The Deferred Action for Childhood Arrivals (DACA) is an Executive Order that offers temporary protection from deportation and a renewable two-year work permit to eligible undocumented immigrants who came to the U.S. as children. While this program enjoys broad bipartisan support, the Trump administration has been attempting to restrict access to it.
Earlier this year, USCIS issued a policy alert that suggests a more restrictive approach to DACA and other deferred action programs. In that alert, the government downplayed the reliance that many people have on DACA, claiming that nobody has a right to Deferred Action and their reliance is “outweighed by the US government’s strong interest in ensuring the integrity of the immigration system.” While the impact of this policy alert isn’t yet clear, it is an indication that USCIS is taking a more restrictive approach to DACA, and that eligibility criteria for DACA may not always be sufficient for people to receive DACA status.
Here are some of the recent changes that are impacting DACA recipients, and resources for support.
DACA Renewal Delays
Recent information indicates that USCIS is taking longer to process renewals, potentially because they have reinstated the requirement for biometric appointments, a step that was paused during the pandemic. Late filings for renewals might take longer for approval.
Attorneys recommended that DACA recipients apply between 120 and 150 days before your current DACA and Employment Authorization Document (EAD) expire. You can use the National Immigration Law Center’s DACA Renewal Calculator if you are unsure of your timeline.
If you’ve already sent your renewal application, you can check your case status online at the USCIS website. Be sure to keep records of when you applied, and document the timeline.
If your renewal is delayed, you can submit an inquiry with USCIS via e-request at egov.uscis.gov/e-request or by calling 1-800-375-5283.
If your renewal has been pending for more than 105 days since the receipt notice, you can contact your Congressional representative and ask them to inquire about your case. You can find your Congressional representative on the House website. If you live in Illinois, you can also reach out to the office of Senator Durbin and Senator Duckworth for assistance.
If you live in Illinois and need assistance to renew your DACA, contact the ICIRR Family Support Hotline at 855-435-7693. They can connect you with assistance, and they also offer scholarships to help cover renewal fees and can connect you with a nearby organization for assistance. Here are some other resources:
- The National Immigrant Justice Center (NIJC) offers regular DACA renewal clinics. Visit the NIJC website for a list of upcoming workshops.
- The Resurrection Project also offers free legal assistance. Visit the TRP website to make an appointment for an upcoming Immigrant Justice Legal Clinic.
Driver’s Licenses
Delays in DACA renewals are also causing some DACA recipients’ driver’s licenses and Real IDs to expire. The Illinois Secretary of State (ILSOS) has issued guidance for DACA recipients in the event that renewal delays impact their license or ID.
If your work permit or REAL ID expires before your renewal is approved, you can obtain a Standard Driver’s License, which is valid for four years and will allow you to continue driving legally. Applicants can apply as soon as their Real ID expires. Book an appointment online, and select “Replace my DL or ID Card.”
Applications for a standard Driver’s License costs $30. No social security number is needed. You can find a list of documents needed at the ILSOS website.
A Real ID is a Driver’s License or State ID that is required to be able to fly domestically (otherwise TSA will charge a $45 fee for identity verification). Unlike standard driver’s licenses, it is only valid for two years based on your work permit. You can learn more about the TSA ID confirmation process before your flight by visiting the TSA website.
Once you obtain your renewed work permit, you can convert your standard driver’s license back to a REAL ID for a $5 fee. You can apply for a REAL ID at any DMV or at the REAL ID Supercenter. Make sure to to bring the documents needed, which you can find at the ILSOS website.
Advanced Parole
In addition to delay renewals, a recent Board of Immigration Appeals on Advanced Parole may impact those with DACA status. As of August 13th, leaving and re-entering the US on Advance Parole is no longer an option for those with over 180 days of unlawful presence—which includes basically all DACA recipients.
Before this decision, departing and returning on Advanced Parole did not trigger admissibility bans, as long as the person returned on time. This gave DACA recipients an opportunity to obtain lawful admission under advanced parole, by being inspected and admitted at the border. Lawful admission is one of the biggest barriers to achieving legal status, so this decision makes adjustment of status a possibility for those who originally entered without inspection (many of whom entered as children, and had no choice in that decision).
Moving forward, departing on Advance Parole is not advised for anyone with significant unlawful presence, including DACA recipients. Anyone who took a trip outside the country on Advanced Parole before this decision should not be affected.
Get Screened for Other Forms of Relief
If you are a DACA recipient, immigration attorneys recommend getting screened for other forms of immigration relief as soon as possible. Find an immigration attorney or Dept. of Justice Accredited Representative to see if you are eligible for family-based relief, adjustment of status, humanitarian relief, or employment-based relief. You can find a list of free or low-cost immigration attorneys below: