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.

On July 16, 2021, Judge Hanen issued a decision in Texas v. U.S., limiting the DACA program and declaring it unlawful.  While the Biden Administration has vowed to appeal, this disappointing decision again exposes the fragility of DACA and the incontrovertible need for a path to citizenship for American undocumented youth.  Rutgers supports all of its students and reminds those students affected by this decision that you belong here.  

Individuals who had their DACA status approved prior to July 16, 2021, even if now expired, will be permitted to continue participation in the program.  As of July 16, 2021, no first-time DACA request will be approved by USCIS until further notice. 

If you filed a first-time initial application that was not approved before July 16, 2021:

  • USCIS will hold the application until further notice
  • If you received a biometrics notice, you should attend unless you receive a cancellation notice  
  • If you have received a Request for Additional Evidence, failure to reply within the designated timeframe may result in a denial of your application – consult with an attorney prior to responding
  • Dreamers are not a priority for removal; ICE is currently required to follow the Enforcement and Removal Priorities Published on February 18, 2021

* If you planned to submit a first-time DACA application, USCIS can still accept this request, but you are encouraged to speak to an attorney prior to filing.

If you are a previously approved DACA recipient:

  • USCIS will accept and adjudicate DACA renewals until a court orders otherwise
  • File early!  Application processing times are delayed.  We recommend filing as close to 150 days prior to expiration as possible
  • Judge Hanen’s decision does not impact Advance Parole (AP);  According to USCIS’ statement dated July 19, 2021, USCIS will continue to process and grant advance parole to current DACA recipients

RICAP ADVISORY: Texas v. U.S., July 2021

Rutgers is here to support you!  We encourage any students impacted by this decision or immigration related barriers to reach out to one of our many RUN Student Support Services.  If you are not sure where to start, please reach out to the Office of Undocumented Student Services at undocu.services@newark.rutgers.edu.

All Rutgers students with immigration or DACA-specific legal questions should contact RICAP Immigrant Rights Attorney, Jason Hernandez, at RICAP-Info@law.rutgers.edu or 856-225-2302. 

  • All consultations are confidential and 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.

USCIS DACA Policy Update

DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”):

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS  for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.

Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy. Source:USCIS Policy Update, Consideration of Deferred Action for Childhood Arrivals (DACA)

Additional Resources:

Your Guide to DACA Renewal

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.

Source: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children

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.

Archives

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