February 14, 2018
February 2018 Preliminary Injunction on Deferred Action for Childhood Arrivals
The scope of the preliminary injunction issued on February 13, 2018 in the Eastern District of New York is the same as the preliminary injunction issued on January 9, 2018 in the Northern District of California. Until further notice, and unless otherwise provided in this web guidance, the DACA policy will continue to be operated on the terms in place before it was rescinded on Sept. 5, 2017. As explained in that guidance, USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.
September 5, 2017
Rescission Of Deferred Action For Childhood Arrivals (DACA)
On September 5, 2017, the Trump administration rescinded DACA, providing a six-month period to “wind down” the program. A September 5, 2017 memo by DHS Acting Secretary Elaine C. Duke officially rescinds the June 15, 2012, memorandum that created the DACA program, and establishes the following DACA protocols:
DACA Students and Study Abroad
Prior to the September 5, 2017 rescission of DACA, DHS had been approving applications for travel authorization called advance parole, which DACAmented students could use to travel abroad for “education, humanitarian and work purposes,” including participating in study abroad programs. The September 5, 2017 DACA rescission memo impacts DACA advance parole in the following ways:
- DHS stated it will “generally honor” previously approved DACA advance parole for the stated validity period, but noted that CBP retains its authority to determine the admissibility of anyone presenting themselves at a U.S. port of entry, and that USCIS retains the right to revoke or terminate an advance parole document at any time
- USCIS will not approve any new Form I-131 applications for DACA advance parole received after September 5, 2017
- Will administratively close all pending Form I-131 applications for DACA advance parole not approved before September 5, 2017, and refund the applicant’s filing fee
Even before September 5, 2017, reentry to the United States could never be guaranteed, even with advance parole authorization and the approval of a university or education abroad office. NAFSA strongly encourages DACAmented students to seek the advice of an immigration attorney to weigh this risk before departing the United States to participate in a study abroad program. DACA students with an approved grant of advance parole who are currently studying abroad should also consult with their immigration lawyer about returning to the United States.
Frequently Asked Questions
(Please consult with your attorney or stop by our office for more information before you apply, file for an extension or plan to travel on Advance Parole).
Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
Basic DACA Eligibility Criteria (for reference purposes)
The information presented below has been collected to provide clear information regarding the DACA program. The information is not intended to constitute legal advice and should not be relied upon as such.
Under the program, starting August 15, 2012 qualified individuals became eligible to request DACA consideration if they:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
- Are at least 15 years of age at the time of applying for DACA benefits (some exceptions apply)
DACA benefits are granted in increments of two years. Remember, though, that deferred action is a discretionary benefit for individuals who would otherwise be removable from the United States. USCIS will decide applications on a case-by-case basis. Although student advisers may wish to be generally aware of how the program works, individuals who wish to assess their eligibility for DACA-related benefits should be counseled to consult an experienced immigration lawyer or recognized/accredited organization or representative for legal advice or for legal assistance. Individuals should also be aware of immigration scams. USCIS urges individuals to visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services. Advisers may also want to direct people to the American Immigration Lawyers Association’s (AILA) AILA Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed!
DACA Resources for Students
Ramapo’s We Care Program provides resources for students who are DACA, experience food insecurity, suffer from homelessness, and those who are involved in foster care. https://www.ramapo.edu/oed/we-care-program/
Student Government Association Immigration-Related Resolution
The Student Government Association thanked everyone for expressing their views regarding Ramapo and a sanctuary campus during our Wednesday, February 22 General Meeting. The Senate passed a Resolution, attached below, which was created in response to the discussion at the meeting.
Should you have any questions or comments regarding the SGA or this resolution, please contact them using this link: https://www.ramapo.edu/sga/feedback/
DACA Resources for Faculty