Latest Developments in

Immigration Law

DACA Update

On July 16, 2021, Federal District Court Judge Andrew Hanen in TX ruled DACA is not legal because DACA was created illegally. Can you imagine??!! The ruling is being appealed.

What Does Judge Hanen’s Decision Mean for DACA/Dreamers? **

For DACA recipients as of July 16, 2021:

· If you have DACA now, it is still valid.

· If you have a DACA renewal application pending, you can keep renewing until further notice.

· If you have a pending initial DACA application, there is an indefinite freeze on that application.

· If you are eligible for DACA but haven’t applied yet, USCIS can accept your application but can’t process it. See Batalla Vidal v. Wolf, 501 F. Supp. 3d 117 (E.D.N.Y. 2020).

· If you have advance parole through DACA, it is still valid.

· If you have DACA and a pending advance parole application, USCIS will still process it. For a good Q&A from United We Dream, see this article (https://unitedwedream.org/2021/07/guidance-for-daca-recipients-and-legal-practitioners-frequently-asked-questions/)

Open Questions

It is unclear whether people who let their DACA status lapse for more than a year can reapply. In the past, USCIS stated that individuals in that situation should file a new initial application.

It is unclear whether DACA recipients who travel on advance parole will be allowed to re-enter the United States upon their return. They should be allowed to re-enter, just as most DACA recipients in the past successfully re-entered the United States, but we don’t have case examples yet.

It is unclear whether USCIS will cancel biometric appointments for initial DACA applicants, although anecdotal evidence suggests USCIS is doing that.

We don’t know what will happen if a person’s DACA status expires while a renewal application is pending.

** Sincere thanks to the American Immigration Lawyers Association for providing this DACA information and Open Questions. AILA is the national association of more than 15,000 attorneys and law professors who practice and teach immigration law.

San Mateo Immigration Lawyer Serving San Francisco Bay Area