The Supreme Court Decision on DACA is Out. Here is What You Need To Know.

  • Frequently Asked Questions

    Frequently Asked Questions about the Supreme Court’s DACA Decision.

    Here's what you need to know.

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Top 5 Things You Should Know

Find out exactly what the Supreme Court Decision includes and what it means for you.

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The Latest on DACA

Post-Supreme Court Decision DACA Guidance

The following guidance is based on the latest information we have and we will be updating this guidance as we learn more.

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Take Action

Demand DHS and USCIS Accept First Time DACA Applications

While the Supreme Court has indicated that new applications MUST be accepted, we cannot know for sure whether DHS will accept new applications until they release guidance and make an announcement.

Until DHS releases guidance, applications are not officially open.

Send a Letter

Protection Against Deportation

Know your power

Since Donald Trump took office, he has increased the attacks against immigrants. All of us, especially after the Supreme Court decision, need to learn how to be protected from deportation.

It takes that we all learn our rights and learn how to be protected. Visit the deportation defense hub to learn more and have access to deportation defense tools!

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Mental and Emotional Wellness

Resilience in difficult times

We are facing multiple crises but that doesn't mean that we have to live in crisis mode at all times. It’s important to breathe, slow down, rest, and know that you are loved in order to make the best decisions possible.

Our UndocuHealth team can guide you through practices to keep your body, mind and spirit healthy. Check out the page now to learn more.

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Educators and Administrators

How your school can show up for this moment

Are you an educator or administrator that works with people who have DACA? We have made an information hub that is COVID-19 conscious. Go to the resource to learn ways that you can help people directly impacted in your school this moment.

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BE PREPARED WITH NOTIFICA

Your strategy against deportation

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Pep Talks From Our Fam! 👏🏽

No one knows resilience and hope better than our immigrant family members. Many have had to draw upon wells of ancestral courage and spirit to weather tough times.

We love our immigrant fam, and they love us. If you’re feeling down because of the Supreme Court decision, click below to hear some of the wise words from some immigrant parents and grandparents!

And don’t forget to check out our UndocuHealth hub for even more resilience practices you can do on your own.

Get it together!

👏🏽

Tough love, a staple of the immigrant childhood.

We have your back.

👏🏽

Sometimes you just need to know things’ll be alright.

It’s in the stars~

👏🏽

For that parent that watched a little too much Walter Mercado.

We have our faith.

👏🏽

When the going gets tough, faith can bring peace.

We’ll put up a fight!

👏🏽

Rest up. Our people are counting on us to keep going!

Frequently Asked Questions

What was the decision?

The Supreme Court decided (5-4) it had the authority to review the case on DACA and declared that the way Trump ended the program was reckless and unreasonable.

What does that mean?

This means DACA survives for now. 

The Court ordered DHS to revert the program to its original state as it was issued in 2012, in which it established first-time applications and even Advance Parole. 

Now the Department of Homeland Security (DHS) has to issue guidance on how first-time applications and how advance parole will be processed.

Does this mean I can send in a first time application?

DHS has not put out guidance on how to do that just yet. What is clear now is that USCIS is still accepting renewal applications. Those who are still eligible and have received DACA protections should consider applying to renew even if their most recent DACA has expired. Those still in the program should continue to renew their status whenever possible. Here’s our Renewal Guide. UWD will update you as soon as we find out that first time applications are open again!

We encourage you to use this time to ensure you are eligible to apply by consulting with a trusted lawyer or legal representative and to gather the documentation you will need to complete your application, as that might be difficult.

Does this mean I can apply for Advance Parole?

Not yet. Just like first time DACA applications, DHS still has yet to issue guidance on how Advance Parole applications will be processed. Stay tuned with us, we will update you as soon as Advance Parole is back! Bookmark our website IsAdvanceParoleBack.com where you can check in real time if the program is available yet.

What information do I need to know before applying for the first time?

Always consult with a trusted lawyer or legal representative before making the decision to apply. Find some useful resources from our partners below:

UWD’s legal services directory.

AILA’s Immigration lawyer’s search directory.

National Immigration Legal Services Directory

Beware of any lawyer who is promising certain results and quick action on your application.

Set time aside to prepare your application and have it reviewed by a trusted lawyer or legal representative before sending it in.

What risks do I need to consider before sending in a first-time application?

While this decision directs USCIS to continue to process renewal applications and that they must resume processing new DACA applications, you may want to await further guidance or confirmation from DHS before applying initially. 

Before you make the decision, consider these risks:

• We do not know what will happen to your application once USCIS receives it or what will happen to the $495 application fee. We will keep you updated as we learn more.

• Do consider the recent finding that ICE has access to shared databases that contain DACA recipients and their families’ information. While there is no evidence ICE has used this database, it is yet another risk factor to consider when applying.

How can we make sure DHS starts accepting first-time applications again?

We have a petition to pressure them into following through! Let’s demand that USCIS follow the Court’s order and resume processing first time applications and requests for advance parole because until they do the program won’t be fully back! Join our campaign by sending an email to DHS demanding they issue guidance HERE.

How do I know if I am eligible to apply for DACA for the first time?

You may request DACA if you check ALL these criteria (from the  USCIS website):

• Were under the age of 31 as of June 15, 2012;

• Came to the United States before reaching your 16th birthday;

• Have continuously resided in the United States since June 15, 2007, up to the present time;

• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

• Had no lawful status on June 15, 2012;

• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

• You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order.

Where can I get financial assistance to pay for my application fee?

If you need financial support in applying, be it for your first time or for a renewal, know that you can visit our resources page to find legal and financial assistance.

If you can support those who have the ability to renew, you can donate to our fund at www.dacarenewalfund.com.

How would applying for DACA affect my chances of adjusting my status?

Always contact a trusted lawyer or legal representative to go over your personal case. In general, DACA allows you to stop accruing unlawful presence, which counts against an adjustment case, so applying and receiving DACA should be a positive factor in it.

Could applying for DACA count against me with the new Public Charge rule?

The only way applying for DACA might affect you would be if you requested a fee waiver, which would count against you in the future. But it is good to remember, this new rule might not be there forever, and you should weigh the need for protection from deportation now against your other needs.

Did the Supreme Court say that DACA was unlawful? 

The Supreme Court made no comment on the lawfulness of DACA, in fact they explicitly said they did not want to comment on it and that their decision was only about the way Trump ended the program. It was about administrative rules not the program itself. Two of the judges on the losing side said in their dissent they considered the program unlawful, but their dissent is not the majority opinion -- therefore it is not law. So DACA is still lawful.

Can Trump end DACA again?

Since the Court only ruled on the administrative process, Trump is free to try and end the program again, but he would have to prove he is taking into consideration all consequences of ending the program and not doing it recklessly again. Additionally, if he were to put out another memo ending the program, we would challenge it again in courts and that process would restart, hopefully keeping the program alive once again.

Is there legislation that would fix DACA forever?

Yes! The Dream and Promise Act(HR6) was passed in the House in Congress last year and we should demand that the Senate vote and pass it as well! It includes a pathway to citizenship for DACA eligible immigrants, TPS holders and DED recipients without giving more money to enforcement. It’s a good example of a policy that helps people without hurting people. But it is important to remember it would not include the vast majority of undocumented immigrants and we would need to continue to fight for our families, friends and communities. That includes fighting to abolish the deportation machine by demanding Congress cut funding to ICE and CBP. JOIN US!