Is My DACA Status Still Valid?

 In DACA

Is my DACA Status still valid?

Short answer:

Yes, it is valid and as of now DACA recipients can continue to renew their DACA status. However, USCIS (United States Citizenship Immigration Services) will not accept new DACA applications and current DACA recipients are no longer eligible for Advance Parole.

Is my DACA Status still valid?

Longer Explanation:

One June 15, 2012 The Deferred Action for Childhood Arrivals (DACA) Program was announced. The program allows certain individuals who came to the U.S as children to request deferred action from deportation and can be eligible for work authorization. Today there are around 700,000 active DACA recipients in the U.S. On September 05, 2017 the Trump administration terminated the Obama-era DACA program causing political controversy across the nation. The Trump administrations’ actions were challenged in Federal courts in San Francisco, New York, Washington D.C, and Texas.

On January 09, 2018 in San Francisco the first federal judge ordered to keep DACA in place and ordered USCIS to accept DACA renewals. The order however, did not reinstate new DACA applications or Advance Parole. This case is currently on appeal.

On January 13, 2018 USCIS began accepting DACA renewals again. Currently, anyone who has or has had DACA can continue to renew their DACA status. However, USCIS is not accepting new DACA applications or applications for Advance Parole (previously DACA recipients were eligible for Advance Parole, which would allow them to temporarily visit countries outside the United States and come back).

In February 2018 a New York Federal judge also ruled in conjunction with the San Francisco Federal judge and ordered DACA renewals be reinstated. While in April 2018 a D.C Federal judge ruled that the DACA program as a whole must be reinstated in its entirety including new applications and advance parole. However, this part of the decision was stayed while on appeal, but the government was still ordered to accept DACA renewals.

The latest Federal judge on August 31,2018 in Texas also ordered DACA renewals to continue, but opened the possibility of the states to challenge the DACA program if they could prevail on proving why the program should end. The Federal judge allowed the State 21 days to file an “interlocutory appeal.” If the State prevails, the case will ultimately be appealed to the Circuit Court of Appeals.

Is My DACA Status Still Valid?

Unfortunately, this pending litigation causes uncertainty for DACA recipients and they are forced to sit and wait until the DACA program’s fate is finally determined.

As of now, current DACA recipients should consider speaking to an immigration attorney to discuss when is the best time to renew their DACA status and other alternatives.

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