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Fact Sheet: Deferred Enforced Departure (DED)
This fact sheet is current as of August 17, 2021
What is DED?
- Deferred Enforced Departure (DED) is a discretionary protection status.
- DED recipients are protected from deportation and are allowed to obtain work permits. DED does not provide a pathway to permanent residency or citizenship.
- DED is authorized under the president’s constitutional discretion to conduct foreign affairs. There is no statutory authorization.
- Only the president can extend or terminate DED.
How does DED work?
- There is no application to apply for DED. Anyone who meets the requirements automatically has DED until it lapses or is terminated.
- DED is restricted to those people already residing in the United States at the time of designation. Those outside the United States who want to immigrate do not qualify for DED.
- Individuals must be a national of, or a person without nationality who last habitually resided in, the country designated for DED.
- DED is usually ordered for up to 18 months. After the designated time, the protection expires.
- The president can extend DED for additional time periods.
- Qualified immigrants must apply for Employment Authorization (EAD) under DED, pay a fee, and pass immigration screenings.
- Any DED-eligible person who wants to travel outside the country must apply for advance parole.
Who has DED?
- Liberia DED is designated until June 30, 2022.
- Venezuela DED is designated until July 20, 2022.
- Hong Kong DED is designated until February 10, 2023
Liberia has had DED for the longest period of time. In 2007, President George W. Bush directed that DED be provided for 18 months to certain Liberians (and noncitizens without nationality who last habitually resided in Liberia) in the United States whose Temporary Protected Status (TPS) was expiring on Sept. 30, 2007. In 2020, Congress passed a law granting Liberians, including those who had DED a path to permanent residence and citizenship. This law is called the Liberian Refugee Immigrant Fairness Act (LRIFA). Liberians must apply for permanent resident status under LRIFA before December 20, 2021. Click here to view ILCM’s fact sheet on LRIFA.
Venezuela was designated for DED by outgoing President Donald Trump on January 19, 2021, citing the humanitarian crisis created by Nicolás Maduro’s government. Estimates of the number of Venezuelans present in the United States on January 19, 2021 and eligible for DED range from 94,000 to 200,000. BUT – the Biden administration granted Temporary Protected Status (TPS) to Venezuelans. That is a legally different, but very similar, form of protection.
Venezuelan applicants do not need to apply for both programs. Both TPS and DED protect Venezuelans against removal and allow the opportunity for a work permit. If unsure of what to do, speak to an immigration attorney for more information.
Two important differences between DED and TPS:
- The president declares or ends DED, based on his authority to conduct foreign policy. TPS, however, is established by statute and determined by the Department of Homeland Security.
- Termination of TPS for a country is done by the Department of Homeland Security, in consultation with the State Department. Termination of TPS may be subject to court challenge.
Hong Kong was designated for DED by President Joe Biden on August 5, 2021. President Biden said DED furthers U.S. interests in the region, because, “Over the last year, the PRC has continued its assault on Hong Kong’s autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.”
Leave No One Behind—Keep Evacuation Flights Going
August 25, 2021— The U.S. evacuation effort has flown tens of thousands of Afghans and U.S. citizens to safety over the past few weeks. Thousands remain in danger. The August 31 deadline for ending evacuation is arbitrary and dangerous. Until everyone is evacuated, we must keep the Kabul airport open and planes flying.
Tens of thousands of Afghans worked with the U.S. military, U.S. agencies, and U.S. contractors over the past 20 years. They and their families are at risk under the Taliban. Some of those brave allies have already been killed. Only a small fraction of their number have been able, over the years, to gain the protection of Special Immigrant Visas through a complex and backlogged process. With or without SIVs, their safety is our responsibility.
“Our goal must be to leave no one behind: no refugee left behind, no SIV left behind, no U.S. citizen left behind, no U.S. lawful permanent resident left behind,” said ILCM Executive Director Veena Iyer. “We must evacuate allies, human rights defenders, women, LGTBQ+ people, and other at-risk groups.”
The Biden administration must continue the humanitarian evacuation beyond August 31. The job is saving lives, not holding to a self-imposed deadline. With the visa process impossibly slow and backlogged, DHS must use humanitarian parole to save lives. The State Department must help ramp up resettlement efforts for refugees. The United States must make an all-hands-on
Tell President Biden and Congress: Leave No One Behind
For two decades, the U.S. Government has employed Afghan allies to serve alongside U.S. troops, diplomats, and other government employees as interpreters, translators, cultural advisors, drivers, and more. Because of their service to the U.S. mission, our allies’ lives and their families’ lives are at risk. Human rights defenders, women, LGTBQ+ people, and other at-risk groups are also at an almost certain threat of violence and persecution.
The emergency U.S. evacuation program offers their best chance to live. We must continue this evacuation past August 31. The United States set that deadline. The United States can extend it.
Call your Senators. Call your Congressional Representative. Contact the White House through this email form. Demand that the administration:
1) Continue the U.S. evacuation past August 31 to save the lives of our allies and of human rights defenders, women, LGTBQ+ people, and other at-risk groups.
2) Direct emergency action and funding to support expanded refugee resettlement for Afghans as they arrive in the United States.
Suggested message:
I’m urging you to take action to continue the emergency evacuation from Afghanistan and to swiftly provide critical supports including expedited visa processing and access to the refugee resettlement process for family members of U.S. government employees, U.S. government employees not covered by the Afghan Special Immigrant Visa (SIV) program, and other at-risk populations such as human rights defenders, women, LGTBQ+ people, and others.
For more information, read ILCM Executive Director Veena Iyer’s statement here.
We Welcome Afghan Refugees
August 24, 2021—ILCM Executive Director Veena Iyer’s statement on welcoming and supporting Afghan refugees:
Minnesota has a long history of welcoming refugees. Minnesota has historically been home to more refugees per capita and the number one state for “secondary migration” of refugees resettled to other parts of the United States. In short, Minnesota welcomes and supports refugees, and the Immigrant Law Center of Minnesota is proud to be a leader among organizations supporting refugees.
As we watch events unfold in Afghanistan, ILCM stands with individuals and organizations around the world, in the United States, and in Minnesota for the rapid processing and resettlement of Afghan refugees, especially those who—like the Hmong, Laoatians, Vietnamese, and others before them—worked alongside and protected the U.S. military. Most immediately, the refugees of Afghanistan need all of us in the United States:
- To advocate for the U.S. to do everything in its power to get Afghan refugees out of the country and to safety in the United States. We therefore encourage all of you to call your representatives and the White House to call for more resources to be devoted to evacuating and processing refugees and to cutting the red tape holding refugees back from safety.
- To support international organizations that have the experience and infrastructure to get refugees out of the country and begin the process to immigrate to the U.S. You can provide financial support to the efforts of the United Nations High Commissioner for Refugees as they work to support Afghan refugees displaced to third countries in the region, as well as the International Refugee Assistance Project, which specifically works with Afghans who have assisted the U.S. military to obtain special immigrant visas.
- To support Minnesota refugee resettlement agencies help refugees restart their lives in Minnesota. With funding from the state Resettlement Programs Office, ILCM partners with local refugee resettlement agencies including Arrive Ministries, International Institute of Minnesota, Lutheran Social Services, and Minnesota Council of Churches. Each of these agencies, along with Catholic Charities in Rochester, accepts donations and volunteer assistance in helping refugees rebuild their lives in the U.S.
As the United States and Minnesota prepare for an influx of refugees, ILCM stands ready to provide the support that refugees will need once they arrive, including:
- Assisting Afghan refugees who arrive outside the formal resettlement process and who face the possibility of detention and deportation to obtain immigration status; and
- Representing Afghan refugees who have resettled in Minnesota with obtaining lawful permanent residence and citizenship.
Over our 25 year history, ILCM is proud to have supported many generations of refugees—from refugees of the conflicts in Southeast Asia to refugees of civil wars in East Africa to refugees of the dictatorship in Myanmar—to obtain permanent legal status in the United States and to fully participate in our democracy. In this moment, we support the efforts of all of our sister organizations on the front lines who are working tirelessly to help Afghan nationals escape from immediate danger, and we stand ready to take the baton and assist our newest refugees to permanently establish their home in Minnesota.
ICE Out Hennepin County Campaign secures important protections for immigrant arrestees at the Hennepin County Jail
Media Advisory from Decriminalizing Communities Coalition
August 5, 2021—The Hennepin County Sheriff’s Office (HCSO) has a long history of collaborating with Immigration and Customs Enforcement (ICE). This relationship has been oppressive and has targeted immigrant residents of Hennepin County. In 2018, Sheriff’s Office candidate David Hutchinson campaigned on ending HCSO’s ICE collaboration, which was a major factor in his election victory later that year. For the past four years, the Decriminalizing Communities Coalition (DCC) has been challenging Minnesota counties to protect immigrants from detention and deportation.
Since his election, Sheriff Hutchinson’s HCSO has reported over a thousand immigrants to ICE, with hundreds ending up in immigrant detention centers and facing deportation. Being thrust into the deportation system has devastating emotional, cultural and economic impact on immigrant families. In 2020 alone, HCSO sent at least 221 immigrants to ICE custody, and many more remain vulnerable to these transfers.
On June 9, 2021, HCSO issued “Administrative Directive 21-02” (attached) which states that HCSO will no longer honor ICE detainer requests, nor will they notify ICE when an immigrant is being released from the county jail. In a July 14 meeting with the DCC coalition, Sheriff Hutchinson and his staff said:
“With the exception of when ICE has a judicial warrant for a person’s arrest, we no longer talk to ICE. That is all in the past. But, we will allow ICE agents into the jail on request.”
“While we commend Sheriff Hutchinson and the Sheriff’s Office for stopping its practice of calling ICE about our neighbors, we are concerned that the Sheriff still grants ICE access to the jail. This practice puts people in the vulnerable position of having to advocate for their rights from inside a jail, often in a language that is not their strongest language. We urge the Sheriff to stop this practice.” – Veena Iyer, Executive Director, Immigrant Law Center of Minnesota, DCC member
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“ICE has a history of arresting and detaining immigrants at the county jails and courts creating fear and uncertainty. Immigration enforcement criminalizes Black immigrants, immigrants of color and the most marginalized of us cannot live freely. DCC is asking the Hennepin County Board of Commissioners and HCSO to immediately enact a “Separation Ordinance” that prohibits collaboration with ICE, U.S. Customs and Border Patrol, and any other federal agency with an immigration enforcement mission.” — Nekessa Opoti, Black Immigrant Collective, DCC member
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DCC includes over 30 community partners working at the intersection of immigrant and criminal injustice. Our collective seeks to end systems of oppression and the criminalization of Black, Indigenous, Latinx, Asian and Pacific Islanders. Ending all ICE collaboration in Hennepin County, including within HCSO, is key to this mission. Like “Decriminalizing Communities Campaign & Coalition” on Facebook for more information and updates on ICE Out. You can also learn more about the campaign and the coalition’s work at our website, https://decriminalize.squarespace.com/.
Fact Sheet: U Visa Certifications for Immigrant Survivors of Crime and T Visa Certifications for Immigrant Survivors of Trafficking
(Updated as of October 28, 2021)
On June 30, 2021, Minnesota Governor Tim Walz signed H.F. No. 63 into law. The bill will facilitate the U visa and T visa application process for immigrants who are survivors of serious crimes or trafficking in Minnesota. The U and T visas allow eligible survivors of crime and survivors of trafficking to remain in the United States and ultimately, to obtain a green card and citizenship.
What is a U visa?
Congress created the U visa in October 2000. The U visa encourages immigrant survivors of criminal activity to report that criminal activity without fear of deportation. U visas are available to survivors of serious crimes who assist law enforcement in the investigation and/or prosecution of criminal activity. U visa holders can temporarily remain and work in the United States (generally for four years). U visa holders can also usually apply for lawful permanent residence and citizenship. U visa holders can also apply for certain qualifying relatives to obtain the U visa.
What is U visa certification?
Part of the application process is certification by law enforcement. USCIS Form I-918, Supplement B is the U visa certification document that a federal, state, or local law enforcement agency completes for a survivor who is applying for a U visa. The U visa certification is required to obtain a U visa. In the U visa certification, the law enforcement agency states that:
- the applicant is a survivor of a qualifying crime;
- the applicant has specific knowledge and details of crime; and
- the applicant has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime.
The U visa certification can be initiated by the law enforcement agency itself or by the survivor of the crime. If initiated by the crime survivor, the assistance of an advocate or an attorney is highly recommended. If a law enforcement agency signs a Form I-918B, the certification must be returned to the U visa applicant (or their advocate, attorney, etc.). The law enforcement agency does not need to send the signed certification separately to USCIS. The applicant is required to send the original signed certification form, along with the applicant’s complete U visa application, to USCIS.
What is a qualifying criminal activity?
U visa protection is available for survivors who have suffered substantial mental or physical abuse as a result of any of the following crimes:
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*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
The crime must either have taken place in the United States or its territories, or violated a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court.
What is a T visa?
Congress created the T visa in October 2000 as part of the Victims of Trafficking and Violence Protection Act. The T visa is a temporary immigration benefit that enables certain survivors of a severe form of human trafficking to remain in the United States for up to four years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T visa holders can temporarily remain and work in the United States (generally for four years). T visa holders can also usually apply for lawful permanent residence and citizenship. T visa holders can also apply for certain qualifying relatives to obtain the U visa.
What is T visa certification?
Part of the T visa application process can be certification by law enforcement. USCIS Form I-914, Supplement B is the T visa certification document that a federal, state, or local law enforcement agency can complete for a survivor who is applying for a T visa. The T visa certification is not required to obtain a T visa, but it can provide evidence of the applicant’s cooperation. In the T visa certification, the law enforcement agency states that:
- The applicant is a survivor of human trafficking;
- the applicant has specific knowledge and details of crime; and
- the applicant has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime.
The T visa certification can be initiated by the law enforcement agency itself or by the survivor of human trafficking. If initiated by the survivor, the assistance of an advocate or an attorney is highly recommended. If a law enforcement agency signs a Form I-914B, the certification must be returned to the T visa applicant (or their advocate, attorney, etc.). The law enforcement agency does not need to send the signed certification separately to USCIS. The applicant is required to send the original signed certification form, along with the applicant’s complete T visa application, to USCIS.
How does H.F. No. 63 improve the U visa certification process?
H.F. No. 63 requires Minnesota law enforcement agencies to respond to a request for a U or T visa certification within 90 days of the survivor’s request. If the survivor is currently in removal proceedings the law enforcement agency must respond within 14 days.
Minnesota previously lacked a standard certification process for the U and T visas. This bill provides survivors of crime and trafficking with firm expectations of when they will obtain a response to a certification request. That also helps their U and T visa petitions move forward more efficiently.
H.F. No. 63 also requires law enforcement agencies to
- provide outreach to survivors of criminal activity to inform them of the certification process,
- keep a written or electronic record of all certification requests and responses, and
- implement a language access protocol for non-English-speaking survivors of criminal activity.
Is an active investigation required before a victim can request U visa certification?
No. U and T visa certification requires that a survivor has been helpful, is being helpful, or is likely to be helpful to law enforcement. This means that a survivor may request and obtain the certification before an active investigation, the filing of charges, or a prosecution or conviction have taken place or after the conclusion of the investigation or prosecution.
Get Help: The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.
Thanks to James Camoriano and James Holland of Stinson LLP for their assistance in preparing this fact sheet.
Click here for the printable PDF version of this fact sheet.
Tell Senators: Protect Dreamers NOW!
On July 16 2021, U.S. District Court Judge Andrew S. Hanen in Texas issued an opinion finding Deferred Action for Childhood Arrivals (DACA) illegal and barring the federal government from granting new applications. For the time being, current DACA recipients retain their protections, but their future is more uncertain than ever. The ruling once again puts the fate of Dreamers in limbo. The U.S. Senate holds the key to their future.
Tell Minnesota Senator Amy Klobuchar and Minnesota Senator Tina Smith to take action to create a permanent solution for Dreamers now.
Dreamers are undocumented immigrants who came to the United States as children. The United States is often the only home they have known. Dreamers serve in our military and contribute as teachers, health care providers, neighbors, and more. Together with their families, they make our nation a better place. More than 650,000 Dreamers have DACA already, including more than 5,300 Minnesotans. Tens of thousands of Dreamers have applications for DACA pending.
ILCM will be holding a Facebook Live event regarding this decision on Wednesday, July 21, at 5:00 p.m. CST. Please join us and share widely! This event will be in English and Spanish. Este evento será en inglés y español.
Over the next 10 years, Dreamers who currently have DACA will contribute an estimated $433.4 billion to the GDP, $60 billion in fiscal impact, and $12.3 billion in taxes to Social Security and Medicare if they can continue to work legally in the U.S. Dreamers have also been indispensable to our recovery from the COVID-19 pandemic: nearly 30,000 DACA recipients work in health care across the U.S, and nearly half of all Dreamers — around 1 million — work in essential industries.
Tell Minnesota Senator Amy Klobuchar and Minnesota Senator Tina Smith that Dreamers are essential members of our communities and they deserve a permanent solution.
Minnesota Senator Tina Smith has spoken out strongly in support of including a path to citizenship for Dreamers and essential workers in the budget reconciliation bill. In March, Democrats and a handful of Republicans in the House of Representatives passed the Dream and Promise Act, which would provide a pathway to earned citizenship for Dreamers as well as people with Temporary Protected Status.
Judge Hanen’s ruling shines a light on the fact that DACA has always been only a temporary solution. It is past time for Congress to act and provide certainty to Dreamers. Doing so will benefit not only Dreamers, but also those who depend on them: our communities, our churches, our businesses and our nation as a whole. We cannot keep leaving Dreamers in limbo, undermining their future in the only country many of them have called home.
Tell Minnesota Senator Amy Klobuchar and Minnesota Senator Tina Smith to work hard for a path to citizenship for Dreamers!
Decisión de la corte federal de Texas sobre DACA: Preguntas más frecuentes (Updated July 28, 2021)
Esta hoja está actualizada a partir del 28 de julio de 2021.
¿Qué se estaba cuestionando en este caso?
El estado de Texas y varios otros estados argumentaron que el Presidente Obama no siguió correctamente la Ley de Procedimiento Administrativo (APA) cuando creó DACA en 2012.
¿Cuál fue la decisión del tribunal emitida el 16 de Julio de 2021?
Un juez federal del estado de Texas, Andrew Hanen, estuvo de acuerdo con el estado de Texas y otros estados que iniciaron el caso. Encontró que el Presidente Obama no siguió la APA cuando creó DACA y por lo tanto encontró que el programa es ilegal. El juez ordenó que se terminara el programa. Ordenó que parte de su decisión entrará en vigencia inmediatamente y que parte de ella se se pausara temporalmente. Específicamente:
- Parte de su decisión inmediata: El juez Hanen declaró que DHS puede continuar aceptando la aplicación inicial, PERO DHS no puede dar el estatus DACA a estas personas.
- Parte de su decisión pausada temporalmente: El juez Hanen declaró que DHS puede continuar a procesar renovaciones de DACA sin importar cuándo se presentó. El juez Hanen declaró que esto sería permitido por un tiempo corto, pero no definido, para que el Presidente y USCIS pudrieran restablecer DACA de conformidad con APA.
¿Como puede este juez declarar ilegal a DAC cuando la Corte Suprema salvó a DACA el año pasado?
La respuesta es complicado y confusa. El año pasado, se la pidió a la Corte Suprema que respondiera una pregunta principal: ¿el Presidente Trump siguió los requisitos de la ley cuando terminó DACA? La Corte Suprema respondió que no. Pero, en ese caso, no se le pidió a la Corte Suprema que respondiera y no respondió la pregunta: ¿el Presidente Obama cumplió con los requisitos de la ley cuando creó DACA? En este caso de Texas, al juez Hanen se le hizo eesta pregunta y respondió que “no”.
¿Existe la posibilidad de que la decisión del tribunal se suspenda o se anule?
Si! Esta decisión puede y probablemente será apelada ante la corte de apelaciones y la Corte Suprema. Esos tribunales podrían tomar medidas temporales o permanentes para suspender o revocar esta orden. Para obtener la información más reciente en este caso, por favor consulte www.ilcm.org y las redes sociales de ILCM.
¿Ya tengo DACA. Cómo me afecta esta decisión?
Según la decisión, los titulares de DACA todavía tienen el estatus de DACA y pueden continuar renovando su DACA por ahora. Consulte con abogado de inmigración sobre su situación particular.
¿Soy elegible para DACA pero aún no he presentado mi solicitud inicial. Cómo me afecta esta decisión?
Según la decisión, USCIS aún puede aceptar aplicaciónes iniciales de DACA, pero USCIS no puede aprobarlas. Consulte con abogado de inmigración sobre su situación particular.
¿Soy elegible para DACA y envié mi aplicación inicial. Cómo me afecta esta decisión?
Las aplicaciónes iniciales de DACA están en espera. En este momento, no se aprobarán nuevas aplicaciónes de DACA. La decisión judicial impidió que USCIS aprobara nuevos casos de DACA. Esto significa que todas las personas que hayan presentado una aplicación inicial de DACA (es decir, aquellos que nunca tuvieron DACA y están solicitando por primera vez) y no han recibido una aprobación de USCIS tendrán su aplicación retenida. Esto se aplica a todos los casos inciales que no fueron aprobados antes del 16 de Julio de 2021.
¿Tenía DACA, pero mi DACA se venció. Cómo me afecta esta decisión? RESPUESTA ACTUALIZADA
Si envía una solicitud de DACA más de un año desde que expiró su última concesión de DACA o después de que se canceló su concesión de DACA más reciente (en cualquier momento), su solicitud se considera una solicitud inicial, no una renovación, de conformidad con la política de USCIS preexistente.
USCIS puede aceptar solicitudes iniciales de DACA, pero tiene prohibido aprobarlas mientras esta orden judicial siga en vigor. Se le enviará un aviso de recibo y se aceptará su pago. Sin embargo, la solicitud no se procesará más, de conformidad con la orden judicial.
Consulte con abogado de inmigración sobre su situación particular.
¿Tengo DACA y recibí Advance Parole. Cómo me afecta esta decisión?
Esta decisión no se refiere a Advance Parole. Consulte con un abogado de inmigración antes de decidir salir de los EE.UU.
¿Dónde puedo llamar si tengo DACA y quiero renovar?
Comuníquese con ILCM al 651-641-1011 los lunes, martes, y miércoles desde las 9am hasta last 4PM y los jueves desde la 1PM hasta las 7:30PM para asistencia.
¿Dónde puedo encontrar apoyo para la salud mental?
United We Dream ha creado un conjunto de herramientas para apoyar la salud mental. Consulte este sitio web para revisar sus recurosos: Mental Health Toolkit | United We Dream
Para obtener servicios de consejería, puede comunicarse con el centro de consejería sin cita previa para obtener servicios gratuitos (por teléfono o en línea). Consulte su sitio web para obtener información: https://walkin.org/counseling-services/locations-hours/
Si quieres una cita en espańol por favor llama a 612-870-0565 x 2.
¿Dónde puedo obtener más datos sobre DACA?
Puede consultar nuestro sitio web www.ilcm.org para obtener mas datos de DACA.
Haga click aquí para el archivo PDF.
Click here for the English version of this fact sheet.
Texas Court Decision on DACA: Frequently Asked Questions (7/19/2021)
This fact sheet was updated on July 28, 2021.
What was being challenged in this case?
The State of Texas and several other states argued that President Obama did not properly follow the Administrative Procedure Act (APA) when he created DACA in 2012.
What was the court’s decision issued on July 16, 2021?
Judge Andrew Hanen, a federal district court judge in Texas, agreed with the state of Texas and the other states that brought the case. He found that President Obama did not follow the APA when he created DACA, and therefore, he found that the program is illegal. He ordered that the program be ended. He ordered that part of his decision go into effect immediately and that part of it be paused temporarily. Specifically:
- Part of the decision effective immediately: Judge Hanen stated that DHS can continue to accept initial DACA applications, BUT DHS cannot grant DACA status to these applicants.
- Part of the decision that has been paused temporarily: Judge Hanen stated that DHS can continue to process and grant DACA renewals regardless of when they are filed. Judge Hanen stated this would be allowed for a short, but undefined amount of time to give the President and USCIS time to reestablish DACA in compliance with the APA.
How can this judge declare DACA illegal when the Supreme Court saved DACA last year?
This answer is complicated and confusing. Last year, the Supreme Court was asked to answer one main question: did President Trump follow the requirements of the law when he ended DACA? The Supreme Court answered that question “no.” But, in that case, the Supreme Court was not asked to answer and did not answer the question: did President Obama follow the requirements of the law when he created DACA? In the Texas case, Judge Hanen was asked this question and answered this question “no.”
Is there a possibility that the court’s decision could be put on hold or overturned?
Yes! This decision can and likely will be appealed to the appellate court and the Supreme Court. Those courts could take temporary or permanent action to put this order on hold or overturn it. For the latest information in this case, please check www.ilcm.org and ILCM’s social media.
I already have DACA. How does this decision affect me?
According to the decision, DACA holders still have DACA status and can continue to renew their DACA status for now. Consult with a qualified immigration lawyer about your particular situation.
I am eligible for DACA but I have not yet submitted my initial application. How does this decision affect me?
According to the decision, USCIS can still accept initial DACA applications, but USCIS cannot approve them. Consult with a qualified immigration lawyer about your particular situation.
I am eligible for DACA, and I submitted my initial application. How does this decision affect me?
Initial DACA applications are on hold. No new DACA first time applications will be approved at this time. The court decision blocked USCIS from approving any new DACA cases. This means that all people who have submitted a DACA initial application (i.e., those that never had DACA and are applying for the first time) and have not received an approval from USCIS will have their application held. This applies to all initial cases that were not approved before July 16, 2021.
I had DACA, but my DACA expired. How does this decision affect me? UPDATED ANSWER
If you submit a DACA request more than one year since your last grant of DACA expired or after your most recent DACA grant was terminated (at any time), your request is considered an initial request, not a renewal, pursuant to preexisting USCIS policy.
USCIS can accept initial DACA requests, but it is prohibited from approving them while this court order remains in effect. You will be issued a receipt notice, and your payment will be accepted. However, the request will not be further processed, in compliance with the court order.
Consult with a qualified immigration lawyer about your particular situation.
I have DACA and received Advance Parole. How does this decision affect me?
This decision does not address Advance Parole. Please consult with a qualified immigration lawyer before you decide to leave the U.S.
Where can I call if I have DACA and want to file to renew?
Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.
Where can I find mental health support?
United We Dream has created a tool kit to support mental health. Please see this website to review their resources: Mental Health Toolkit | United We Dream
For counseling services, you can contact the Walk-In Counseling Center for free remote (phone or on-line) services. See their website for information: https://walkin.org/counseling-services/locations-hours/ If you want an appointment in Spanish, please call 612-870-0565 x 2.
Where can I get more updates about DACA?
You can check our website at www.ilcm.org for further DACA updates.
Click here for a printable PDF version of this fact sheet.
Haga click aquí para la hoja de datos en Español.