On June 18, 2020, the Supreme Court concluded that the Department of Homeland Security improperly ended the DACA program in a 5-4 ruling. Besides determining that the case was under the Court’s jurisdiction, it also decided that President Trump’s termination of the program was in violation of the Administrative Procedural Act when he failed to give adequate justification for ending the program.
On July 28, 2020, The Trump administration and DHS issued a memo in response to the Supreme Court’s decision stating that DHS will now consider the future of DACA. Specifically, DHS will make the following changes to the DACA program immediately:
- Reject all initial requests for DACA and associated applications for Employment Authorization Documents;
- Reject new and pending requests for advanced parole absent exceptional circumstances; and,
- Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.
- The full memo can be accessed here.
For the past few years nearly 800,000 DACA recipients and their families have lived in a deep state of uncertainty. The ruling and new attempts to dismantle DACA come at a particularly challenging time as our country faces the COVID-19 pandemic. Not only is the DACA program highly popular among U.S. citizens but the fact is that over 200,000 DACA recipients are currently playing key roles as essential workers in the COVID-19 response efforts.
Below you will find additional resources to help DACA recipients, educators and other community advocates stay up to date with the latest developments on DACA. We will continue to update this page with new resources and information as they becomes available.
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Frequently Asked Questions:
(adapted from HomeisHere.us)
I thought we won at the Supreme Court! What happened? Can they do this?
We always knew our victory at the Supreme Court was temporary and that Trump would attack the program again. This memo will be challenged in the courts and we will keep fighting, but for now, it stands.
So what does this mean for current DACA recipients?
Current DACA recipients who have no renewals pending remain with the same status and their protections will expire as indicated on their work permits.
- If you are planning to apply to renew your DACA you definitely still can, the new memo states that your renewal will only be extended for one year, not two.
What does it mean for pending applications?
- Currently pending renewals will only be granted for 1 year instead of the previous two year period.
- Pending new DACA applications will be rejected
- Advance Parole requests will be rejected unless applicants can prove “exceptional circumstances”.
This is a direct attack on undocumented youth.
Make no mistake, this is a direct attack on undocumented youth and the first step to dismantling DACA altogether…
Join us and fight back!
Demand the Senate pass permanent protections that help people without hurting people, like the Dream and Promise Act (HR6) and defund the Deportation Machine by reducing the budget for ICE and CBP by sending an email to your senator. Visit homeishere.us/sendletter
Am I eligible for any other visa program/form of relief?
Many DACA recipients may be eligible for another immigration option to get a work permit or even a green card. Talk to an immigration services provider to understand your legal options and if you might be eligible for another immigration benefit.
What are my rights?
Every person, regardless of immigration status, has the right to: (1) not open the door to an immigration agent; (2) remain silent and not answer any questions; and (3) not sign anything without speaking to a lawyer. A printable red card can be presented to an ICE agent to help ensure no personal liberties are violated.
What can I do if I am undocumented and want to go to college?
There are many organizations, like the Dream Project, that are able to provide mentoring and scholarships to motivated students like you. If you are a Virginia high school student, consider signing up to our mentoring program.
More Information, Trusted Organizations and Resources
- United We Dream
- Home is Here
- Immigrant Legal Resource Center
- National Immigrant Law Center
- Informed Immigrant
FAQs on DACA Termination and Access to Higher Education
Presidents’ Alliance on Higher Education and Immigration
This document answers questions about how students can continue to access financial aid and employment opportunities regardless of their immigration status. This includes information on how states and institutions can ease the financial burden on undocumented students—and a list of states that already do.
Resource Bank for Immigrant Entrepreneurship, Higher Education, and Legal Aid
Immigrants Rising
This list of resources supports undocumented entrepreneurs, contractors, and freelancers – it includes documents on accessing benefits as an immigrant entrepreneur and guidance on navigating national policies and California-specific benefits. Particularly relevant is this document covering long-term immigration remedies for undocumented youth.
National Immigration Law Center, United We Dream, and Advancing Justice – ALC
This document helps DACA recipients navigate the legal implications of employment without DACA or with a work permit that may expire. In these challenging circumstances, it is important for employers and employees alike to navigate the legal obstacles for keeping DACA recipients employed.
Webinar on Income and Career Options for Undocumented Students
Presidents’ Alliance on Higher Education and Immigration, TheDream.Us, Immigrants Rising, Democracy at Work Institute
This webinar includes stories from undocumented professionals on how to advance your career regardless of immigration status, advice for undocumented students, and resources for educators.
