Deferred Action for Childhood Arrivals Program
University of Houston System Information Page
In September 2017, the US Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) Program. In rescinding the program, DHS stopped accepting new applications and renewals for DACA after a short phase out period for persons whose DACA status was expiring between September 5, 2017 and March 5, 2018. Those individuals could apply to renew their status if they applied by October 5, 2017.
Current deferrals and employment authorizations under DACA are valid until the date of expiration on those documents. Pending applications and renewals will be considered on a case by case basis under the current rules. Because federal courts and/or Congress may act at any time, the ability to apply for DACA renewal may change quickly.
In January 2018, two separate federal courts ruled that U.S. Citizenship and Immigration Services (USCIS) must continue to accept DACA renewal applications while those lawsuits are pending about the DACA program. In turn, the U.S. Justice Department is appealing the decision of at least one of the federal courts. In the meantime and until further notice, USCIS has resumed accepting requests for DACA renewal on the same terms as were in place before September 2017.
Those persons whose DACA status expired before September 5, 2016, or those whose DACA was previously terminated at any time, cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of their last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-182D and Form I-765 instructions.
Here is information from USCIS on filing a request for renewal under DACA. Based on information as of February 26, 2018; here is a summary of who may file a request for a DACA extension and what forms should be submitted, prepared by the Immigrant Legal Resource Center.
Congress continues to debate how to update DACA or whether to terminate it. Because the federal courts and/or Congress may act at any time, the ability to apply for DACA renewal may change quickly.
USCIS is not accepting DACA requests from individuals who have never previously been granted deferral under DACA.
Initial DACA requests for deferral and for Employment Authorization Documents (EADs) that have already been filed are considered on a case-by-case basis within the same parameters as before if the requests were received by Tuesday, September 5, 2017. All pending initial applications and renewals as of September 5, 2017 are considered on a case by case basis.
For DACA benefits that will expire in the future:
For DACA benefits that expired on or after September 5, 2016:
For DACA benefits that expired on or before September 5, 2016, or if your DACA was previously terminated at any time:
It is recommended that you consult with a competent immigration lawyer or pro bono legal aid clinic with immigration expertise before filing a DACA renewal request.
USCIS had a program through which DACA recipients could request permission to travel outside the country and re-enter with their DACA status, if they could demonstrate that their need for travel was for “humanitarian, education, or employment” purposes.
USCIS will no longer accept or approve advance parole requests from DACA recipients.
There is no specific deadline for how long this opportunity to apply for renewal of deferred status; however, Congress continues to debate how to update DACA or whether to terminate it. Additionally, federal courts may issue rulings that affect DACA because of pending cases which have temporarily halted the rescission of DACA. At least one of those decisions is on appeal. Because federal courts and/or Congress may act at any time, the ability to apply for DACA renewal may change quickly.
The following information was issued in September 2017 as an overview and response regarding the DACA rescission program: