Deferred Action for Early Childhood Arrivals
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
United States Citizenship and Immigration Services Website
Guidelines to be Considered for DACA
A request for DACA may be granted only if USCIS determines in its sole discretion that you meet each of the following threshold criteria and merit a favourable exercise of discretion:
- Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
- Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS;
- Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and
- Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;
- Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honourably discharged veteran of the United States Coast Guard or armed forces of the United States; and
- Have not been convicted of a felony, significant misdemeanour (that is, a misdemeanour as described in 8 CFR 236.22(b)(6)), or 3 or more other misdemeanours, and do not otherwise pose a threat to national security or public safety.
Age Guidelines:
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).
The Landscape of Undocumented Students Today
According to the federal government, undocumented students can legally enroll in colleges and universities in the U.S. Although some states prohibit these individuals from attending public schools, the vast majority do not. As such, nearly half a million college students are undocumented.
DACA Renewal Process
Who Can Renew:
You may request a renewal if you met the initial 2012 DACA guidelines and you:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since you submitted your most recent DACA request was approved; and
- Have not been convicted of a felony, a significant misdemeanour, or three or more misdemeanours, and do not otherwise pose a threat to national security or public safety.
Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request.
When to Renew
USCIS’ current goal is to process DACA renewal requests within 120 days. If your renewal request has been pending for more than 105 days and you have not heard from us, please feel free to contact us.
How to Renew
Complete and sign the following forms:
- Consideration of Deferred Action for Childhood Arrivals (Use the most recent version of Form I-821D or USCIS will reject your form.)
- Application for Employment Authorization
Follow the instructions on all three forms to submit them to USCIS. Make sure you submit the correct fees.
Fifth Circuit Court of Appeals’ Decision Surrounding DACA
What was it?
On October 5, 2022, the 5th Circuit of Appeals decided that the DACA program violates U.S. Immigration law.
I am currently a DACA holder, how does this affect me?
According to the Circuit of Appeals, DACA holders still have an active DACA status and can continue to renew their DACA. Effective Oct. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. We will also continue to accept and process applications for advance parole for current DACA recipients, and we will continue to accept but not process initial DACA requests. DHS is currently prohibited from granting initial DACA requests and related employment authorization under the final.
Immigration Resources
Coalition for Humane Immigrant Rights- CHIRLA
330 North D Street Suite 424
San Bernardino, CA 92401
(909) 475-0687
Hotline- 888-624-4752
Mon-Fri 9am-5pm
*Services: Assistance with citizenship applications, DACA, and advocacy. Only prepare documents and on some rare occasions represent in court.
Eligibility: Serve most residents throughout California. Services are free of charge, but court or filing fees are not covered.
Catholic Charities
1450 North D. Street
San Bernardino, CA
(909) 388-1239 Ext. 300
Mon-Fri 8am-4pm
*Services: Immigration services, depending on case. Free consultation and assessment of needs, only prepare documents and do not represent in court. If services are beyond the scope of the agency, they may be able to refer to community partners.
Eligibility: San Bernardino and Riverside County residents. Most services are free of charge, but court or filing fees are not covered.
*Services provided are on a case-by-case basis.
Top Needs of Undocumented Students
- The Dream.US
- https://ballotpedia.org/Arizona_Proposition_308,_In-State_Tuition_for_Non-Citizen_Residents_Measure_(2022)
- https://www.frontiersin.org/articles/10.3389/fpsyt.2020.568167/full
- https://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf
Undocumented Student Resource Centers
- Research Brief on USRCs at all Colleges and Universities
- New Research Brief on USRCs at Community Colleges
- Center for Dreamers Webpage
- Mexico International Study Opportunity for Learning (MISOL) Program