Resources for Undocumented Students

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.

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. 

It unclear whether the Administration will continue to pursue the DACA rescission, so it is important for students to assess 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.

On January 9, 2019, the federal district court issued an injunction in Dept. of Homeland Security v. Regents of the Univ. of CA directing the Trump Administration to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA). Throughout the past two years this case has worked its way through the federal appellate system. This summer, the Supreme Court of the United States agreed to hear an appeal of the Ninth Circuit’s decision to permit DACA renewals for individuals currently and previously enrolled in the DACA program. The hearing has been scheduled for November 12, 2019.

Sometime after the hearing, the Supreme Court will issue a decision. It is possible that the decision will permit the government to immediately stop accepting DACA renewal applications. Because there is no way to be certain when a decision will be issued or whether the injunction will remain in place, all DACA recipients are strongly encouraged to consider renewing their DACA status prior to November 12, 2019.

Rutgers is here to support you. All Rutgers students with questions regarding whether to renew their DACA status or who need renewal assistance should reach out to 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.
•  Beyond November 12, 2019, RICAP will continue to assist students with filing applications as long as the government continues to accept them.

***

Please be advised that no first-time DACA applications will be accepted by the government. Only individuals who have received DACA previously may renew at this time. Individuals whose DACA expired prior to September 5, 2016, may be able to renew but should contact RICAP for legal advice.

Advance parole to travel abroad remains unavailable. Since September 5, 2017, The U.S. Department of Homeland Security (DHS) stopped granting DACA recipients permission to travel abroad through advance parole. The federal court order has not changed this policy.

*This advisory is dated October 1, 2019 and is subject to change. It is not a substitute for individualized legal advice.  The above information is derived from https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivalsresponse-january-2018-preliminary-injunction and https://www.supremecourt.gov/oral_arguments/calendars/MonthlyArgumentCalNovember2019.html  

On January 9th a federal district court in California issued an order directing the Trump Administration to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA). On January 13th the administration issued a response to the court order, which included the steps for filing renewal applications for those who are eligible. https://www.uscis.gov/humanitarian/deferred-action-childhoodarrivals-response-january-2018-preliminary-injunction. It is likely that the judge’s order will be appealed, and a higher court may reverse or put a halt to the decision of the district court in California, so the window for taking action may be brief.

1. No first-time DACA applications will be accepted. The court’s order only applied to individuals who have previously had DACA. If you have a pending first-time application that was accepted by USCIS on or before September 5, 2017, it will be processed normally.
2. If your DACA expired on or after Sept. 5, 2016, or will expire within 150 days, you may file to renew. You should follow the instructions for renewal and list the date your prior DACA ended or your current DACA will expire in the appropriate box on Part 1 of the Form I-821D. If your DACA expires more than 150 days from now, you may still file to renew, but you should consult with an attorney about the advantages and disadvantages of doing so.
3. If you previously received DACA and your DACA expired before Sept. 5, 2016, or was terminated at any time, you cannot file a renewal application but may file a new initial DACA request following the instructions on the Form I-821D and Form I-765. You should list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available. It is advisable to seek legal advice before applying - if your DACA was terminated you should not submit a new initial application without consulting an attorney.
4. Advance parole to travel abroad remains unavailable. Since September 5, 2017, The U.S. Department of Homeland Security (DHS) stopped granting DACA recipients permission to travel abroad through advance parole. The federal court order does not change this.

Rutgers is here to support you. Any Rutgers student who has questions about the impact of these recent developments or needs assistance preparing the application should reach out immediately to Jason Hernandez, Immigrant Rights Attorney with the Rutgers Immigrant Community Assistance Project (RICAP) at jason.c.hernandez@rutgers.edu or 856-225-2302 for a free consultation. There is some chance that these applications may not be acted upon and application fees may be lost. However, if cost is an issue, funds may be available to help with renewal fees for those students represented by RICAP.

*This advisory is dated January 15, 2018 and is subject to change. It is not a substitute for individualized legal advice. The above information is derived from https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivalsresponse-january-2018-preliminary-injunction.

1. Your DACA is valid until its expiration date. DACA and work permits (employment authorization documents) will remain valid until their expiration date. To determine when your DACA and work permit expire, check your I-765 Approval Notice and the bottom of your employment authorization document (EAD).

2. No new DACA applications will be accepted. U.S. Citizenship and Immigration Services (USCIS) will not accept or process first-time applications for DACA after September 5, 2017. If you have a pending first-time application that was accepted by USCIS on or before September 5, 2017, it will be processed normally.

3. If you already have DACA and want to renew it: DACA issuances and work permits that expire between now and March 5, 2018, must be submitted for renewal by October 5, 2017. If you have a work permit that will expire between now and March 5, 2018, and you want to renew it, you must apply for a two-year renewal of your DACA by October 5, 2017. If you currently have a DACA renewal application pending, it will be processed normally.

4. Advance parole to travel abroad is no longer available. The U.S. Department of Homeland Security (DHS) will no longer grant DACA recipients permission to travel abroad through advance parole. Any pending applications for advance parole will not be processed, and DHS will refund any associated fees. If your application for advance parole was previously approved, and your advance parole period is still valid, you will retain the benefit until it expires.

5. Rutgers is here to support you. Students are encouraged to contact Jason Hernandez, attorney at the Rutgers Immigrant Community Assistance Project, to schedule a free and confidential consultation. He can be reached at Jason.c.hernandez@rutgers.udu or 856-225- 2302.

*The    above    information    is    derived    from    the    U.S.    Department    of    Homeland    Security    (https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca)    and    the    National    Immigration    Law    Center    (https://www.nilc.org/issues/daca/daca-update-5-things-to-know/)