Deferred Action for Childhood Arrivals or DACA was recently the topic of a Supreme Court decision. There was much celebration over the decision and it was covered on all news outlets, social media and throughout communities across the United States.
With this attention there have been many calls to action, either to apply for an initial DACA submission or file for a DACA renewal for individuals. It is for this reason that we would like to review the current state of DACA.
The Supreme Court decision did not stand behind DACA as many have described. Instead, the Supreme Court decision took exception with how DACA was terminated. The lack of research, time and consideration that seemingly went into the decision was insufficient. Therefore, the Supreme Court laid out that if the program was to be ended, there would be necessary steps to be taken to show this proper consideration.
United States Citizenship and Immigration Services
As of this time USCIS has not been clear on the intent to allow for new DACA submission, nor for DACA renewals. USCIS has been clear on their view of DACA. USCIS Deputy Director for Policy Joseph Edlow put out the following statement on June 19, 2020, “Today’s court opinion has no basis in law and merely delays the President’s lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program.“ USCIS is not adjudicating the laws set forth to determine how the organization may proceed with new applications or renewal applications for DACA applicants. Rather USCIS Depty Director for Policy is actively campaigning for DACA to cease existence.
Due to the President’s clear intent to end DACA, coupled with the statement and lack of filing guidance from USCIS, that we anticipate the program to be declared terminated once again soon.
There is an application fee for a DACA application which, as with all applications fees, is non-refundable. These issues coupled with the application itself including the applicant’s address, we have reservations in submitting DACA applications.
We feel as though any DACA application at this point would be premature given the lack of guidance and potentially more harmful than helpful. We are monitoring the progress of DACA and taking note of those applications which are being filed across the country to determine the next steps.
Andrew Schach is the Managing Attorney at Schach Law Group. These blog topics are not intended as legal advice as each individual's case and history are different. Call for free consultation to review your options at (916)917-5217.
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