New Resource:

Traveling with Advance Parole: A Guide for DACA Recipients 

Created by Informed Immigrant

DACA Update July 2021

On July 16, 2021, a Federal District Court judge in Texas issued a ruling in Texas v. U.S. declaring DACA unlawful, which, effective immediately, means that USCIS is blocked from approving any new DACA applications.

It is important to note that even though new applications will no longer be approved, current DACA recipients are still covered, and renewals will continue to move forward.

This ruling is a major blow that is causing fear and confusion in the DACA community —a community of youth, their families, friends, coworkers and neighbors traumatized by the back and forth decisions that have an impact on determining the fate of undocumented youth.

This decision makes it even more urgent for Congress to pass a pathway to citizenship for youth who have been protected by DACA, and all undocumented immigrants, many of whom are essential workers who have carried the burden of the pandemic on their shoulders, as healthcare workers, farmworkers feeding the country, and many other jobs that we rely on for our health and safety. 

Advocacy works! When we flood Congress and the White House with our demands for policy change, we have seen a positive response. Call your Congressional Representatives and Senator and tell them: they must act now to protect immigrant youth and all undocumented migrants and refugees. 

• Go here to search for contact information for your Congressional Representative
• Go here to search for contact information for your Senators

The following resources are useful for understanding what happened and actions that can be taken:

• United We Dream Factsheet 

• ILRC Community Alert: DACA Update

• Supportiing DACA Recipients, Emerson Collective

PREVIOUS BIDEN ADMINISTRATION ACTIONS ON DACA

On January 20, 2021, on President Biden’s first day in office, he issued an executive memorandum to reinstate and preserve Deferred Action for Childhood Arrivals program. For the immigrant community that has been under assault for the past 4 years, this was a moment to celebrate and a welcome change in the administration’s commitment to protecting immigrant youth.

Meanwhile, immigrant rights advocates are pushing for more inclusive and durable protections. There are efforts to push for both piecemeal legislation, individual bills addressing specific immigration policies, and a more sweeping and comprehensive bill that will cover all bases and give relief to all 11 million undocumented people in the US.

The Dream and Promise Act (HR6) passed in the House in March that would give DACA and DACA eligible individuals access to a pathway to citizenship. While on the surface this is good news, looking at the fine print there are broad criminal bars and secondary review processes that mirror the deep-rooted racial bias of the criminal justice system, effectively blocking youth of color, who have been targeted by racist policing, from the possibility of ever regularizing their status. For those that would qualify under this program, the proposed ten-year conditional status would subject applicants to years of negotiating a permanent residency through administrative procedures, appeals of denial, and even removal orders. This bill assumes the continued political will of the executive, congressional and judicial branches of government beyond the current administration’s time in office. Dreamers and TPS holders should be regularized unconditionally and expeditiously. They have the right to remain in this country, where they belong. The bill moves to the Senate, where we and others will push for a removal of these concerning provisions.

The introduction of the Citizenship Act of 2021 in both the House and the Senate on February 18, 2021, signals an effort to propose a more comprehensive legislative fix to the immigration system, including DACA, TPS and a path to regularization for all 11 million undocumented migrants and refugees. We will continue to monitor the language and progress of each of these bills and push for inclusive language and an adherence to human rights, civil rights and labor rights protections for all migrant communities.

DACA renewals under Biden — DHS memo: MAY 10, 2021

“While processing times can vary, filing as early as possible will minimize the possibility that the current period of DACA and employment authorization will expire before U.S. Citizenship and Immigration Services (USCIS) adjudicates the renewal request. USCIS’ published goal is to process DACA renewal and related employment authorization requests within 120 days. If you file after the recommended filing period (meaning less than 120 days before your current period of DACA expires), there is an increased possibility that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request.”