On July 16, 2021, a federal judge in Texas decided that the Deferred Action for Childhood Arrivals (DACA) program was created illegally.
President Biden has said the decision will be appealed.
You may be wondering what this means and how decisions made by President Biden could affect you in Wyoming. Scroll down to learn more and be sure to save this page for reference.
WHAT DOES THE DECISION MEAN FOR CURRENT DACA HOLDERS?
People who have DACA will not lose it as a result of the court’s order. If you have a work permit through DACA, it is still valid. You can continue to submit DACA renewal applications, and those applications will be processed normally by USCIS. Because USCIS has been experiencing processing delays with DACA applications lately, you should submit a renewal application 120-150 days before your current DACA grant expires in order to minimize any potential gap in your status.
WHAT DOES THE DECISION MEAN FOR FIRST-TIME DACA APPLICANTS?
If you have never had DACA but are eligible to apply for the first time, you can submit a DACA application, but USCIS will not process or make a decision about your application. Because there are uncertainties surrounding the future of the DACA program, it is advisable to make the decision about whether to submit a first-time application after consulting with a trusted immigration legal services provider.
WHAT ABOUT ADVANCE PAROLE?
“Advance parole” is a benefit that allows DACA holders to apply to travel outside of the U.S. for educational, employment, or humanitarian reasons. Current DACA recipients can still apply for advance parole. People who have traveled outside of the U.S. on advance parole can still return, and those who were recently granted advance parole but haven’t traveled can still do so.
WHAT WILL HAPPEN TO DACA IN THE FUTURE?
Again, the Biden Administration plans to fight this decision through an appeal, and they are also working on recreating the DACA program in a way that complies with the Texas judge’s order. But ultimately, the only way to permanently stabilize the lives of DACA recipients is for Congress to pass a law creating a path to long-term legal status. Until then, the DACA program is likely to continue to be attacked, which we know creats stress and anxiety among DACA holders and their communities. Take care of yourself, reach out to your congresspeople to urge them to protect DREAMers, and contact the ACLU of Wyoming with any questions about your legal status at ImmigrationHelp@aclu.org or (307) 699-2875.
