DACA – To file or not to file DACA filings?

USCIS accepts DACA file or not file

The legal battle surrounding DACA filings has been constantly fluctuating. Following the June 2020 USCIS Supreme Court decision ruling that USCIS decision to eliminate the DACA program because they did not follow standard administrative procedures. Subsequently, the Supreme Court remanded the case to the lower US Federal Court, Maryland District.

On July 17, 2020 the Maryland Federal Court ruled that USCIS needs to continue to accept new DACA applications, while being barred from referring DACA information to ICE. Since the Supreme Court decision and Court Order by the Maryland, USCIS has been largely silent on the matter. The only response is that they disagreed with the decision leaving Dreamers confused in whether to submit a new DACA application.

USCIS accepts DACA filings

On Friday July 24, 2020, USCIS is reported to be accepting “new” DACA filings and categorizing the new DACA filings as “pending”. In other words, USCIS is continuing to accept DACA renewal applications, but for new DACA applications, USCIS is essentially sitting on the Applications while they evaluate whether they are going to reattempt to end the DACA program. To add to the confusion, President Trump has stated he intends on providing DACA recipients a path to citizenship in an Executive Order.

Risks vs. Benefits of new DACA filings

So, if you never had DACA before, should a new DACA application be submitted? It’s a judgment call. Based on the Federal Maryland District Court’s order, the USCIS should not share DACA information with ICE. Perhaps some of the immigration risk may be reduced. In other words, unless a recipient has criminal or other immigration concerns other than unlawful presence, perhaps the primary risk is financial (as well as stress/emotional) risk.

If the risk of removal is reduced because of the Court’s order against sharing information with ICE. The removal proceedings risk, as well as financial risk should be evaluated against the upside of having a deferred action and employment authorization.

Contact a Chicago Immigration lawyer for your DACA filings

To analyze your options, we recommend discussing the pro’s and con’s of your situation with an experienced immigration lawyers. Our Chicago immigration attorneys are experienced in helping Dreamers and young immigrants like you to navigate this ever-changing DACA application process.