Guidelines for Prospective DACA Applicants

We are hearing that the Trump administration is thinking about ending the Deferred Action for Childhood Arrivals (DACA) program soon.

Our current recommendation is that people DO NOT apply for initial or renewal DACA at this time.

We don’t know what to expect from this administration. We must prepare for all possible scenarios including the possibility that:

1. Trump’s administration ends the DACA program abruptly, announcing that all previously issued work permits and DACA issuances are invalid immediately.
2. Trump’s administration allows those who already have DACA and a work permit to keep them until they expire on their own. No new applications will be accepted.
3. Trump’s administration announces that DACA will end on a certain date (perhaps until the end of the year) and perhaps applications will be accepted until a certain date.

Despite the uncertainty, we also believe that everyone has the right to self-determination, especially in a moment like this. Below are some things to keep in mind if you choose to move forward with a renewal or initial application.

1. Consult with an immigration attorney or a Board of Immigration Appeals (BIA) accredited representative. Discuss your options with them and if you decide to apply, be sure to have them sign a Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) and submit it with your application so they will be able to assist you throughout the process.
2. It takes time for a DACA application to be processed. If you apply for DACA today, it takes up to three months or more to process a DACA application. If the program is ended, we do not know what USCIS will do about pending applications.
3. Save up. There is no guarantee of getting your application fee back. If you decide to send in your application make sure it’s the right amount of $495 for the application fee, Make a copy of the money order and keep in mind that there is no guarantee that it will be returned to you if the program ends.
4. We do not know if USCIS will share information with other agencies. We do not know how USCIS will treat the information they have on DACA applicants if the program ends.

Come what may — We have each other. Hope this info helps you and your loved ones make the best choices. We got your back.

From National Immigration Law Center and United We Dream.