Immigration laws surrounding the Deferred Action for Childhood Arrivals (DACA) program has been ever-changing over the past few years. In June of this year, the Supreme Court rejected the current administration’s 2017 attempt to terminate DACA. The following month, a federal court in Maryland further directed the administration to continue accepting new applications. Less than two weeks later, renewal permits were reduced from two years to one and preventing new applications.
However, last month federal Judge Nicholas Garaufis restored the DACA program as it was in 2012. Confusing? Yes, we know. So what does that mean for millions of undocumented individuals across the U.S? We decided to ask the experts!
Mariam Masumi Daud is an immigration attorney and the owner of Johnson & Masumi, P.C., a boutique immigration law firm in the Washington D.C./Metropolitan area. She has been practicing immigration law for 10 years and provides immigration legal services in a variety of immigration cases.
The recent news of DACA being restored is exciting. For those who aren’t familiar could you give us more insight into what that means for undocumented people in the USA?
This finally brings back a sense of security for so many undocumented people who have been at the forefront of an immigration battle for the last couple of years. The restoration of DACA means that people who never got the opportunity to apply for DACA can now apply for the first time, giving them a chance at obtaining work authorization and protection from deportation.
What advice could you give to a first-time applicant of DACA? To those who are hesitant or afraid during these unprecedented times?
It is undoubtedly nerve-wracking to apply for any immigration benefit during a tense time in which so many immigration programs that protect people have been under attack. Nonetheless, over 800,000 people have DACA today!
If you are in the fortunate position to be eligible for DACA right now, I would urge you to renew. There is no telling how long DACA will last, so it is an opportunity that you should take advantage of. Also, if you are worried about providing your information to the U.S. government, USCIS has generally stated that information provided in DACA requests will not be proactively provided to other law enforcement entities for the purpose of immigration enforcement proceedings unless there are concerns that the applicant poses a risk to national security or public safety.
It is also important to know that applying for DACA and sharing your information does not automatically mean that you can be deported. Unless you have a prior order of removal, you have the right to appear in removal proceedings before an immigration judge. These due process rights are a form of protection and should give DACA applicants some peace of mind that this process exists.
Could you give details on what to expect from the process?
When filing for DACA, it is important to be sure that you are eligible. You will need to ensure that the Form I-821D, Application for Deferred Action of Childhood Arrivals, is submitted to the U.S. Citizenship and Immigration Service with appropriate supporting documentation confirming your eligibility, as well as the government filing fee. You can also apply for your work permit through Form I-765, Application for Employment Authorization Document.
You also need to submit Form I-765W, Worksheet, demonstrating your economic need to work. If eligible, you can also submit a Form I-131, Application for Advance Parole, which will permit travel outside of the U.S. if you can establish a humanitarian, educational, or employment need. Once submitted to USCIS, it will take a few weeks for them to send you a receipt notice, confirming that your application has been accepted. You will also receive a biometrics notice, asking you to appear to have your fingerprints taken.
It will take some months before you obtain a final decision on your case. If approved, you will receive an approval notice and a work permit that is valid for 2 years.
There is so much to think about. But what are the MOST important factors dreamers should be thinking about?
First, you want to make sure that all of the information on your DACA application is true and correct. Putting incorrect information can have serious immigration consequences. Also, you want to make sure that you have submitted all of the evidence necessary to establish your eligibility.
Not sending a complete application can result in a denial outright, which also means that USCIS can keep the filing fees that you paid to them. You also need to know that DACA can be terminated if you do something that disqualifies you for the program, such as getting in trouble with law enforcement. DACA is not official legal status, but merely permission for work authorization and protection from deportation. As such, if you do have issues with law enforcement while on DACA, it is important to speak with an immigration lawyer.
I always strongly recommend speaking with an immigration attorney about your particular case before submitting a renewal DACA application. Not only can they assess your eligibility for DACA, but an immigration attorney can conduct a full legal screening to help you understand potential eligibility for other forms of immigration relief.
Ms. Masumi graduated from the University of Baltimore School of Law, where she obtained her JD. She obtained her BA in Government and International Relations from George Mason University. In addition to practicing before the various immigration agencies and courts, Ms. Masumi is admitted to practice law in the State of Maryland, as well as before the Fourth Circuit Court of Appeals and the United States District Court for the District of Maryland.
We would like to thank Ms. Masumi and Johnson & Masumi, P.C for all they do for immigrants across the United States. For information on other services please visit their website or follow her Instagram page for up-to-date information on many immigration topics.
