Resources on Deferred Action for Childhood Arrivals

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In July 2020, the CLINIC-led Temporary Protected Status Advocacy Working Group released a report estimates that the next administration could protect upwards of 3.5 million people through these executive actions.

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The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

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The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

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155 organizations call on the Department of Homeland Security and U.S. Citizenship and Immigration Services to immediately reinstate DACA as implemented in 2012 and work with the Senate to immediately pass the American Dream and Promise Act

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Points on program management on the impending decision from SCOTUS on DACA.

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Given the uncertain future of the DACA program, it’s critical to screen recipients for all other forms of immigration relief. Is the client potentially eligible for a more permanent immigration benefit, either affirmatively or defensively if in removal proceedings? Even if a client was thoroughly screened prior to applying for DACA initially, changes in personal circumstances or immigration policy may mean that a new form of relief is now available. This advisory reviews some of the most common forms of relief that may apply to DACA recipients.

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This digest tracks DACA developments in reverse chronological order. This resource will be updated regularly.

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Following the September 5, 2017, issuance of a Department of Homeland Security, or DHS, memorandum rescinding Deferred Action for Childhood Arrivals, or DACA, several lawsuits were filed challenging the legality of the DACA program’s termination. This advisory summarizes the current status of DACA in light of the pending litigation.

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CLINIC joined the United States Conference of Catholic Bishops and other Christian organizations in an amicus brief before the U.S. Supreme Court urging the Court to not allow the administration to rescind DACA. The brief focuses on the arbitrariness of the decision to rescind DACA as well as the catastrophic effect the rescission will have on families.

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Update: On June 28, 2019, the U.S. Supreme Court agreed to review three of the below legal challenges - Regents of the University of California v. DHS, Batalla Vidal v. Nielsen, and NAACP v. Trump. Oral arguments are scheduled for November 12, 2019.

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Gibson, Dunn, and Crutcher, LLP, represented CLINIC on an amicus brief in support of the plaintiffs-appellees in Inland Empire – Immigrant Youth Collective, et al., v. Kirstjen Nielsen, et al. The plaintiffs-appellees challenge the government’s unlawful termination of their DACA without process on behalf of a class of DACA recipients.

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This section of the toolkit includes resources to help you represent clients who are applying for Deferred Action for Childhood Arrivals.

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As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. One such permanent relief option is non-LPR cancellation under INA § 240A(b), which provides a path to lawful permanent residency to certain non-citizens placed in removal proceedings.

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Following the September 5, 2017 issuance of a Department of Homeland Security (DHS) memorandum rescinding DACA, several lawsuits were filed challenging the legality of the DACA program’s termination. In addition, Texas and nine other states have asked a Texas district court to find that the 2012 DACA program is unlawful because the Obama administration exceeded its authority in creating the program. This advisory summarizes the current status of DACA in light of the pending litigation.

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Following the administration’s September 5, 2017 termination of DACA, a number of legal challenges were filed. In January and February of 2018, federal courts in California and New York issued nationwide preliminary injunctions ordering the government to continue to accept renewal requests from anyone who has previously held DACA.  In compliance with these injunctions, USCIS continues to accept and process DACA renewal requests from individuals who have been granted DACA in the past.

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CLINIC has joined with Muslim Advocates and other faith partners as Amici Curiae, or friends of the court, in the Texas. v. Nielsen case challenging the constitutionality of the DACA program. The brief asks the court to deny Texas’s motion for preliminary injunction which would halt adjudication of all DACA cases. The case is scheduled to be heard in the U.S. District Court for the Southern District of Texas on August 8, 2018.

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Learn about screening DACA recipients for Special Immigration Juvenile Status eligibility.

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The Trump Administration’s September 5, 2017 DACA rescission has left DACA recipients in limbo and prompted many questions on what comes next for this vulnerable population. Practitioners representing DACA recipients must consider permanent relief options in each DACA client’s case and prepare for the possibility of removal proceedings. These practice advisories provide practitioners guidance on immigration law matters relevant to DACA recipients.

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The Trump Administration’s September 5, 2017 DACA rescission has left DACA recipients in limbo and prompted many questions on what comes next for this vulnerable population. Practitioners representing DACA recipients must consider permanent relief options in each DACA client’s case and prepare for the possibility of removal proceedings. These practice advisories provide practitioners guidance on immigration law matters relevant to DACA recipients.

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The Trump Administration’s September 5, 2017 DACA rescission has left DACA recipients in limbo and prompted many questions on what comes next for this vulnerable population. Practitioners representing DACA recipients must consider permanent relief options in each DACA client’s case and prepare for the possibility of removal proceedings. These practice advisories provide practitioners guidance on immigration law matters relevant to DACA recipients.

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This bilingual (English/Spanish) screening tool can help legal services  providers assess whether a DACA recipient is eligible to request renewal.

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Use this flow chart as a quick guide to understand what to do next as a DACA recipient. Available in English and Spanish.

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Catholic Legal Immigration Network, Inc., Catholic Charities USA and the USCCB’s Migration and Refugee Services joined to urge DHS Acting Secretary Elaine Duke to extend the Oct. 5, 2017 deadline set by the administration for certain renewals. The letter was sent following the administration’s announcement to phase out DACA and providing a narrow window for certain DACA recipients (those with DACA valid until March 5, 2018) to file for renewal by Oct. 5, 2017 and subsequent hurricanes that have ravaged eastern Texas, Florida and other southeastern states.

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This tool will help immigrant legal service providers and community-based organizations plan to effectively and efficiently respond to DACA termination.

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Catholic Legal Immigration Network, Inc., Catholic Charities USA and the USCCB’s Committee on Migration joined to urge the president to continue DACA, a policy protecting nearly 800,000 young people. The letter was sent amid reports that the administration may soon end the policy that provides protection from deportation and work authorization to young people who were brought to the U.S. as children.

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Recent guidance from U.S. Citizenship and Immigration Services indicates that the agency is no longer placing a hold on the adjudication of applications for adjustment of status filed by recipients of Temporary Protected Status, or TPS, in the jurisdictions of the Sixth and Ninth Circuits. This updated guidance comes in light of those federal appellate courts’ decisions in Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013) and Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). 

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DACA is an executive action, implemented by President Obama in 2012, providing deportation relief and the opportunity to work for a select group of young, undocumented people living in the United States. This document provides some talking points.