Supreme Court's Decision on DACA
The Supreme Court announced their decision on the DACA case. Read more on our Supreme Court guide.
As of June 18, 2020, the Supreme Court of the United States (SCOTUS) ruled in favor of DACA recipients. Read our guidance on what this may mean for your DACA renewal application, click here.
There is a lot of confusion about how the coronavirus (COVID-19) pandemic might affect immigration policy. As of March 18, U.S. Citizenship and Immigration Services (USCIS) has suspended all biometrics appointments until May 4th. If you are a DACA recipient, your renewal application may be affected by this change. The best way to calm fears is to remain informed, read our guidance on what this may mean for your DACA renewal application, click here.
On November 12th, 2019, the Supreme Court of the United States (SCOTUS) heard oral arguments on three consolidated Deferred Action for Childhood Arrivals (DACA) cases. The hearing came after the Department of Justice (DOJ) requested to fast-track the three cases that were pending at the lower federal courts (New York, Washington, D.C., and California) in order for them to be heard at the Supreme Court level.
Now that SCOTUS has heard oral arguments, we are expecting a decision any time between now and June of 2020, when SCOTUS usually ends its term to break for the summer. A decision could potentially end DACA renewals. We don’t know when exactly the Court will announce its decision or what that decision will be, but what we do know for certain is that the U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewals.
Due to the uncertainty of the SCOTUS decision and its impact on current DACA renewal requests, we encourage DACA recipients to stay informed, consider speaking with an immigration attorney or DOJ-accredited representative, and consider submitting your renewal application very soon, especially if your DACA expires in 2020.
To learn more about what to consider when deciding to renew, read “Know Your Power. Consider Renewing Your DACA Today,” prepared by the National Immigration Law Center (NILC). In deciding when to renew, we recommend that you consider NILC’s “Frequently Asked Questions: USCIS is Accepting DACA Renewal Applications.”
We know this can be overwhelming but some things to also keep in mind while you consider renewing:
Paying for the DACA and work permit renewal fee of $495 can be a barrier when deciding to renew. Take a look at some recommended financial resources and advice we adapted from our friends at the HomeIsHere campaign:
With Guidance from “How To Easily Renew Your DACA” created by United We Dream
The following information will help you prepare your filing, but should not be considered as legal advice and should not replace legal advice from an attorney or certified representative. Everyone’s case is different, which is why we strongly urge you to consider seeking out assistance from local non-profit organizations that provide free to low cost legal assistance.
1. Find a renewal clinic, accredited rep., or immigration attorney who can assist you with your filing.
2. Find your previous renewal filing and use it as a guide as you complete your new renewal filing. You can cross-reference your old and new filings to ensure the information is consistent.
3. Make sure to download the correct and most current DACA request and work permit forms directly from USCIS. If a form is out of date, USCIS may reject your filing.
You will need to download and complete the following forms:
4. Accurately fill out all forms. Remember to read all instructions on the forms thoroughly, and to double check your responses with the responses you included in your previous renewal filing so that the information is consistent. It is recommended that you fill out the forms digitally to make sure all information is readable. If you are filling them out by hand, make sure you write clearly with a black pen.
5. Create a cover letter. A cover letter includes a checklist of the items in the filing to help the USCIS officer easily see what they are about to review. Check out UWD’s cover letter template as a starting point.
6. Purchase your money order from your local U.S. Post Office or bank—we strongly advise using a money order because USCIS does not accept cash. The money order should be for $495 and made out to “U.S. Department of Homeland Security” (do not use abbreviations like “DHS”). The $495 covers the biometric (fingerprint) and processing fees.
7. Photocopy your entire filing, including your money order and all supporting documentation, as well as any receipt for mailing your filing, and keep the copy in a safe place.
8. Package and send your DACA renewal filing. We recommend that your renewal packet be in the following order to make it easier for review:
Where should you send your renewal request? This depends on your location. USCIS has a quick reference guide on where to send your renewal request based on your location.
Tip: Do not staple your request together. This makes it harder for the review process and your filing could even be rejected by USCIS. Instead, use paper clips.
Tip: We also strongly advise that you mail using priority shipping that includes a tracking number. The USPS’ Priority Mail flat-rate envelopes are perfect for this.
After reviewing and double-checking your renewal filing for accuracy, and ideally upon final review by an attorney or legal representative, you are ready to send.
**IF you were arrested between your last DACA grant and now, you MUST go see an attorney before submitting your filing.**