DACA Renewal GuidelinesBY: FRANK MARTINEZ, ASSOCIATE GENERAL COUNSEL, OFFICE OF THE VICE PRESIDENT AND GENERAL COUNSEL

Federal Court Allows for DACA Renewals

u A federal judge in Northern District of California granted a preliminary injunction and provided for provisional relief based upon a motion filed by the University of California and several other Plaintiffs to restore DACA.

u At issue was whether the Department of Homeland Security (DHS) acted lawfully in rescinding DACA.

u In granting the injunction, the court found that the rescission was based on a flawed legal premise regarding DHS’s authority to implement DACA and the government’s litigation risk argument was an after-the-fact justification that the court deemed to be arbitrary and capricious.

u The Court also found that the University would suffer losses from the considerable investments it made in recruiting students and staff and found it was in the public interest to keep DACA in place.

u In addition, the Court stated that "Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States."

What’s the Future of DACA

u The injunction has been appealed to the 9th Circuit for immediate review.

u The government has already asked the U.S. Supreme Court to review the federal judge’s ruling. It is doubtful the U.S. Supreme Court will review the decision and wait for the case to make its way to the court during the appeal process.

u This is a very limited time period (as short as one or two weeks) to renew DACA and should be done IMMEDIATELY.

u Several bills are pending in Congress that would grant DACA recipients conditional permanent resident status for several years before granting permanent residency and eventual citizenship.

Who Can File a DACA renewal?

u Never Had DACA: USCIS will not accept DACA requests from individuals who have not previously been granted DACA. The court decision states that applications from individuals who have never applied for DACA “need not be processed.”

u Currently Have DACA: Current DACA recipients are eligible to renew by filing Form I-821D, Form I-765 (employment authorization) and Form I-765 Worksheet with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the form instructions.

u You should file for renewal within 150 to 120 in advance of the expiration of your current DACA grant. The form instructions stated that USCIS “may” reject a renewal application that is filed more than 150 days in advance of the expiration. However, the DACA FAQs also noted that requests received more than 150 days in advance will be accepted, but could result in overlap between the applicants’ current DACA and their renewal DACA. Clarification is being sought from USCIS.

Who Can File a DACA Renewal?

u DACA Expired On or After September 5, 2017: USCIS’s guidance states that recipients whose previous DACA expired on or after September 5, 2017, may still file a renewal request. USCIS asks applicants to list the date their prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

u DACA Expired Before September 5, 2017: USCIS’s guidance states that recipients whose previous DACA expired before September 5, 2017, cannot request DACA as a renewal, but may file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. Applicants are instructed to list the date their prior DACA expired on Part 1 of the Form I-821D, if available.

Who Can File a DACA Renewal?

u DACA Was Previously Terminated: DACA recipients who previous DACA was terminated at any point cannot request DACA as a renewal, but may file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. These applicants are instructed to list the date their prior DACA was terminated on Part 1 of the Form I-821D, if available.

u Advance Parole: USCIS will not accept or approve advance parole (travel permit) requests from DACA recipients. The court decision stated that applications for advance parole based on DACA do not have to be processed at this time.

u Do not travel outside the United States. If you do, you will be denied re-entry.

Request for Assistance

u The DACA @ IU website has a list of immigration attorneys throughout the state of Indiana that will assist you in the application process for free or at reduced cost.

u You can also contact Frank Martinez at (317) 274-7455 or frmarti@iu.edu to respond to questions or review forms already completed.

Questions and Answers

u What if my status expires in March? In August? Should I apply for renewal now?

u Students should apply within 120 days but not before 150 days of the date of DACA expiration. For example as of Tuesday, Jan. 23, the 150-day mark is June 22.

u Can certain DACA students travel outside the United States?

u No. DACA students should not travel outside the United States – they will be denied re-entry.

u Is there a set end date regarding a student’s ability to renew?

u There is no set date. We don’t know when it will change, but it will change, pending further court action.

u Will something definitely happen by March 5? (phase out date for DACA to end)

u We don’t know. It could end if Congress does not act on pending legislation – that’s always a possibility. Here at IU, we are preparing for the worst-case scenario.

u Is there financial assistance for application fees?

u We are not aware of any groups providing financial assistance. If we are made aware of any assistance, we will post the information to the DACA site.

Students posed these questions during the January 22 DACA Townhall. We provide the answers as given in the session.