for the Future: Understanding the Rights and Options of DACA Recipients
- ILRC, February 7th, 2019
This toolkit provides information about the rights of DACA recipients as well as how allies can support DACA recipients during these challenging times.
- DACA Workers’ Rights Guide - ILRC, October 16th, 2020
This guide provides answers to common questions regarding the employment rights of DACA recipients.
Check out the resources bellow to learn about what is happening with TPS, who it impacts, and where beneficiaries can go to get support.
- What can I do if my DACA renewal is delayed?
- 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?
Students may be eligible to receive free assistance to cover their DACA application; please schedule an appointment with ILD by visiting our page.
- What are my worker rights as a DACA holder?
• Undocumented Worker Rights : Undocumented workers have employment rights! Legal Aid at Work offers free information online about specific areas of law related to employment. Free legal consultations are also available for qualifying Californians through the Worker's Right Clinic.
• DACA Workers' Rights Guide FAQ - By ILRC
Learn more about the latest updates with TPS, who it benefits, and what communities can do to get support.
- 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.
- Who is eligible for TPS?
Nationals of countries who are designated for TPS and that meet additional eligibility requirement. Current countries include: Afghanistan, Burma(Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, Yemen. Visit the USCIS website for more information about the requirements.
- 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?