On February 26, 2018, the U.S. Supreme Court unanimously denied the Trump administration’s request to review the legality of the DACA program. This means the two federal court injunctions that currently allow immigrant youth to renew their DACA are still in place. NIJC continues to recommend that those who had DACA in the past or currently have DACA seek immediate legal assistance and, if eligible, immediately renew their DACA status. See below for more guidance.
Community Advisory on DACA (3/1/2018)
On January 9, 2018, the Federal District Court in the Northern District of California issued a Preliminary Injunction requiring the federal government “to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017.” Similar decisions stemming from other lawsuits against the Trump administration have followed in other U.S. federal district courts. In light of these developments, NIJC advises the following:
- It may be in the legal interest of DACA recipients to file renewals in the very near future. DACA recipients who wish to file renewals should consult with lawyers or accredited representatives as soon as possible to determine whether they should apply.
- Potential applicants should be aware that the opportunity to file DACA renewals may be very short. A higher court could suspend or overturn this order, the government could issue a new statement terminating DACA, and/or Congress could change how immigration laws apply to DACA recipients. These changes could happen in the coming days or weeks and could end the ability to file DACA renewals. Although the Supreme Court declined to grant the Trump administration’s request to hear the case on February 26, 2018, the case remains pending at the Ninth Circuit Court of Appeals.
- If your DACA expired ON or AFTER September 5, 2016 you can submit a DACA renewal application. If your DACA expired BEFORE September 5, 2016 or was previously terminated, you can submit a new initial DACA application.
- March 5th was the original deadline set on September 5, 2017 on which the DACA program would begin to phase out. However, because of the preliminary injunction, DACA renewals will continue to be accepted by U.S. Citizenship and Immigration Services until a decision to the contrary is reached by the courts.
DACA recipients with current or expired DACA benefits may contact NIJC to schedule a DACA consultation by calling 312-660-1370 or emailing firstname.lastname@example.org. DACA recipients eligible to renew their DACA may also sign up for NIJC's upcoming free DACA renewal clinics.
Frequently Asked Questions
Know Your Rights
About DACA and Employment, National Immigration Law Center
DACA Information & Resources (including renewal workshops in Chicago, DACA fee assistance, impact on social security numbers and driver’s licenses), Illinois Coalition for Immigrant and Refugee Rights
Community Advisory: What Do I Need to Know about the End of DACA?, Immigrant Legal Resource Center
Demand that members of congress take action to pass the bi-partisan DREAM Act that provides legal status for immigrant youth and does not jeopardize the safety and livelihood of other immigrants in the United States. Act now.