DACA Updates

USCIS Still Accepting Accepting DACA Renewals, but In Spite of Recent Federal Court Ruling, Not Accepting New Requests

Jessica Wallace

Immigration Attorney

Hispanic Alliance Legal Team Chair [email protected]

Sara Montero-Buria

Hispanic Alliance Director of Marketing and Communications

[email protected]

Greenville, SC, August 7th, 2018 – On Friday, August 3rd, Federal Court Judge John Bates, of the District of Columbia, ruled that the Trump administration must fully restore the DACA (Deferred Action for Childhood Arrivals) program. Bates gave the administration 20 days to comply and fully reopen DACA, or to file an appeal in court. This decision upheld Bates’ previous ruling in April that ordered the administration to again accept new DACA applications. At that time, Bates gave a 90-day grace period for the government to bring a better legal justification for its original plan to end the DACA program in the fall of 2017.

While this ruling is a strong positive statement for the legitimacy of the DACA program and its continuation, there are remaining hurdles for new DACA applicants. The 20-day period given by the judge is a deadline for reopening DACA, yet it is also a period during which the government can appeal the court’s decision, further delaying the ruling. In addition, there are several cases being brought by states such as Texas, seeking to end DACA entirely. Some will be brought in districts where the Federal Court Judges will be more likely to side with these states. This means that DACA applicants may need to be prepared to ride the waves of changing legal rulings for some time to come. The Hispanic Alliance is advised in these matters by experienced immigration attorneys and is committed to providing accurate information to the community. Please read our recommendations below, and do not hesitate to call our office with questions or requests for referrals at (864) 250-8968 and [email protected].

Important Facts and Points of Action:

  • USCIS is currently accepting DACA RENEWALS – continue to submit your renewal paperwork based on your deadline.
  • USCIS is NOT currently accepting new DACA applications – Do not pay any legal fees or application fees until it is clear that your application will be received.
  • New applicants should WAIT until Hispanic Alliance, or a reputable news source, indicates that USCIS will accept new applications – further information will be given after the 20-day deadline period, close to August 23rd, 2018.
  • If USCIS starts allowing new applicants, WATCH the Hispanic Alliance Facebook page (facebook.com/HispanicAllianceSC) for information on DACA Application and Renewal workshops with qualified volunteer attorneys to help the community!
  • If you are waiting to file a new application, COLLECT personal information so that you are prepared for future workshops. See the list of information on the USCIS page at the following link: uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca. Click “Filing Process” under the “Find on this Page” Menu for a useful chart and review the rest of the page for other important information. Keep in mind that some information on this page may become outdated. Be sure to consult an immigration attorney when you are able to apply.

The Hispanic Alliance continues to advocate for the rights of DACA recipients and for their stable and successful future in our country. We believe that the gifts and talents they offer are enriching our nation and our neighborhoods.

ABOUT THE HISPANIC ALLIANCE

As a convener and community axis point, the Hispanic Alliance is leading systemic change and building collective capacity to embrace and advance the growing Hispanic population. Its mission is to foster collaboration and connectivity among people, resources, and cultures to build thriving communities. To learn more visit HispanicAllianceSC.com

ABOUT HA’S LEGAL COMMUNITY TEAM

The Hispanic Alliance Legal Team is an anchor of information and empowerment for all immigrants as they aspire to be contributing members of the community. Our volunteer members, including our Chair and Vice Chair, give freely of their time and talents, compensated only by the satisfaction of fostering new citizens, sharing vital information, and protecting the community from fraud. The team creates and hosts the Hispanic Alliance Citizenship Workshop each fall and provides additional free screenings and workshops for DACA and other immigrant issues throughout the year, saving participants thousands in legal fees. Everyone with a passion for legal access is welcome to join us. To learn more, visit hispanicalliancesc.com/legal

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