Post-SCOTUS Decision DACA Service Delivery Model

Last Updated

June 18, 2020

Educate Your Program’s Staff and Community of SCOTUS Decision and Its Impact

  • Follow CLINIC’s website and newsletters closely for analysis of the June 18, 2020, SCOTUS decision. Though it was widely suspected that the U.S. Supreme Court would issue a negative ruling on DACA, on June 18, 2020, SCOTUS came down against the administration and ruled that the rescission of DACA was “arbitrary and capricious.”
  • Utilize CLINIC webinars and other resources to educate your program staff on the SCOTUS decision.
  • Provide your own community with easy access to accurate information on DACA via website, phone and social media based on CLINIC’s resources and information.

Analyze Your DACA Client Database and Find Creative Ways to Hold DACA Workshops

  • Continue to file DACA renewal applications as planned so that your client may be able to benefit from an extended DACA renewal and work permit.
  • Analyze your client database to identify potential clients who may qualify for first-time DACA applications. It is not confirmed as to when/if USCIS will start accepting first-time DACA cases as well as advance parole applications from DACA recipients, but it is important to start thinking about the possible clients who can file initial DACA applications and advance parole applications.
  • Recognize that due to COVID-19, it may not be easy to hold in-person workshops to assess initial DACA eligibility. Virtual workshops can be substituted to handle an increased demand for people seeking initial DACA.

Continue to Advise on UPIL and KYR to Your DACA Clients

  • Counsel on Know Your Rights and possible enforcement actions.
  • Counsel on avoiding scams and the Unauthorized Practice of Immigration Law, or UPIL.
  • Continue legal screening events to identify possible eligibility for an immigration benefit, knowing that there is still no permanent path for DACA recipients.

Review Your Legal Service List and Fee Schedule:

  • Review your fee schedule and anticipate adding DACA service fees for initial DACA filings in the event that USCIS starts accepting these applications.
  • Ensure that future consultations, intake and client agreement documents are updated and accurate to reflect the continuation of DACA.

Educate Agency Leadership and Community Stakeholders and Advocate for Action Plan that Addresses Community-Wide Needs

  • Educate leadership on the SCOTUS ruling and the possibility of increased demand for your program’s services from potential DACA applicants.
  • Advocate for your agency’s immigration program needs to adequately respond to DACA clients who lost their jobs and are unable to meet financial needs due to COVID-19.
  • Advocate for safety net and financial counseling services available to other undocumented persons in the community.
  • Identify experienced immigration legal practitioners and other providers who can take referrals.

Funding Issue:

  • Create some compelling DACA stories and share them with funders and media.
  • Emphasize the importance of having Congress act and provide a pathway to citizenship for DACA holders.