As we approach the end of a very challenging year for our immigrant population, we are happy to share some good news. On Friday, December 4, 2020, New York federal judge Nicholas Garaufis ordered the federal government to restore the Deferred Action for Childhood Arrivals (DACA) program to its original state.

Current or Former DACA Recipients

• Can continue to apply to renew their DACA status.

• Will continue to receive DACA protections and benefits (ex. deportation protection and work permits).

• Who were issued a 1-year work permit in the last year, will be automatically extended by USCIS (U.S. Citizenship and Immigration Services) to 2 years.

New DACA Applicants

• Those who meet the eligibility requirements may apply for the initial DACA application. Check out Steps to Apply for DACA for the First Time to learn more.

Advance Parole

• DACA recipients are able to apply for permission to travel outside of the United States for specific reasons. Advance Parole (i.e., permission to re-enter the United States) will only be granted for humanitarian, educational, and employment purposes. Below are examples of each purpose:

• Humanitarian: travel to visit a sick relative, medical assistance, funeral services, other urgent family-related matters

• Educational: study abroad programs through school or academic research

• Work: conferences and trainings, meetings, overseas assignments, and meetings

• Important: Advance Parole application must be approved BEFORE traveling outside of the United States. Being granted Advance Parole does not guarantee re-entry. It is important that you speak with an immigration attorney to understand your situation before traveling outside of the United States (resources available below).

• Please also keep in mind that there are travel restrictions due to the COVID-19 pandemic.

Take Action 

DACA was never intended to be a long-term solution and the majority of undocumented people are not eligible for the protections and opportunities afforded by the DACA program. Reach out to your representatives in Congress to urge them to pass immigration reform that will enable undocumented youth and their families to thrive in the United States.

Please reach out to a trusted legal service provider to learn how the changes to the DACA program may impact you. You can find a legal service provider at Immigrationlawhelp.org or ailalawyer.com. Our Alliance Advocacy team is happy to provide information and resources for those seeking additional support. Please visit the Advocacy Intranet page for more details.