US Immigration News

How Does the DACA Decision Affect the Dreamers?

2.45 minute read
"The latest attempt by the Trump administration to shut down the Deferred Action for Childhood Arrivals (DACA) was shut down by the Supreme Court of the United States (SCOTUS). It was ruled that the Department of Homeland Security can not proceed with its attempt to shut down the program and it will live to see another day."
Written by My Visa Source Team
Published on:  Jul 2, 2021
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The latest attempt by the Trump administration to shut down the Deferred Action for Childhood Arrivals (DACA) was shut down by the Supreme Court of the United States (SCOTUS). It was ruled that the Department of Homeland Security can not proceed with its attempt to shut down the program and it will live to see another day. 

The DACA program was launched by the Obama Administration in 2012 to protect thousands of undocumented children who were brought by their parents to the US. This program protects them from being deported and provides them with renewable work authorizations. According to the US Citizenship and Immigration Service (USCIS), there are nearly 650,000 DACA recipients in the US. 

While the Supreme Court protected the complete shutdown of the program, nothing was done to prevent the administration’s attempt to wind down the program’s capacity. Since the Trump administration failed to provide enough justification to end the program, it will continue for the time being. This was a short-term solution given the election in November 2020, where the Biden Administration won.

What Are DACA Renewals?

Since lower courts had already ruled in favor of the program, DACA recipients were able to renew their 2-year grants of deferred action. If the DACA recipients fail to renew their protection, then they could accrue time as unlawful presence and lose work authorization and deportation protection. 

To renew their DACA protections, applicants are required to submit the DACA renewal package at least 90 days but no more than 150 days before their current protection expires. 

The following documents are submitted along with the renewal application:

  • A cover letter
  • DACA renewal fee
  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals
  • I-765, Application for Employment Authorization
  • I-765 worksheet
  • 2 passport size photographs
  • Copy of previous authorization of employment document

Based on your case, you may be required to submit additional documents and information.

What About the Initial DACA Applications?

Since the SCOTUS has ruled in favor of the program, the USCIS will start accepting initial applications for DACA from eligible applicants. You will be required to submit all the required documents to prove your eligibility. It is best to work with an immigration lawyer to prepare your application extensively and to avoid any mistakes that might lead to denial.

DACA recipients are also eligible to apply for an advance parole travel document which allows them to make temporary trips abroad for humanitarian, educational or employment purposes. This document allows them to reenter the US legally. It is not immediately clear if this service has also been resumed after the recent ruling. However, it is best to contact an immigration attorney to clear any doubts.

What Is the Future of DACA?

Many DACA recipients have now grown up and have integrated into the US society as students and some have even served in the US military. They are contributing to the US society and economy by performing services and paying taxes. There is no doubt that they are most certainly American, being grown up here.

Most DACA recipients don’t even remember their home country or know about their culture since they were brought here so early in their lives. This makes “going home” impractical.

Therefore, the Biden Administration plans to fix that and start accepting new DACA applications. His administration will also ensure that DACA applicants are eligible for federal student aid and are able access community college without debt and invest in HBCU/Hispanic Serving Institution/Minority Serving Institutions.

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