The Importance of Renewing DACA Now

It is no longer possible to apply for DACA if you have not already been granted DACA.  You can, however, apply to renew your DACA status if you have been granted DACA in the past.  Even if you currently have DACA, and even if your current DACA status is valid until late 2020, you should consider applying to renew DACA now.

Here’s why.

The Trump Administration has been trying to end the DACA program.  DACA, or Deferred Action for Childhood Arrivals, was begun by President Obama in 2012 as a way to provide protection against removal, and employment authorization, for certain people who entered the United States before age 16 and who either have a high school degree or are studying for a high school or GED degree.

The U.S.  Supreme Court has agreed to hear arguments in case that will decide whether the DACA program survives, or whether it is ended completely.  The case is scheduled to be argued at the Supreme Court on November 12, 2019.  After the argument, the Supreme Court will consider the case, and eventually will issue a decision.  We don’t know when the Supreme Court will issue the decision, but we are almost certain that the decision will be announced between December 2019 and June 2020.

We don’t know how the Supreme Court will rule on the case.  We believe, however, that there is a significant possibility that the Supreme Court’s decision will end the DACA program.

If the Supreme Court’s decision ends the DACA program, the next question is:  What happens to the people who currently have DACA?  The answer is, We don’t know.  But we hope that the U.S.  government will allow those who currently have DACA to keep their DACA status until the expiration of their employment authorization cards.

So, what is the point of applying now to renew DACA?

If you apply now to renew DACA, before the Supreme Court issues a decision that could end the DACA program, then your application might be approved, and we hope that you would at least be able to have your renewed DACA status through the expiration of your new employment authorization card.

In other words, applying now to renew DACA might give you the opportunity to have DACA status for a bit more time.

Again, we don’t know what the Supreme Court’s decision will be, and we don’t know how the Supreme Court’s decision will affect persons who currently have DACA.  But we think it’s a good idea for you to consider applying to renew DACA now, while you still can.

DREAM Announcement – Don’t Be Fooled

On June 15, 2012, the U.S. Department of Homeland Security announced that it would grant “Deferred Action” for certain people in the United States.

If U.S. Government officials are not in the process of trying to deport you, and if U.S. Government officials have never ordered your deportation in the past, then at this time you are NOT yet eligible to make any applications for anything related to this announcement.

Don’t be fooled by people offering you a green card, work authorization, or any other immigration benefit due to the recent announcement by the U.S. Government!

If the U.S. Government is not trying to deport you at this time, then you will need to wait until government officials create an application process, which will probably be in the month of August 2012.

If U.S. Government officials are in the process of trying to deport you at this time, then you should contact a knowledgeable and ethical immigration lawyer to determine if you might be eligible for the new procedures.

You might be eligible for “Deferred Action” if you meet all of the following:

  • You entered the United States before you turned age 16
  • You are now under age 31
  • You have lived in the United States for at least 5 years as of June 15, 2012
  • You are enrolled in school now, OR you graduated from high school, OR you have a GED, OR you have been honorably discharged from the Armed Forces
  • You have not been convicted of a felony, you have not been convicted of a “significant” misdemeanor, and you have not been convicted of more than 3 misdemeanors
  • You do not pose a threat to national security of public safety

You should speak with a knowledgeable and ethical immigration lawyer about your own particular immigration matter.

U.S. announces Deferred Action for some DREAMers

From the U.S. Department of Homeland Security:

WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

Eloquent commentary on the benefits of the DREAM Act

Emily Rosenbaum has written a thoughtful piece about the DREAM Act at the Columbia University Teachers College website.

Ms. Rosenbaum carefully reviews arguments for and against the legislation, taking into consideration a variety of issues, including, perhaps most importantly, the compelling need of undocumented immigrants to be adequately educated so that they may contribute to our nation.

Ms. Rosenbaum’s commentary is available here.

New York Times profiles DREAM Act Advocate

The New York Times has published a compelling profile of Isabel Castillo, a 26-year-old woman who was brought to the United States illegally when she was 6 years old.

Ms. Castillo graduated from college with a perfect 4.0 grade point average.  Despite her talents, achievements, and her 20 years in the United States, Ms. Castillo has no legal status in the United States.

The DREAM Act, a bill that remains pending in Congress, would have given legal status and a chance for citizenship to Ms. Castillo and others like her – people who were brought to the United States illegally at a young age who then attend college or serve in the U.S. military.

You can find the article here.

Opinion: Pass the DREAM Act

AFL-CIO President Richard Trumka and undocumented DREAM-Act eligible youth Gaby Pacheco present compelling arguments for the DREAM Act, a bill in Congress that, if passed, would allow certain persons who were brought to the United States unlawfully at a young age to get on a path to legalization if they attend college or serve in the U.S. military.

Trumka and Pacheco outline some of the most important reasons why the DREAM Act should be passed.  Please read their opinion piece here.