Resources on Deferred Action for Childhood Arrivals

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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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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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As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. Many DACA recipients are LGBTI and this advisory discusses LGBTI claims for asylum, withholding or removal and protection under the Convention Against Torture, with an emphasis on claims from the top five DACA countries.

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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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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 future of DACA remains uncertain and  it’s imperative to screen DACA recipients for other forms of immigration relief.  This practice advisory, written for legal service providers, reviews common forms of relief that may be available to current and former DACA holders.

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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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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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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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