On December 4, 2020, a federal judge in New York ordered the Trump Administration
to restore the DACA program to the way it existed prior to September 2017, the date
the Trump Administration sought to terminate DACA, in a case called Batalla Vidal v. Wolf.
As a result of the ruling in New York, the DACA program currently exists the way it did
when it was first created under the Obama Administration in 2012. This means that the
government is now accepting first-time (initial) DACA applications, renewal DACA applications,
and advance parole requests. Individuals granted DACA will continue to have two-year EADs
(employment authorization documents). The court also ordered the government to extend to two
years EADs that were issued for one year.
USCIS issued letters in January 2021 to individuals who had been issued a one-year EAD stating
that they have been extended to two-year EADs, and that they will be receiving a new EAD no
later than 30 days before the unlawful expiration date of their current EAD. Please click this
link for more information.
On his first day in office on January 20, 2021, President Biden signed an executive order entitled
“Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA),” memorializing his
Administration’s intent to protect DACA. You can read the full language of the executive order here.
Unfortunately, the future of DACA is not yet secure. A case called Texas v. United States
filed in 2018 challenges the legality of DACA, and seeks a ruling that the original 2012
DACA memo is unlawful. This could result in termination of DACA. The case remains undecided
before U.S. District Court Judge Andrew Hanen. A ruling could come any day. MALDEF
(The Mexican American Legal Defense Fund), has been closely involved in the case. You can visit
their website for more information here.
NWIRP will also provide any updates on this page.
NWIRP’s Free Monthly DACA Clinics: NWIRP offers free monthly virtual
DACA clinics to assist clients seeking to renew their DACA status. Due to the
current COVID-19 crisis, all clinics remain virtual at this time. To secure a
spot in one of our virtual DACA clinics, call the DREAMLine (1-855-313-7326)
from 9am-5pm Monday through Friday. Please contact us at least six months
before your DACA status is set to expire to minimize the risk of a lapse in your
DACA status. (Please note that NWIRP is not assisting with initial DACA
applications at this time.)
How to Complete A DACA Renewal
This video from the ILRC details how to complete a DACA renewal application packet
by walking through the various forms’ questions to highlight what they mean and focus
on areas worth paying close attention to.
DACA Application Forms
This is the USCIS webpage containing the forms you will need to complete to apply for DACA.
If you cannot afford the fee to renew your DACA status, there may be
organizations that can help you. At the present, the Mexican Consulate
in Seattle is providing financial assistance with the DACA application
fee for Mexico nationals. Please send an email to firstname.lastname@example.org,
including your name, telephone and copies of the following documents:
Mexican birth certificate, identification form (passport, consular document
or state ID), and a letter from an attorney or nonprofit organization
verifying eligibility for DACA (or a copy of your work permit and DACA
documents if you are requesting a DACA renewal).
General DACA Information
ILRC's DACA Toolbox This is a resource where you can access answers
to questions related to DACA.