An Affiliate of the Justice For Our Neighbors Network
Update on Initial DACA Applications following the June 18, 2020 Supreme Court Decision
If you are considering applying for DACA for the first time with an initial application, it is critical that you consult with an immigration attorney
The June 18, 2020 Supreme Court decision requires U.S. Citizenship and Immigration Services (USCIS) to accept initial DACA applications unless and until the administration takes further steps to terminate DACA
However, USCIS appears to be rejecting initial DACA applications filed since the decision
If you choose to file an initial DACA application at this time, your application and filing fee will most likely be rejected and returned to you
But, if USCIS illegally rejects your initial DACA application, you may later be able to sue the agency and force them to adjudicate your application. This will be a complex, lengthy process that will require the assistance of an attorney and could involve appeals
Anyone who is eligible for initial DACA can begin gathering the supporting evidence listed below so you will be ready to file if and when USCIS begins accepting initial DACA applications
If you are determined to file an initial DACA application now, you should know that the filing will probably be rejected and returned to you. But, attempting to file now may give you the opportunity to force the agency to adjudicate your application through litigation in the future. If you are considering filing an initial DACA application, it is important to consult with an immigration attorney
Click here for more information for submitting an initial DACA application following the recent Supreme Court decision.
DACA stands for Deferred Action for Childhood Arrivals (DACA). On June 15, 2012, the Secretary of Homeland Security under the Obama administration announced that it would defer deportation for certain individuals who came to the United States as children. To be eligible, the requestor had to prove they:
Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching age 16;
Have continuously resided in the U.S. since June 15, 2007;
Were physically present in the U.S. on June 15, 2012, and at the time of making the 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.
This information is only for general informational purposes and does not constitute legal advice. Please consult with an immigration attorney regarding your case.