All We Know About DACA & What's Next
The Supreme Court on Thursday (June 18, 2020) ruled against the ending of Deferred Action for Childhood Arrivals (DACA). This program protects hundreds of thousands of immigrants brought to the U.S. as children from deportation. The decision is a massive victory for immigrant communities, restores the program completely, and allows USCIS to accept both initial and renewal applications.
Although the Court sided with DACA recipients, it is important to remember that this decision is limited to how the Department of Homeland Security (DHS) ended DACA in 2017 and “whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” The Court found that DHS failed to provide a reasonable explanation for ending DACA at this time. It is still unsure of how DHS will choose to proceed in the future.
Current DACA recipients continue to be protected from deportation and eligible for benefits under the DACA program, like work authorization. If you never had DACA and are eligible, you should be able to apply at this time since the Supreme Court’s decision allows now first time requests. DACA should be fully reinstated, and DHS will need to reopen the DACA policy for new applications from now on. However, this may not happen immediately.
In the meantime, if you already have DACA and would like to renew, you should be able to submit an application to renew DACA for two more years with no waiting time. If you have DACA and would like to, I apply for Advance Parole, you may have to wait. Advance Parole is a document that allows you to return to the U.S. after traveling outside. The Supreme Court concluded that DACA was terminated unlawfully, which means it is possible that Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this possibility are still unclear, and the potential impact of the COVID-19 pandemic may limit travel ability.
Further, DHS still needs to reopen the DACA policy for advance parole requests consistent with the Supreme Court decision. For now, USCIS is currently not accepting advance parole applications through DACA. If you need legal advice to apply for DACA for the first time, renew DACA cases, and explore options beyond DACA please contact us. We are happy to provide you with free initial consultation.
The Law Office of Nicholas J. Mireles is an experienced Los Angeles based U.S. Immigration law firm that has been practicing immigration law since 2013. Our background makes us uniquely well suited to help you with any issue relating to your immigration status.
Law Office of Nicholas J. Mireles, APC
411 West 7th St. Ste 310 - Los Angeles, CA 90014