It has been 5 days since the Supreme Court ruled that the Trump Administration did not follow proper procedure in rescinding the DACA program (read the decision here). We expect the U.S. Department of Homeland Security (“DHS”) to provide guidance regarding the reinstated process for first-time and renewal DACA applications soon. However, so far, the U.S. Citizenship and Immigration Services (“USCIS”) has only issued a statement that the decision has no basis in law and delay’s the executive branch’s authority.
What we know:
USCIS will accept renewal requests and initial requests for anyone who has or previously had DACA.
Specifically, the following can apply for DACA now:
- Currently have DACA – may file a renewal request if DACA will expire in 180 days or less
- DACA expired a year ago or less – may still file a renewal request
- DACA expired over a year ago – may file for an initial DACA request
- DACA was terminated – may file for an initial DACA request
As the Supreme Court has ruled that DHS must maintain the DACA program until it is properly terminated, we hope DHS will provide guidance on the following:
- Procedure on how to apply for DACA for those who have never been granted DACA
- Procedure in processing advance paroles applications for DACA recipients
Presently, “USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.”