4 important things to know about DACA coming back

Jan 18, 2021

4 important things to know about DACA coming back.

On December 07, 2020, U.S. Citizenship and Immigration Services (USCIS) made an announcement that, pursuant to a U.S. district court’s decision on Battala Vidal, et al . v. Wolf, et al, 16-CV-4756 (NGG)(VMS) (E.D.N.Y), it would immediately reinstate DACA as a form of relief, effectively returning this program to its pre-2017 injunction state.

Rightly so, this is a cause for great celebration. Young undocumented immigrants who were brought to this country by their parents have been facing existential blockades to their dreams and aspirations. This change in the DACA program’s status means an open doorway to financial independence, freedom to pursue higher education, and, most importantly, peace of mind in a turbulent political atmosphere. In addition, while the DACA status itself is not a legal status, per say, it can provide a powerful tool which could one day help DACA recipients have legal status.

So what does this mean for DACA qualifying immigrants?

1. USCIS will be accepting new DACA applications from those who never filed for the relief before. 
  • Up until this announcement by USCIS, it had only been accepting renewal applications from those who filed for DACA during the brief window for which it was in effect (2012-2017). 
  • Now, any qualifying young immigrant who did not file a DACA application during that period can do so.
  • It is important to note that the Trump administration has by no means shown any sign of relenting in its fight against this form of relief so it is important to consult with an attorney immediately so as to submit an application now! 
2. Advance Parole in its original form is now again available 
  • Advanced Parole is a way to travel outside of the country and be admitted back into the United States. This can be a powerful tool in future forms of relief if one qualifies. If a person currently has DACA status, they should contact their attorney about whether they qualify for Advance Parole. 
3. Anyone who received a one-year renewal of their DACA status will now have the status extended to two years.
  • The previous one year limit to a DACA renewal is now back to two years. However, it is important that a DACA status recipient always keep a lookout to changes in the policy by keeping in regular contact with their attorney. 
4. A continuation of DACA renewals
  • Those who were lucky enough to apply for DACA status during its pre-injunction can continue renewing their status. However, it is encouraged that they speak to their attorney regarding Advance Parole.  
The message should be spread far and wide, and fast. Email it, Text it, Shout it from the mountaintops, “DACA IS BACK!”  


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