Current DACA Updates
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:
- 1. filed by an individual with current DACA status; or
- 2 filed by an individual whose DACA status expired less than a year ago.
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.
our community advisory. Please continue to check our website and Facebook page for updates as we
process the court’s decision.
You can view our video announcement released on July 16, 2021 on our Facebook page by clicking here or playing
the video below.
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.
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
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
General DACA Information
Financial Aid for DACA Applicants Pursuing College Education
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
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:
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
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.