On Saturday, January 13, US Citizenship and Immigration Services (USCIS) announced that it will resume accepting DACA applications from immigrants who had previously been granted DACA. This announcement implements a ruling by a federal judge in San Francisco in a group of lawsuits brought by the University of California, several states, a number of DACA recipients, and other plaintiffs.
The Administration announced on September 5, 2017, that it was ending the DACA program. USCIS stopped accepting DACA applications from new applicants on that date. It also provided a 30-day renewal window (ending October 5, 2017) for immigrants whose DACA expired between that date and March 5, 2018.
Under the January 13 announcement:
- Anyone whose DACA is current or expired on or after September 5, 2016, can file a renewal application.
- Anyone whose DACA expired before September 5, 2016, or whose DACA was terminated, can file a new initial application (which requires more documentation).
- If someone had not previously applied for DACA, that person cannot apply now.
- No DACA grantees can apply for advance parole to return from travel outside the US.
The USCIS announcement is posted here. This announcement is subject to change: the Administration has already announced that it will appeal the federal court ruling, which could be overturned or stayed by a higher court.
Please see the upcoming events page on ICIRR’s website for a list of DACA workshops.
This ruling in no way takes away from the need for a permanent solution to the plight of younger immigrants who are vulnerable to deportation despite growing up in the US. Please visit ICIRR’s Rise Up page to get involved in advocating for the DREAM Act and other policies to protect immigrants and refugees.
The DHS FAQ on DACA can be found here.
After your DACA expires: Impact on work, Social Security Numbers, and Illinois driver's licenses
- You have the right to work legally until your work permit’s expiration date.
- You have no obligation to inform your employer that you benefit from DACA. Your employer does not have the right to ask you whether you are a DACA recipient or how you got your work permit.
- Your employer does not have the right to fire you, put you on leave, or change your work status until after your work permit has expired. If your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it is expired.
- Your Social Security Number is valid for life, even after your work permit and DACA approval expires. You can and should continue to use the SSN you got under DACA as your SSN even after your work permit expires. You can use your SSN for taxes, education, banking, housing and other purposes.
- In Illinois, immigrants can get regular driver’s licenses if they have can provide SSNs and are currently eligible for an SSN. So long as your work permit is valid, you will be eligible for an SSN and therefore eligible for a regular license. Under new Illinois laws that took effect in 2016 and 2017, anyone applying for an initial regular driver’s license now must provide proof of immigration status. Any such licenses will expire on the same date that the applicant’s status or work permit expires. In other words, if you have DACA and an SSN and you are applying for a license for the first time, you can get a regular license, but that license will expire on the same date as your work permit.
- After your work permit ends, you can apply for a Temporary Visitor Driver’s License (TVDL), which will be valid for three years. TVDLs are visually distinct from regular licenses and are not valid for identification purposes. For more information on TVDLs, please visit the Illinois Secretary of State’s website, http://www.cyberdriveillinois.com/departments/drivers/TVDL/home.html.
You can watch our Facebook townhall on DACA here.
Please visit our Events page for a listing of upcoming DACA information sessions and workshops.
Please visit our Protection page for links to legal, mental health, and other community resources.
You can text "DACA" to (630) 524-4106 to get more information regarding legal and community resources near you.
Our Family Support Hotline is available to provide information, referrals, and live responses to deportation-related crises, including consultations with mental health professionals: 855-HELP-MY-FAMILY (855) 435-7693.
ICIRR is working with directly affected individuals, allies, and program partners to plan information sessions and workshops to assist individuals who can and want to renew their DACA. We are also planning outreach to members of Congress to push for legislation that will offer protection for all immigrants who are subject to deportation. To get involved, please sign up below.