DACA Resources

In This Section

Rutgers University-Newark is dedicated to providing our DACAmented and undocumented students a welcoming and safe environment where we provide you with resources critical to your personal and academic success. To that end, we encourage students to utilize the following resources generated by the university and trusted partners, like the Presidents' Alliance on Higher Education and Immigration.

Rutgers Immigrant Community Assistance Project (RICAP) Advisory: Deferred Action for Childhood Arrivals (DACA) Renewal Applications

On June 18, 2019, in the Dept. of Homeland Security v. Regents of the Univ. of CA, the Supreme Court of the United States rendered a decision preserving DACA.  The Court first determined it had authority to review the Administration’s decision to rescind the Deferred Action for Childhood Arrival (DACA) program because the program conferred immigration relief.  In making this holding the court cited past cases where the courts had been called upon to protect individuals’ interests when abridged unreasonably by the government.

In its review, the Supreme Court then held that the rescission of DACA was “arbitrary and capricious” under the Administrative Procedures Act for two reasons.  First, the Department of Homeland Security (DHS) did not provide a sufficient reasoned analysis at the time the DACA rescission was implemented.  Second, DHS did not appreciate the full scope of its discretion and how so many people had come to rely on DACA.  The court stated that DHS should have explored other alternatives before eliminating the entire policy, crippling the interests of over 700,000 young people.  Importantly, the decision DOES NOT foreclose the possibility of rescinding DACA, it simply outlines where the Administration failed to meet the requirements for such a rescission. 

What does this decision mean for the immigrant community?
  • Current DACA recipients continue to be protected from deportation and eligible for benefits under the DACA program like work authorization.
  • Eligible DACA recipients can continue to apply to renew their DACA for two more years.
  • Eligible individuals who never had DACA should be able to apply at this time.
  • All eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.
  • It is possible Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this possibility are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel.   

It unclear whether the Administration will continue to pursue the DACA rescission, so it is important for students to asses their situations quickly.  Rutgers is here to support you.  RICAP and the Office of Undocumented Services will be hosting Q & A sessions in the weeks to come as more information becomes available.  All Rutgers students with questions regarding DACA should  contact RICAP Immigrant Rights Attorney, Jason Hernandez, at RICAP-Info@law.rutgers.edu or 856-225-2302.

  • All consultations are at no cost to the student.
  • Students seeking financial support for the USCIS filing fee should reach out to RICAP for assistance locating emergency funds.

*This advisory is dated June 19, 2020, and is subject to change. It is not a substitute for individualized legal advice.  This document derives information from Understanding the 2020 Supreme Court Decision on DACA.

Understanding the 2020 Supreme Court Decision on DACA

Your Guide to DACA Renewal

It is uncertain how long renewals will be accepted, but we are here to help you navigate the process. 

Step 1: Do you have DACA, or have you had DACA in the past? Check to See If You Can Renew Your DACA

Step 2: If you are eligible to renew your DACA, United We Dream has created a step-by-step process on How to Easily Renew Your DACA

Step 3: Do you need financial support to renew your DACA? Please visit the following blogs provided by United We Dream for more information:

DACA Renewal Eligibility 

Provided by United We Dream, here's a quick checklist to know if you can apply for renewal now:

  • You have applied AND received DACA before.
  • You must not have departed the U.S. on or after August 15, 2012, without first having been granted advance parole.
  • You must have resided continuously in the U.S. from the time you submitted the initial request for DACA up until the present time.
  • You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not otherwise pose a threat to national security or public safety. If you have, please consult with a lawyer.

Rutgers Immigrant Community Assistance Project (RICAP)

The Rutgers Immigrant Community Assistance Project (RICAP) at Rutgers Law School was created as part of the University’s ongoing commitment to serve all of its students.

Led by attorney Jason Hernandez, who has 8 years of experience working in immigrant and refugee law, RICAP strives to foster a safe environment on campus and to remove barriers to student success by providing immigration legal services. RICAP hosts community forums, informational Immigration presentations, and Know-Your-Rights trainings on all Rutgers campuses. 

All students currently enrolled at Rutgers are eligible for a free and confidential legal consultation. Direct representation may be available through RICAP or by referral to a reputable attorney.

Contact

If you're seeking an appointment or have a general questions, please contact us:

For updates and announcements, find us on Instagram at @RU_RICAP.

Key Contacts

Jason Hernandez

Immigrant Rights Attorney | Pronouns: He/Him/His/Él
856-225-2302
123 Washington StreetNewarkNJ07102

Rutgers Immigrant Community Assistance Project (RICAP)

Follow us on Instagram (@RU_RICAP)

Undocumented Student Services

Maria Zamora | Pronouns: She/Her/Hers | Program Manager | maria.zamora@rutgers.edu
973-353-3416
Conklin Hall232
175 University AveNewarkNJ07102

Undocumented Student Services, Intercultural Resource Center