DACA Decision at the Supreme Court 2020

DACA Supreme Court Decision

DACA recipients win at the Supreme Court! On June 18, 2020, the Supreme Court of the United States ruled in favor of DACA recipients. The Supreme Court agrees with the lower courts’ ruling that the Administration unlawfully ended the program. The Court’s decision restores the 2012 Obama Administration DACA policy in full. This is a sigh of relief to many.

What it SHOULD mean.
The court’s decision should reopen DACA for new applicants, re-open “advance parole”, and allow current DACA recipients to continue to renew their status. It is good news for now, that the Supreme Court has sided with DACA recipients; however, it is still possible that the Trump Administration may try to repeal the program a second time. This is why it is important for DACA recipients to renew their protections as quickly as possible.

Right now there is no clear guidance from USCIS on when and if they will reopen first time applications for DACA. The Supreme Court’s decision should make USCIS bring back the program to its original form, which means USCIS should start accepting new applications.

If you are considering applying for the first time, seek advice from an attorney or DOJ-accredited organization for more personalized advice. Everyone’s case is different and an attorney can help you figure out what’s best for you. Find an organization that can help you here.

If you want to prepare and gather the required documents to file your first-time DACA application, visit USCIS’ page on eligibility requirements.

Beware of notario fraud.
Don’t fall victim to a scam. Make sure you get advice from trusted immigration organizations and firms.

If you are currently a DACA recipient, you can continue to renew your status, so long as you meet the requirements. If it has been less than one year since your DACA has expired, then you can still file your renewal normally. If your DACA expired more than a year ago, you can still renew but will need to file the renewal as if it were an initial application. You should strongly consider talking to an attorney or Department of Justice (DOJ)-accredited representative and begin gathering your paperwork.

We won and it’s great news, but we do not know how long the window for renewals will remain open or when new applications will start to be accepted. There is also a chance that the DACA filing fee will increase, and USCIS could also experience processing delays. Visit our renewals page to find out how to renew.

Right now there is no clear guidance from USCIS on when and if they will allow DACA recipients to apply for advance parole. The Supreme Court’s decision should make USCIS bring back the program to its original form, which means USCIS should reopen advance parole.

Under the 2012 Obama Administration DACA policy, DACA recipients could apply for permission to travel outside the country and return lawfully under specific requirements. This process, known as “Advanced Parole”, previously allowed DACA recipients to leave the country for educational, employment, and humanitarian reasons.

If advance parole were to reopen, the process could be affected by underlying travel restrictions placed under COVID-19.

We will keep you updated!

We will continue to update this page as more clarity on how this development will be implemented as we receive news. In the meantime, thank you to all DACA recipients who courageously spoke out to make today a reality, you are powerful, and your #HomeisHere!

Visit UWD’s DACA Decision site to learn more about ways to stay involved.

Take care of yourself

This has been an incredibly stressful time for many, we encourage you to explore the following resources to take care of your mental health and overall well being. We cannot begin to imagine what a relief this decision means for your life. Continue to care for yourself. The information below provides tips for managing the emotional and spiritual well-being of yourself and others.

Build a support network. Celebrate this moment with people you trust. Don’t be afraid to lean on the trusted people in your life — friends, family members, teachers, coworkers. Reach out to your local organization that works with the immigrant community — they may hold events or point you in the right direction.

Do an activity you enjoy. There has been a lot of build up, including fears and anxieties, that brought us to this moment. Take some time to relax. “Self-care” can be as small as doing a hobby that brings us happiness, and makes us feel good about ourselves. If you need ideas, try reaching out to a friend, journaling, or trying an activity you loved when you were younger. You deserve access to love and joy.

Take a few deep breaths. Breathing slowly and deeply sends a message to our brain to calm down and ease tension in our body. Try the 4-7-8 breathing method. Breathe in slowly while counting to 4. Hold your breath and count to 7 in your head. Breathe all the air out of your lungs for a count of 8. Repeat 7-10 times.

We encourage you to check out German Cadenas’ Guide on Coping with Immigration Related Stress. He includes reflective exercises and other tools you can use to manage your wellbeing.

Stay Informed and Know Your Rights

No matter what the Supreme Court said in its decision, you have rights and knowing them will help keep you and your families empowered during this time.

In any interaction with law or immigration enforcement, the most important practices to remember are:

  • Remain calm
  • Do not open the door if an immigration agent is knocking on the door.
  • Do not answer any questions from an immigration agent if they try to talk to you. You have the right to remain silent.
  • Do not sign anything without first speaking to a lawyer. You have the right to speak with a lawyer.
  • If you are outside of your home, ask the agent if you are free to leave and if they say yes, leave calmly and do not run away.
  • If you do speak, do not lie.

You have constitutional rights whether you are at home or in public spaces. However, those rights are different depending on where you are. Your home provides special protections that public spaces do not. (To learn what the differences are please visit our Know Your Rights section.) Understanding what those are (and aren’t) can help you navigate stressful encounters with immigration enforcement on your doorstep, and potentially avoid harm.

Suggested Resources

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Protesting as Undoculeaders

Many DACA community members are also personally affected by the recent uprisings in defense of Black lives and many (Black or non-black) have joined solidarity events across the country. We’re also aware of the possibility of protests or actions emerging in response to the Supreme Court’s decision on DACA. We hope you take proper precautions and take in all considerations. Refer the following resources for guidance on protesting while undocumented.

Family Preparedness

Every family regardless of immigration status should make a family preparedness plan in case of emergency. Family preparedness plans are a collection of documents and important information about family members’ medical history, childcare preferences, Social Security numbers, financial matters, and more. A preparedness plan also outlines immediate and longer-term actions to be taken if a member of the family is detained or otherwise at risk. Compiling this plan ahead of time will reduce stress and result in better outcomes for your family.

Find more resources and materials on how to prepare your family here.

You can also watch this video that combines both Know your rights and family preparedness information.

Income Generation Beyond DACA

Our friends at Immigrants Rising have been working on a learning hub for alternative income generating pathways, regardless of your immigration status. The undocustle.org learning hub will help you explore different opportunities such as becoming an independent contractor or starting your own business. Start your #undocuhustle