Ten state attorneys general, parties to the Texas v. United States case, have threatened a legal challenge to the 2012 DACA program if the administration does not rescind it by Sept. 5, 2017. Advocates on both sides believe that the president is considering a plan to take protections away from Dreamers after five successful years of DACA. Our network continues to fight to defend DACA and protect the more than more than 800,000 people affected—our neighbors, classmates, co-workers, friends and loved ones.
In order to prepare, we recommend you:
Clients outside the U.S. on grants of advance parole should return to the U.S. as soon as possible.
Clients need to know there are clear indications that DACA may be terminated before Sept. 5. Initial DACA filings are not recommended at this time. DACA renewal filings are at heightened risk of denial and loss of the $495 application fee should DACA be terminated.
If your client knows the risks of renewal and wants to proceed, submit renewal applications right away. Make those cases your priority!
Screen current DACA recipients for permanent immigration relief if you haven’t already. Find screening tools here.
Warn of potential risks if DACA is rescinded, especially for those who have prior orders of removal or criminal issues. If your agency does not handle relief from removal, refer DACA grantees with prior orders of removal to other counsel.
Consider any financial implications for your program if DACA is rescinded. For example, a process for returning client fees for any applications that do not get submitted, or loss of fee revenue budgeted for the rest of the year. Find more information in Chapter 6 of our Managing an Immigration Program: Steps for Creating and Increasing Legal Capacity, Managing Financial and Program Performance.
Consult with your agency’s leadership about what this means to your program and community.
Send your DACA cases that have been pending longer than 105 days or other problematic cases to cliniclegal.org/resources/articles-clinic/daca-processing-delays-and-tips-escalating-cases for case support today.
Be sure to sign up to receive CLINIC alerts.
Should the administration announce the termination of DACA, CLINIC will schedule a webinar as soon as possible.
Reach out to the CLINIC hotline with case-specific inquiries.