CURRENT STATUS OF DACA
**Page last updated 7/29/2020**
New information from July 28 Memo
On June 18, 2020, in a 5-4 ruling, the U.S. Supreme Court declared that the Trump Administration was not legally authorized to terminate DACA in 2017. However, on July 28, 2020 the Trump Administration launched another attack on our undocumented communities and responded to this decision by announcing that it would continue to allow renewal applications under the program but for a shorter time period and would not accept any new initial application. Northwest Immigrant Rights Project has created this advisory that goes into detail about what this decision means and answers many questions you may have, read it here in English and español.
The top updates are:
- CURRENT DACA RECIPIENTS (OR HAVE HAD IT IN THE PAST)
- If your current DACA status and work permit expire in 2020 (or early 2021) or have already expired, we recommend that you consider filing a renewal of your DACA status. However, if your renewal application is approved it will only be valid for one year, not two as it was previously.
- If your current work permit is valid for a two-year period, it will not be affected.
- NEVER APPLIED FOR DACA PROGRAM, BUT MAY QUALIFY
- Current advice is that you do not move forward with an inital application as the Administration has said they will reject them. However, you can continue to gather documentation that you have lived in the U.S. since June 2007 in case an opportunity to apply becomes available in the future.
- Continue to seek legal advice on your status and next steps.
The document shared by NWIRP has more answers to specific questions such as if you are in removal proceeding, planing to travel outside U.S., if you are currently working, etc. Please read the advisory for more information.
Have specific questions? Contact us at firstname.lastname@example.org and put "DACA Question" in the subject line - we will try our best to connect you to what you need.
FREE VIRTUAL DACA RENEWAL CLINICS
Northwest Immigrant Rights Project (NWIRP) is holding a series of FREE DACA renewal clinics for folks whose work permit expires between 6 months and 1 year from now. Call 1-855-313-7326 to RSVP for one of these upcoming clinics.
FREE LEGAL CLINICS AND CONSULTATIONS
If you are a current or a former DACA recipient, a DACA eligible person, or someone without status who wants to explore legal immigration options, sign up for this FREE legal clinic where you’ll have the opportunity to consult with an immigration attorney for FREE. They can review your DACA renewal application before you submit or you can be screened for possible forms of immigration relief and discuss your immigration situation.
Virtual Legal Clinic (DACA and immigration relief)
Monday, August 31, 4-7 PM
• King County Bar Association (KCBA)
• American Immigration Lawyers Association Washington Chapter (AILA-WA)
• Office of Immigrant and Refugee Affairs (OIRA)
King County Bar Association and the Washington Chapter of the American Immigration Lawyers Association (AILA) are providing FREE legal clinics to DACA recipients.
You can sign up for a free 45 to 60-minute online consultation with an AILA attorney to:
- Be screened for potential forms of immigration relief and get your questions answered, or
- Review your completed DACA renewal application packet before you submit.
Online clinic dates are full for July, they plan to open new dates in September, stay tuned!
If you can renew, it is recommended you do so as soon as possible!
- Seattle: El Centro de la Raza is helping cover the cost of renewals and can help with the process if you live, work, or go to school in Seattle.
- Washington State: Northwest Immigrant Rights Project is looking into remote free consultations at Wenatchee, Granger and Seattle offices. Cannot cover fee, but can help through the process for free. Still call to see if individual appointment is available or if clinics are open.
- If you are a current Washington State University student (Global or any campus) you have access to free legal assistance and DACA renewal fees support of $250. Application website: Bit.ly/WSUDACA
ORDERS OF REMOVAL:
Have you ever been(or are not sure) in removal proceedings?
Call the court: 1-800-898-7180 (will need A#) - NOTE: A# for DACA may not be the same as A# for court - if you have a “Notice to Appear” (NTA), it will be there, or on any court documents or ICE check in documents.
Prior Orders of Removal:
- Get legal advice right away (lawyer list in resources below)
- Get a copy of your file from prior/current attorney or through the Freedom of Information Act (FOIA) ASAP
- Make a safety plan with family (resources below)
Takes time, do not procrastinate!
Removal but not ordered deported:
- May have “administrative closure” of case (taken off judge’s calendar) but judge still has jurisdiction
- DHS may move to re-calendar these cases
- Contact prior/current attorney and prepare defense to future removal proceedings ASAP
- FOIA if needed and start planning now
- Make a safety plan with family (resources below)
Never been in removal proceedings:
- You COULD end up in removal proceedings depending on how DHS will terminate program.
- Get legal advice ASAP. Ask for opportunities for other protections such as an adjustment of status through a family member.
- Make a safety plan with family (in resources below)
IF YOU HAVE NEVER HAD DACA, BUT WANT TO APPLY:
- As of June 27th, if you have not had DACA in the past, you still cannot apply. DHS must create a process for new applicants. Follow this link for updates on what DHS decides to do.
- If you are considering whether to apply for it for the first time, we recommend that you consult with an immigration attorney or an accredited representative as soon as possible before you decide whether to apply. The immigration attorney or accredited representative will be able to give you an individualized assessment of the benefits and risks of filing for DACA.
Find a list of legal resources below.
HOW TO's & OTHER INFO
Here are some how-to guides as well as other information you may want to be aware of.