A Note on DACA regarding the Trump administration: We have been receiving a number of questions about the future of the DACA program following the election of Donald Trump as President. The following bilingual (English and Spanish) community advisory outlines our recommendations for community members who have applied for DACA or who are interested in applying.
What is DACA
The Deferred Action for Childhood Arrivals (DACA) program helps undocumented young people (who meet certain requirements) gain temporary immigration protections, including a work permit and protection from deportation.
Community Presentations, Workshops and Legal Clinics
Who qualifies to renew their DACA status? A person who has been approved for DACA can renew their DACA status if a person continues to meet DACA eligibility requirements AND:
- Did not depart the US on or after August 15, 2012 without advanced parole
- Have continuously resided in the US since DACA approval to the present time
- Have not been convicted of a felony, significant misdemeanor, 3 or more misdemeanors, or do not “pose a threat to national security or public safety”
- Form I-821D, Consideration for Deferred Action for Childhood Arrivals (NEW form!)
- Form I-765, Application for Work Authorization with a copy of work permit or I-765 approval notice
- Form I-765WS, Worksheet
- $465 filing fee
- 2 passport pictures
Information from NWIRP
List of Scholarships that Don't Require Proof of U.S. Citizenship or Legal Permanent Residency - from Educators for Fair Consideration
DACA and Workplace Rights - from National Immigration Law Center
Deferred Action Policy Explanation & What to do NOW - from Immigrant Legal Resource Center
Understanding the Criminal Bars to Deferred Action - from Immigrant Legal Resource Center
Proceso de Acción Diferida a Favor de los Jóvenes Indocumentados - from National Immigration Law Center & United We Dream Network
Warnings for DREAMers – from National Immigration Project
Information from government agencies:
What Should I Do Before Attending a Clinic or Workshop?
- Download and fill out the application forms. These forms are available from the USCIS website and you should not be charged to obtain them. You can complete the three required forms (I-821D, I-765 and I-765WS) as best you can, print them out and bring the copies with you to the clinic, workshop or when you consult with an attorney. We do not recommend that you try to file an application before consulting with an attorney or accredited representative.
- Gather documentation that you were present in the United States on June 15, 2012 and that you have been residing in the country since June 15, 2007. To learn more about what types of documentation and the process for applying, please view our Community Advisory and Deferred Action for Childhood Arrivals (DACA) Checklist. We recommend that you make copies of all original documents and bring these copies with you when you attend a clinic or community workshop.
- Establish that you meet the educational requirements. Collect documentation that you are enrolled in school, have completed high school or have obtained a GED certificate. If you aren’t in school, haven’t completed high school and haven’t obtained a GED certificate but you would otherwise meet the criteria for the deferred action program, you will benefit from enrolling in school or taking steps to obtain a GED certificate.
- If you think you might meet the criteria in the President's announcement but have had any interaction with the criminal justice system (including being cited or arrested by the police), collect information about those interactions, including documents such as court records. This documentation will be important for an attorney or qualified legal representative to assess your eligibility for the program.
- Save money for the costs associated with this program. The application fee for this program is $465 and it will be very difficult for an individual to obtain an exemption from the filing fees, even if they have limited income or they are currently a student. In addition, individuals may have other costs, such as legal fees.