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DACA General Information & Resources

Current DACA Updates

IMPORTANT NOTE FOR DACA RENEWALS: USCIS has increased filing fees, and this increase will have an impact on DACA renewals. As of April 1, 2024, the fee for renewing DACA will increase as follows:

If USCIS will receive your DACA Renewal on April 1, 2024 or after, make sure you submit the correct filing fee.

On September 13, 2023, federal district court Judge Andrew Hanen issued yet another decision in Texas v. U.S., this time ruling that the 2022 DACA rule, like the 2012 DACA memo, is unlawful, but stayed the existing protections for current DACA recipients. In other words, there is no immediate change to the DACA program.

The important takeaway is that if you have current DACA status, your DACA status remains valid, and you can continue to work and renew your status while anticipated legal processes play out. If you previously had DACA status and your status expired less than one year ago, you also remain eligible to apply for renewal. If you let your DACA status expire past the one-year grace period, you will not be able to renew your DACA at this time. Advance Parole (permission to travel abroad) continues to be available for current DACA recipients for educational, employment and humanitarian reasons.

Further litigation is expected. All DACA recipients are encouraged to seek legal and/or financial assistance as necessary to keep their DACA status current as legal processes continue to play out. NWIRP offers free monthly clinics to assist Washington State residents with their renewals. You can obtain more information about our clinics and register by visiting our DACA Portal at https://nwirp.org/daca/clinics/

Prior Critical DACA Updates

October 31, 2022: The final DACA rule went into effect, establishing formal DACA regulations. The new DACA rule is subject to the ruling by the 5th Circuit Court of Appeals, meaning that existing protections for current DACA recipients remain in place. In other words, if you have DACA status (or your DACA status has been expired for less than one year) you can continue to renew your DACA.

On October 5, 2022, the 5th Circuit Court of Appeals upheld the July 2021 decision of the federal district court in Texas (Texas v. U.S.) ruling that the DACA program is unlawful, but stayed the existing protections for current DACA recipients and remanded the case back to the district court to review the final DACA rule published on August 30, 2022. The final DACA rule goes into effect on October 31, 2022, establishing formal DACA regulations. However, it is likely that the new DACA rule will also be blocked by the district court.

The important message after the 5th Circuit's ruling is that if you have current DACA status, your DACA status remains valid, and you can continue to work and renew your status while anticipated legal processes play out. If you previously had DACA status and your status expired less than one year ago, you also remain eligible to apply for renewal. The ruling did not impact advance parole (travel permissions) for current DACA recipients and DHS is still accepting requests for advance parole.

Read our most recent community advisory. Please continue to check our website and Facebook page for updates as we process the court’s decision.

Lea nuestro aviso para la comunidad. Favor de continuar chequeando nuestro sitio web y nuestra página Facebook para más detalles mientras que consideramos el impacto de la decisión de la corte.

On July 16, 2021, federal district court Judge Andrew Hanen issued his decision in Texas v. U.S. The case had been brought by Texas and a number of other states challenging the validity of the DACA program. The district court ruled that the DACA program is unlawful, but put part of its decision on hold. The important message from this ruling is that if you have current DACA status, your DACA status remains valid, and you can continue to work and to renew your status while anticipated legal processes play out. For people eligible for DACA but who have not already been approved under the program, the court’s decision prohibits DHS from approving any new DACA applications.

Additional court actions are expected based on the July 16 decision.

On July 17, 2021, President Biden issued a statement that the “Department of Justice intends to appeal this decision in order to preserve and fortify DACA,” and called on Congress to act. You can read the statement here.

On July 27, 2021, USCIS guidance, which clarifies how the agency will implement the court’s decision, was updated. Of note:

USCIS will only make decisions on Renewal DACA applications. USCIS has concluded that this means only renewals filed where the application was either:

If your DACA status expired more than a year ago, USCIS considers your application a Renewal as Initial and will treat the application as subject to the permanent injunction. In other words, USCIS not make decisions on Renewal as Initial applications while it waits until court processes play out.

If you had an Initial application or a Renewal as Initial application pending on July 16, 2021, USCIS will not make a decision on your application. These applications will remain pending, and USCIS will not refund fees.

On September 10, 2021, the Biden Administration filed a Notice of Appeal in the Texas II litigation. The case is currently before the Fifth Circuit.

On September 28, 2021, the U.S. Department of Homeland Security officially published its proposed rule for DACA. The 60-day public comment period ended on November 29, 2021. DHS received over 9,000 comments. If finalized as proposed, the rule would codify DACA with the same eligibility guidelines as in the 2012 DACA program along with a few notable changes, including modifying the existing filing process and fees for DACA by charging a fee of $85 for Form I-821D, Consideration of Deferred Action for Childhood Arrivals and making the request for employment authorization on Form I-765, Application for Employment Authorization, optional. DHS would maintain the current total cost of $495 to DACA applicants who also file Form I-765 ($85 for Form I-821D plus $410 for Form I-765), absent any separate fee increase for the Form I-765 generally.

NWIRP submitted comments to the proposed rule, which you can read here.

From NWIRP

You can view our video announcement released on July 16, 2021 on our Facebook page by clicking here or playing the video below.

Puede visitar nuestra página Facebook para encontrar el anuncio por video que presentamos el viernes 16 de julio de 2021, o también puede encontrar el video aquí abajo.

Additional Information and Resources

Completing Your DACA Application

NWIRP’s Free Monthly DACA Renewal Clinics: NWIRP offers free monthly virtual DACA renewal clinics to assist clients seeking to renew their DACA status. Due to the current COVID-19 crisis, all clinics remain virtual. To secure a spot in one of our virtual DACA renewal clinics, please select the “Register for a DACA Renewal Clinic” tab above or call the DREAMLine (855-313-7326) from 9:00 am to 5:00 pm Monday through Friday.

We HIGHLY encourage you to secure registration for a virtual DACA Renewal Clinic at least six months before the expiration date on your EAD (Employment Authorization Document/work permit) to minimize the risk of a lapse in your DACA status.

Please note that NWIRP is not assisting with Initial DACA applications nor Renewals as Initials (for those whose status expired more than one year ago) at this time.

Scholarships for Renewing DACA

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General DACA Information

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Financial Aid for DACA Applicants Pursuing College Education

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State Financial Aid for Undocumented Immigrant Youth From Ready Set Grad, get information on how to obtain financial aid to continue with your education.

Seattle University (SU) SU has a page dedicated to providing resources for college students seeking financial aid.

The University of Washington (UW) Check out this page from the UW for additional financial resources for DACA recipients seeking financial aid for college.

Questions About Crimes and DACA

The Immigrant Legal Resource Center has created this chart to help individuals understand the criminal bars to deferred action.

DACA Frequently Asked Questions

Will NWIRP be assisting people who want to file initial DACA applications or who need to Renew as Initials?

At this time, NWIRP is only assisting people with DACA Renewals. NWIRP encourages all individuals to speak with a legal representative before submitting any immigration application, especially if you have had any contact with police or immigration officials, or have left the United States since your last DACA was approved. We also recommend that you speak with an attorney or accredited representative in order to explore whether you may qualify for an immigration benefit that has a path to citizenship.

What if I already have DACA and want to apply for Advance Parole? Will NWIRP be able to help?

At this time, NWIRP is not assisting individuals calling to apply for Advance Parole.

If you are a current DACA recipient and wish to travel on Advance Parole, that option is still available to you. The Texas v. U.S. decision issued on July 16, 2021 did not impact the availability of Advance Parole for current DACA recipients.

NWIRP urges DACA recipients who are considering international travel to first speak with an attorney or accredited representative. During the current public health crisis, we generally do not recommend any international travel as travel restrictions are constantly changing and there is a risk that you may not be allowed to re-enter the U.S. even with an advance parole document. Importantly, keep in mind that if you leave the U.S. without advance parole, you may not be able to return to the U.S. and you will most likely not be eligible to renew your DACA status.

I filled out my DACA renewal application myself, can NWIRP review my application before I submit it?

Yes, we can assist you through one of our virtual DACA renewal clinics. To sign up for an appointment, please click the “Register for a DACA Renewal Clinic” link above, or call our DREAMLine (855-313-7326) from 9:00 a.m. to 5:00 p.m. Monday through Friday.

Can NWIRP help me if I live outside of Washington State?

No, NWIRP is only able to assist Washington residents. If you live outside of Washington State, please click this link to search for nonprofit organizations in your area that may be able to help you.

You can also find a list of private attorneys in your area by searching the website of the American Immigration Lawyers Association, which you can find by clicking here.

Where can I find an immigration attorney?

If you are seeking a list of service providers, please click this link to search for other nonprofit organizations that may be able to help you.

You can find a list of private attorneys who may be able to assist you by searching the website of the American Immigration Lawyers Association, which you can find by clicking here.

How can I check the status of my DACA application?

You should have received two receipt notices, one for your Form I-821D (DACA application) and one for your Form I-765 (employment authorization application), after USCIS received your application packet. Each receipt notice will have a receipt number. Please note that it can take USCIS several weeks to mail you a receipt notice.

You can use the receipt number on your Receipt Notice (Form I-797C) to monitor your case’s status by using USCIS’s online “My Case Status” tool, located at https://egov.uscis.gov/casestatus/landing.do. You will need to enter the receipt number from either the I-821D or I-765 receipt notice, which is generally located on the top left of your receipt notice.

How long is USCIS taking to process DACA applications?

USCIS aims to process DACA renewal requests within 120 days. You may submit an inquiry to USCIS about the status of your renewal request after it has been pending more than 105 days by visiting this webpage: egov.uscis.gov/e-request .

However, USCIS often takes longer than 120 days. Before you submit an inquiry, you should check USCIS’s processing times for DACA applications, Form I-821D. You can check the processing times of DACA applications by visiting https://egov.uscis.gov/processing-times/ and selecting the Service Center that is stated on your Receipt Notice (Form I-797C), usually found on the lower left-hand side. The 3 main service centers are:

* California Service Center
* Nebraska Service Center
* Vermont Service Center

I need to change my address with USCIS. Where do I do that?

If you move, USCIS requires that you update your address directly with USCIS using form AR-11. Please visit this website for instructions and the form you need to complete: https://www.uscis.gov/ar-11

What should I do if I lose my work permit / EAD (Employment Authorization Document) or if it was stolen?

Please visit USCIS’s website for instructions on how to replace a lost or stolen EAD by following this link. Note that you may have to pay a filing fee. Depending on your individual situation you may be able to wait until it is time to renew your DACA status to receive a new work permit/EAD or you may have to file for a replacement work permit/EAD.

If you would like to discuss your options, you can contact us through our DREAMLine (855-313-7326) from 9:00 a.m. to 5:00 p.m. Monday through Friday.

My work permit/ EAD (Employment Authorization Document) has expired. Can I continue to work?

We encourage individuals to timely renew their DACA status (and therefore their work permits) to minimize the risk of a lapse in their DACA status. If your work permit has expired, we encourage you to register for one of our virtual DACA renewal clinics to renew your status. please click the “Register for a DACA Renewal Clinic” link above, or call our DREAMLine (855-313-7326) from 9:00 a.m. to 5:00 p.m. Monday through Friday if you would like to renew through one of our clinics.

That said, you do not have an affirmative duty to tell your employer that your DACA status has been terminated or rescinded, or that your work authorization has expired or will expire. We generally advise employees to not provide more information than is required. Nonetheless, it is your responsibility to be truthful in answering an employer’s direct questions, and to never misrepresent your status.

Once your work permit expires, your employer has an obligation to ask to see your new work permit. If your employer fails to check and you simply continue to work for the same employer after your work permit expires, without making any false statements about your status, eligibility for employment, or identity in order to keep working and without providing any false documents, then, in general, there should be no additional immigration or criminal consequences beyond those you may already be subject to on account of your immigration status.

Working without authorization may affect your ability to adjust status to become a lawful permanent resident in the future, depending on what category you’re seeking to adjust under. The most common path that we see for DACA recipients is through a family based petition (e.g. you marry a US citizen). In those cases, having worked without authorization won’t generally affect your ability to adjust status.

Please keep in mind that if you do continue to work for your employer after your work permit has expired, and your employer does not request further proof of your eligibility to work, you will be working without authorization. That means that your employer may, if and when your employer realizes your work authorization has expired, terminate your employment at any time.

If my work permit expires, does my social security number also expire?

No. The Social Security Number (SSN) that the Social Security Administration assigns to you is your number for life. Please keep in mind that your SSN is limited for work authorization purposes only when it is tied to your work permit.


Please note that although we try to update the information contained on this page frequently, the DACA landscape is continuously changing and this page may not have the most up-to-date information. We always encourage you to seek legal advice.