DREAMers Renew DACA NOW

| Pres. Trump Requests Supreme Court Review, Tues Jan 16, 2018

| Due to last week’s federal court order, USCIS now has resumed accepting DACA renewal applications. If you have been granted Deferred Action for Childhood Arrivals (“DACA”) previously and your work permit is expired or about to expire, we encourage you to contact us about renewing ASAP.

→ Please note that first-time DACA applications and requests for advance parole will NOT be accepted.

For more information, please see go to: https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction

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Jan 2018 DACA Injunction History

From http://thehill.com/homenews/administration/368938-trump-admin-resumes-accepting-daca-applications

U.S. District Judge William Alsup issued a preliminary injunction this week blocking President Trump’s decision to end the DACA program, which granted temporary reprieve from deportation to hundreds of thousands of such immigrants; often called “Dreamers.”

“Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA,” USCIS said in an update posted online Saturday.

“Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017,” the update said.

In his order on Tuesday, U.S. District Judge Alsup said that the Trump administration’s move to rescind DACA was done without following the proper legal procedures, and that the federal government would have to “maintain the DACA program on a nationwide basis” while legal challenges play out in court.

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction

Versión en español

Jan. 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF). USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.

If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.

Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion. DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF).

Additional information will be forthcoming.

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