News & Media

DACA renewal guidelines in response to January 2018 preliminary injunction

Human Dignity & Just Immigration Reform

January 16, 2018  |  U.S. Citizenship and Immigration Services  |  Link to article

On Saturday, January 13, 2018, the United States Citizenship and Immigration Services (USCIS) issued guidelines that it has resumed accepting requests to renew a grant of deferred action under DACA. 

The DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. This is a result of the nationwide injunction issued by the judge last week ordering USCIS to continue accepting applications.  

Here’s what they said: 

  • Individuals who were previously granted deferred action under DACA may request renewal with the appropriate fee or approved fee exemption request. 
  • If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. 
  • If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal but may nonetheless file a new initial DACA request in accordance with instructions.  Please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.
  • USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.  
  • USCIS will not accept or approve advance parole requests from DACA recipients. 

Thoughts from PICO's LA RED:

  • If you are DACAmented and fall within the above categories to renew or your DACA is about to expire speak to an attorney about renewal ASAP.
  • There are many moving pieces here with the litigation. It’s hard to predict if this is temporary or how long the USCIS will continue to accept applications or if a government appeal will end acceptance.