On June 18, 2020 the Supreme Court blocked the Trump administration’s attempt to terminate DACA, and remanded the case for further consideration. While the decision does not permanently restore DACA, according to the decision USCIS must continue to process the following types of DACA requests:
People Who Currently Have DACA: Current DACA recipients can file a renewal DACA request.
People Whose DACA Expired One Year Ago or Less: Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
People Whose DACA Expired More Than One Year Ago: Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
People Whose DACA Was Terminated: DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.
Photo Credit: Photo by Harold Mendoza on Unsplash
In order to comply with the Court’s order, USCIS will have to publish guidance on processing the following applications that were suspended under prior court orders:
People Who Have Not Previously Been Granted DACA: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. As a result, USCIS should immediately publish guidance on processing new, initial DACA applications.
Advance Parole Requests: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. Because advance parole based on DACA was a part of the 2012 DACA program, USCIS should immediately publish guidance on processing advance parole applications filed by DACA recipients.
Several factors to consider when deciding whether to submit a new, initial DACA application before guidance is issued, include:
the possibility that the administration may issue a new memorandum rescinding DACA before an applicant receives a decision;
that – in the absence of guidance – USCIS officers will reject new, initial applications or accept them and deny them; and
that USCIS is experiencing significant delays in processing as well as a budget shortfall that may further delay adjudications. Given uncertainty surrounding DHS plans, and also given the state of travel during the COVID-19 pandemic, we do not recommend that individuals with DACA apply for advance parole until DHS weighs in on the issue.
If you, a family member, or a friend in Kentucky need further help with DACA concerns or if you have any immigration questions about your legal status please reach out to our immigration law office O'Brien Law Group in Louisville, Kentucky.
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