DACA Receives Temporary Injunction – Updated 1/15/18

/, Immigration, Paths to Opportunity/DACA Receives Temporary Injunction – Updated 1/15/18

DACA Receives Temporary Injunction – Updated 1/15/18

Updated January 15, 2018

The government agency, USCIS, announced this weekend (January 13) that it is complying with last week’s order by a U.S. District Court judge by reopening the process for individuals to renew DACA.  Here are key points for the public to know:

  • If your DACA expired on or after 5, 2016 or if you currently have DACA:  You can apply to renew it now.  We strongly recommend filing for renewal as soon as possible, because the judge’s decision is subject to reversal by other courts.  Even if your DACA will not expire in less than six months, you may wish to consider renewing, because your DACA can nevertheless be extended for two years from the time that your renewal application would be approved.  You would not get a full extra two years from the end of your current DACA period, but you could extend your time.
  • If you previously had DACA, but it expired before September 5, 2016 or was terminated:  You can apply for DACA again but must do so as an initial applicant.  The government web pages below describe this procedure.
  • If you never previously had DACA:  Unfortunately, USCIS is not accepting first-time DACA applications. Do not apply at this time.
  • Advance parole:  USCIS is not currently accepting applications for Advance Parole (permission for DACA holders to travel outside of the US for humanitarian, employment, or educational reasons).  Do not apply for DACA-based Advance Parole at this time.
  • The judge’s order will almost certainly be appealed and other courts may change the result.  We cannot currently predict how long this window to renew DACA may be available.  If you qualify, we urge you to renew immediately.  However, if you have been arrested or have any significant criminal history (that is, something other than speeding or other minor traffic tickets – note: DUI’s are not minor) since your first received DACA, please consult with either our office or a licensed immigration attorney before submitting a DACA renewal application.
  • Our office will prioritize our staff time to assist young people to renew their DACA, but as a small office, we have limited resources.  Please contact our office at 719-866-6515 or immigration@ccharitiescc.org to schedule an appointment with one of our Department of Justice–accredited immigration counselors to renew your DACA.  We will do our best to help you as quickly as we can, but if you are capable of renewing on your own, please do not hesitate to do so.
  • The current uncertain status of DACA only reinforces the need for Congress to pass the DREAM Act, a legislative fix to permanently empower the nearly 800,000 young people previously granted DACA to fully contribute to our community without the uncertainty of constantly-changing government policies.  The DREAM Act would also reassure and strengthen their employers, schools, and families.  We at Catholic Charities of Central Colorado will continue to advocate for this sensible reform to our immigration laws.

We will update the information on this website as soon as possible if anything changes, but the following two webpages from USCIS are the best source of up-to-date information and for access to the forms and instructions to apply for DACA renewal:

https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction

https://www.uscis.gov/i-821d


Posted January 10, 2018

A U.S. District Court judge in California issued an order on Tuesday, 1/9, requiring the immigration agency, USCIS, to resume accepting applications for DACA renewal.  The judge’s order applies nationwide.  Here are the key points that the public should know:

  • There has not yet been an announcement from USCIS that it will indeed comply with the judge’s order and begin accepting applications.  Its website still currently indicates that they are not accepting renewal applications.  Until USCIS issues guidance and reopens the process, do not attempt to renew your DACA as of the time of this posting.  USCIS could act at any time to reopen the process, however.
  • We urge those individuals who currently have DACA to begin gathering documentation such as their previous approval notices and copies of previous applications, their current or most recent DACA employment authorization card, and the $495 government filing fee, so that they can be prepared to quickly apply to renew if and when the process reopens.
  • The judge’s order only required USCIS to again start processing renewal applications, not initial applications.  This order does not require USCIS to accept new first-time applications.
  • The judge’s order will almost certainly be appealed and other courts may change the result.  We cannot currently predict exactly when the process to renew DACA may reopen nor how long it will be open.
  • The current uncertain status of DACA only reinforces the need for Congress to pass the DREAM Act, a legislative fix to permanently empower the nearly 800,000 young people previously granted DACA to fully contribute to our community without the uncertainty of constantly-changing government policies.  The DREAM Act would also reassure and strengthen their employers, schools, and families.  We at Catholic Charities of Central Colorado will continue to advocate for this sensible reform to our laws.
  • We will update this information as frequently as possible in the coming days and weeks.  For the most current information, refer to the USCIS website at:  https://www.uscis.gov
2018-04-13T08:23:07+00:00 January 10th, 2018|Agency News, Immigration, Paths to Opportunity|

Contact Info

228 North Cascade Ave, Colorado Springs, CO 80903

Phone: (719) 636-2345

Fax: (719) 636-1216