If you are one of the 700,000 Deferred Action for Childhood Arrival (DACA) recipients (nytimes.com) applying for renewal, or are interested in considering the program either for yourself or your child, the latest Supreme Court decision has allowed DACA to remain intact – for the moment. While the decision has been remanded for further proceeding in a lower court, there are a few things to know right now.
Currently, United States Citizenship and Immigration Services (USCIS) is only taking renewal applications for DACA. USCIS has taken the position that it will not accept new, first-time DACA applications; however, there is debate among legal scholars as to whether the Supreme Court’s decision requires USCIS to accept such new applications. It is unknown how USCIS will proceed, or whether the Trump Administration will issue further orders or guidance regarding the DACA program. Increases in DACA filing fees coupled with USCIS processing delays are also possible.
The Trump Administration has taken the position that the program is unlawful and hopes to end DACA by submitting more detailed reasoning for the program’s termination.
Since it is unknown how long the DACA program will remain available you should consider meeting with an experienced immigration attorney to consider filing a renewal application, or possibly a new application, if you are eligible. While it’s too early to determine how DACA will play out in the courts, the attorneys at Leonard Sciolla can help you consider the practical implications of renewing or filing a new application and guide you through the process. If you are in need of an immigration attorney, call our firm at (215) 567-1530 or (856) 273-6679 and ask to speak with Paul Schultz, Esquire.
Learn more about the Supreme Court ruling on DACA here: https://www.informedimmigrant.com/guides/daca-decision-2020/#