Update June 15, 2021
Today marks the ninth year since DACA was first announced. To the hundreds of thousands who were brought to the US as children, DACA provided them temporary relief from deportation and empowered them to pursue their American Dreams. DACA recipients have been strengthening our nation with their talents and handwork. Many have been serving our nation overseas and fighting the Covid pandemic on the frontlines.
DACA is stronger today than ever before. It is available to both first-time and renewal applicants.
Original Post February 4, 2021
Many Dreamers failed to renew DACA due to fear of the previous administration even when they clearly qualified under the law. Efforts by Trump in targeting DACA are troubling in the past 4 years. The Trump Administration tried to restrict and completely dismantle DACA. It reduced the length of DACA to one year, took away the option to travel overseas in DACA, and restricted DACA to only those with DACA and seeking renewal. Ultimately, the Supreme Court overturned Trump’s efforts to rescind/restrict but only recently in December 2020 which shows just how much barrier has been placed on DACA in the past 4 years.
To eliminate all uncertainty, President Biden signed an executive action on January 20, 2021 to preserve and fortify DACA which will add confidence that the original DACA is here to stay:1. USCIS is accepting first-time requests as well as renewal requests;2. Grants of deferred action and employment authorization under DACA are to be issued in 2 year increments; and3. USCIS is accepting applications for advance parole.
I must warn though that DACA only survived because the Supreme Court found Trumps’ efforts to dismantle DACA failed on procedural grounds. It’s hard to imagine that DACA can survive again on substantive grounds in front of a 6:3 Supreme Court. I would urge anyone who may qualify for DACA to seriously consider DACA. No one knows whether it will face another challenge in the future.