Frequently Asked Questions

University of California Immigrant Legal Services Center DACA Post-Northern District of California Injunction Frequently Asked Questions (FAQ)

Read the January 10, 2018 Announcement

The FAQs below are informational and do not constitute legal advice. Each individual case is different,and advice may vary depending on the situation. Further, the information is changing on a daily basis. If you have any questions about your case, please contact a Center attorney for a consultation as soon as possible.

DACA

  1. I thought DACA was rescinded. What happened in court?
  2. Does this mean I can apply for the DACA renewal now if I meet the eligilbility requirements? If so, how do I apply?
  3. When should I renew my DACA considering what is going on in the courts?
  4. Can I apply for DACA if it expires more than 150 days from now? 
  5. Can I apply for DACA now if I have never applied before?
  6. Can I apply for DACA now if it has been more than one year since my last DACA expired?
  7. Have the DACA eligibility requirements as ordered by the Court changed in any way?
  8. Can I apply for Advance Parole?
  9. Can I get help with filing for my DACA Renewal?
  10. I am a current DACA recipient. What will happen to the information I provided on my DACA application(s)? 

Contact with Immigration Enforcement 

  1. What is important to know when considering travel within the U.S.?
  2. What can I do if I come in contact with ICE?
  3. What can I do to keep my family safe?

UC Immigration Legal Services Center Contact Information

Office Phone: 530.752.7996

DACA Answers

  1. On January 9, 2018, a federal judge in Northern California ordered the U.S. government to temporarily resume accepting DACA renewal applications for anyone who has ever been granted DACA. This court order temporarily blocks the U.S. government’s decision to terminate the DACA program, which happened on September 5, 2017. The order applies nationwide. On February 13, 2018, another federal judge in New York made a similar order that also required the U.S. government to temporarily continue accepting DACA renewal applications. On February 26, 2018 the Supreme Court denied the U.S. government’s request to make a decision on  the legality of the first temporary order allowing DACA renewals to continue. This means that the U.S. government will continue accepting and processing DACA renewal applications until a court decides to lift the injunction in either the California or New York lawsuits. Please see Question 3 for more information on timing. On March 5, 2018, another federal judge in Maryland ruled that the Trump Administration has the authority to rescind DACA. However, the two injunctions from the California and New York cases remain in effect nationwide despite this Maryland decision. This means that, as of this writing, the Maryland decision should not affect the ability to apply for DACA renewal.The Ninth Circuit Court of Appeals granted the government’s request to speed up parts of the hearing process for the California DACA case and the hearing is scheduled for May 15, 2018. It is not clear how long after this oral argument a decision will be made about whether or not DACA Renewals will continue to be accepted. Even if there is a decision in May that stops DACA Renewals from being accepted, the nationwide injunction in the New York case should stay in effect and allow USCIS to continue accepting renewals. Back to questions
  2. Yes. On January 13, 2018 USCIS updated its website, posting guidance on the process for renewing DACA applications after the Court Order. USCIS will again accept the same forms and filing fees as prior to September 5th, 2017 – to file for a DACA Renewal you will need submit the following:
    • Form I-821D
    • Form I-765
    • Form I-765WS
    • A front and back copy of your current Employment Authorization Document
    • Check or money order for $495 made to "U.S Department of Homeland Security"
    • 2 passport-style photos
    • Any other documents as required by the instructions associated with each form.
  3. You can still submit your request to renew your DACA until the courts decide otherwise, so long as you remain eligible for DACA. There is no way for us to know for sure how much time you have left to file your request to renew your DACA. Because the DACA cases will now go through the normal appeals process instead of being reviewed by the Supreme Court, there may not be another decision affecting DACA Renewals for several months (possibly even a year).We still recommend that you file your renewal request at least 120 days (about 4 months) before your DACA expires. You do not have to wait until 150 days (5 months) before your DACA expiration date to submit your request to renew DACA. Regardless of when your DACA expires, USCIS will process your renewal request. However, you may not want to file your renewal request now if your DACA will not expire for a very long time. Below are some factors to consider if your DACA expiration date is beyond 150 days. We recommend that you talk this through with a Center attorney: Pros
    • If you get your application in before any further movement in courts that terminates the option to renew, there is a higher chance that your renewal request will be processed.
    • If USCIS approves your renewal request, you will have your DACA and EAD (work permit) at least beyond 2019 and into 2020 rather than them expiring later this year or in 2019.
    Cons
    • If USCIS rejects your application for being filed too early, then you may lose your $495 filing fee. However, we have not seen this happen since the January 9th injunction, even for DACA renewals where the expiration dates are early 2019.
    • If USCIS processes your renewal request normally, then your new EAD will begin its 2-year period from the approval date. This means that your new EAD may not allow you to work with authorization for a full 2 years after your current EAD expires:
      • Example: Your DACA/EAD expires in January 2019. You decide to submit your renewal request this month (March 2018). Your case is very simple and it only takes USCIS a month to approve your request. Your new DACA/EAD will be valid from April 2018 to April 2020, not January 2019 to January 2021.
    Back to questions
  4. Maybe.The USCIS guidelines posted on January 13, 2018 do not mention whether or not they will
    process DACA Renewal applications from individuals with DACA expiration dates more than 150 days after the date of submission. It is possible that USCIS may prioritize DACA renewals for those with less than 150 days remaining on their DACA grants. The National Immigration Law Center advises that
    individuals who wish to renew their DACA more than 150 days in advance be aware that their application "may be either rejected or accepted but deprioritized, and that while they are waiting for their case to be processed, the option to renew may end and they may not be able to get their $495 fee payment back"
  5. No. In its newly posted guidance, USCIS has stated that it will not accept initial DACA application from potential first-time applicants. See here for more information  Back to questions
  6. Yes. If you have received DACA before but it expired before September 5, 2016 and you did not renew, then you may renew your expired DACA by filing an initial DACA application with supporting documents that establish you are eligible for DACA. Please consult with a Center attorney for support with your DACA application.If your DACA expired on or after September 5, 2016 but you did not renew, then you may renew your expired DACA by filing a renewal DACA application (please see Question 2).
  7. No. Based on the Court’s Order, the eligibility requirements for DACA have not changed. However, that does not mean that it is safe for everyone to renew their DACA. The circumstances listed in the bullet points below could trigger enforcement action - it is very important to consult with an attorney if any of the following applies to you:
    • You have had any contact with police or the courts, including arrests, convictions, or any other criminal issues;
    • You have had any contact with immigration authorities, including detention, deportation, or removal from the United States; or
    • You have moved and changed your address since your last DACA application.
  8. No. In its newly posted guidance, USCIS states that it will not accept or approve requests for Advance Parole. If you apply for Advance Parole now, your application will be rejected and you may lose your filing fee. See
  9. Yes! Please contact your campus attorney to get help.Back to questions
  10. Even though the original DACA program promised that information would not be shared with ICE, we do not know if the new administration will maintain that promise.

Contact with Immigration Enforcement Answers

  1. While flying, you could be asked by airport security to provide proof of your immigration status. Airports are “ports of entry” into the U.S. – there are Customs and Border Protection (CBP) officers at airports, and constitutional protections are limited at ports of entry. U.S. domestic flight security is governed by the Transportation Safety Administration (“TSA”), which is part of the Department of Homeland Security. If you are traveling by air or land within 100 miles of any U.S. border, CBP officers have certain additional powers and can operate immigration checkpoints. Please see the American Civil Liberties Union's (ACLU) fact sheet on risks present within the “100-mile border zone.”5 If you currently have DACA and it has not expired, you should be able to travel within the U.S. via plane or other forms of transportation using a current, valid California state ID card, driver's license or your EAD card. You may be asked questions about your immigration status if you use a document that shows your country of citizenship (such as a non-U.S. passport or EAD card). Please note that an AB 60 license is not accepted as identification for federal purposes, including as identification for air travel. See here for more information
  2. The U.S. Constitution guarantees rights to all people in the U.S., regardless of citizenship status, which includes the right to be free from unlawful searches and seizures. In practical terms, that means that during a police or immigration officer encounter:
    • You have the right to remain silent;
    • You should stay calm and be polite;
    • You should not lie about your citizenship status or provide fake documents;
    • You do not have to sign anything (if you sign, you may be giving up your opportunity to stay in the U.S.);
    • If immigration comes to your home, you do not have to open your door unless an officer has certain kinds of warrants and you should ask the officer to slip the warrant under the door or hold it up to a window so you can inspect it;
    • If you are taken into immigration custody, you have the right to a lawyer (however, please note that the government does not have to provide one for you);
    • Additionally, if you are in immigration custody, you have the right to contact your consulate.
    You can carry the UC Know Your Rights card and/or the Immigrant Legal Resource Center’s “red card” with you to read your rights in case of contact with ICE, Available at https://www.ilrc.org/red-cards (available in English and Spanish). To read more about your rights, please see the National Immigration Law Center's resources, Available at https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/. For multi-
    lingual Know Your Rights materials please see: http://www.immdefense.org/ice-home-and-community-arrests/. 
  3. You can help them develop a safety plan, as well as inform them of their rights. Please see the Immigrant Legal Resource Center’s family preparedness plan, available at https://www.ilrc.org/family-preparedness-plan.

Back to questions