An endless DACA fight

Many of DACA’s beneficiaries, organizations, and lawyers working to defend immigrant rights reacted with joy a few weeks ago to the court’s new decision to protect DACA. It really seemed like a victory, but this week we discovered that it was, rather, a victory with conditions.

 

What is the situation with DACA dreamers?

Not long ago, dreamers watched a Maryland federal judge, Paul Grimm, issue an order to prevent postponement and restore all DACA applications to full function.

Although the United States Supreme Court recently ruled against the elimination of the Deferred Action Program for Childhood Arrivals (DACA), we need to protect existing dreamers and all those who are conducting requests right now.

Throughout the past eight years of the DACA program, more than 800,000 people had their applications approved. Since March, we know more than 640,000 are still active. The rest were not renewed or, in many cases, they obtained a new legal status that allowed them to stay in the United States.

 

New turn back for Daca

It’s been a little more than a month since the Senate ruled against the suspension of the DACA program, but the Trump Administration has continued implementing anti-immigration policies and, in this case, they affect the future of more than 700,000 dreamers who are benefiting from the DACA program. According to the latest news, the Trump Administration will no longer accept new applications. Renewals will be limited to the program created by Obama, which protects undocumented immigrants who came to the U.S. as children from deportation. 

According to the secretary of the Department of Homeland Security (DHS), these are the measures that are to be addressed and implemented as a priority for the DACA program:

  • Reject all initial DACA requests and associated requests for employment authorization documents;
  • Reject new and pending applications for advanced parole in the absence of exceptional circumstances; and,
  • Limit the period of renewed deferred action granted in accordance with DACA policy after the issuance of this memorandum to one year.

 

Lies like “I am going to work with many DACA people” or “we are going to make DACA and the people and representatives of DACA happy because we are going to end a fantastic merit-based immigration system”, show that the Trump Administration is playing with the feelings of thousands of dreamers who have rights to remain in the United States. The situation is incredibly unfair. 

The DACA program has not ended. As we said earlier, we are currently experiencing a situation where new applications are not being accepted and renewals are being limited. A comprehensive review of the program is underway to justify the liquidation of DACA, its illegality and the negative effects it is causing the country.

The Trump administration’s announcement also states that all pending or new applications for Advance Parole, which allows DACA recipients to leave the country and potentially re-enter, will be rejected. Advanced parole right now can be a dangerous and risky option.

 

Advance Parole: a risky way to Daca travelers

As we previously discussed, this new court order not only protects current dreamers and applicants, but also aims to continue approving new applications in the coming months. Dreamers can meet certain requirements to obtain permission to stay in the United States through an external route known as Advance Parole.

Advance Parole for DACA is a travel permit and prerequisite for some immigrants currently living in the United States. With this document, they can travel outside the country and return without fear of being detained by immigration. Of course, in this situation and political climate that we are experiencing in the United States, leaving the country can be a risky option.

Immigrants may leave the country for humanitarian, educational, work, or even personal reasons, but if dreamers find themselves out of the country and the DACA program is terminated, there is a high probability they may not be allowed to return to the U.S.

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For this reason, Advance Parole exists for DACA beneficiaries. It acts as a visa that gives you permission to return without risking your future.

 

Advantages

Having this document is very beneficial for DACA applicants. These are some of the advantages that you will have if you request this document:

  • Ability to travel abroad and return regardless of losing status and without the need for a new visa.
  • Opportunity to leave the country to work or study abroad, visit relatives, etc.

Disadvantages

Just as there are several advantages that allow a dreamer to benefit from the DACA program, there are also some disadvantages:

  • It is an expensive document ($360)
  • It must be renewed every year
  • Not all reasons to travel will be approved
  • You have a limited time to travel

How To Apply For Advance Parole

Applying for Advance Parole requires a few items. They are listed here: 

  • Form I-131
  • A photo ID, such as a driver’ license 
  • Proof that you have DACA approval
  • Documents which support your travel claim
  • Information about the dates of your trip
  • Application fee

How can the Diaz & Gaeta law firm help you?

As expert immigration attorneys in Georgia, the Diaz & Gaeta law firm is always aware of new information on deportation, DACA, asylum, or visas. Every Thursday at 8pm, we update the community on Facebook Live. If you haven’t seen us live yet, you should. You will enjoy hearing from the lawyers, learning new advice, and getting informed of the latest immigration news.

Our immigration team is led by co-founder and partner, attorney Giovanni Diaz, who is trained to help you with any problems you have with your legal status. When you call us to discuss your immigration case, the first consultation is always free. Call us now and we will evaluate your case. 

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