We just heard the news – The Trump administration is dismantling DACA as we know it. They are once again putting the lives of DACA recipients in threat of jailing and deportation. As our country is dealing with spikes in COVID-19 cases, they are choosing to increase fear and uncertainty for immigrant families.
Now, more than ever, we must unite and take action and make our voices heard against the Trump Administration’s Deportation Force.
The U.S. Supreme Court decision, followed by the order from the 4th Circuit’s mandate on June 30, required that USCIS restore the Deferred Action for Childhood Arrivals (“DACA”) program, including that USCIS again process initial DACA requests and advance parole applications. However, on July 28, 2020, over a month after the Supreme Court’s decision, DHS issued a new memorandum limiting the DACA program. The memorandum requires USCIS to (1) reject all initial DACA requests, (2) reject advance parole requests from DACA recipients unless there are “exceptional circumstances,” and (3) continue accepting and processing DACA renewal requests but shift to providing DACA and work authorization for a 1-year period, rather than 2 years, for any DACA renewal request granted.
The answers to the following Frequently Asked Questions are based on the information we have now and will be updated as we learn more. This is all general guidance and is not intended to be legal advice. We recommend that you speak to an immigration attorney for more information.
If you have DACA, the 2020 DHS memorandum will not affect your current DACA and work permit. Your DACA and work permit will remain valid until their expiration date. If your work authorization with a 2-year grant needs to be replaced, you will receive a replacement work permit with the same expiration date. The next time you apply for renewal, if your DACA is approved, your new DACA grant and work permit will be valid for 1 year rather than 2 years.