JANUARY 22, 2019: The U.S. Supreme Court has not announced whether it will grant or deny the Trump administration’s request that it review the federal court cases challenging Trump’s termination of DACA (see www.nilc.org/supreme-court-declines-to-take-up-daca-cases-this-term/). The Court will meet again on Feb. 15, when it may discuss the possibility of hearing the cases later this year. But it is unlikely that the Court will hear the cases before it starts its summer recess in June. For now, the three U.S. district court orders allowing DACA recipients to submit renewal applications remain in effect, and U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications from anyone who has previously had DACA.
TOP 5 THINGS TO KNOW ABOUT DACA RENEWALS…
now that the Justice Department has asked the Supreme Court to review the DACA-related federal court cases
Prepared by Informed Immigrant, National Immigration Law Center, and United We Dream
On November 5, 2018, the Trump administration asked the U.S. Supreme Court to review orders from three U.S. district courts that require U.S. Citizenship and Immigration Services (USCIS) to accept DACA renewal applications. The Supreme Court could decide as early as mid-January 2019 whether it will hear the three DACA-related cases.
Nevertheless, the three district court orders remain in effect, and USCIS is still accepting DACA renewal applications from anyone who has previously had DACA. At this time, no first-time DACA applications or advance parole applications are being accepted or processed, however.
This recent development provides an opportunity to remind DACA recipients of the following:
1. You can still apply to renew your DACA.
The Supreme Court could decide as early as mid-January 2019 whether it will hear the three DACA-related cases. If the Court decides to hear these cases, there’s a chance that USCIS will be ordered to stop accepting applications and a smaller chance that it will be ordered to stop processing the applications it has already received. If that were to happen, ideally you’d want to have submitted your renewal application by early January, in case the Court’s decision causes changes to the program.
However, even if the Court decides to hear one or more of the three cases, it is possible that the Court will not create any changes to the program until after an argument takes place in the spring, thus allowing for renewals to still be available.
2. Applying early is an option.
You can apply to renew your DACA even if its expiration date is more than 150 days from the date you submit your renewal application. Keep in mind, though, that your new period of having DACA may start before your current one expires. You’ll have to weigh the pros and cons of applying early to decide if this option makes sense for you.
3. There are resources to help pay the $495 renewal application cost.
Visit https://unitedwedream.org/2018/04/daca-recipient-needs-support/ to find out more. And consider creating a GoFundMe or asking your family and friends that their gifts to you this holiday season be money to help you pay for the application.
4. We are winning this fight.
Every day DACA renewal applications are accepted is a win. Due to our communities’ tremendous advocacy, organizing, and litigation efforts, over 187,000 people have been able to renew their DACA since the first court order was issued in January.
5. We need to continue this fight together.
DACA recipients are #HeretoStay, and we will continue organizing to protect one another. We’ve got your back.