{"id":111,"date":"2018-08-27T13:25:36","date_gmt":"2018-08-27T17:25:36","guid":{"rendered":"http:\/\/www.montclair.edu\/immigration-daca\/?page_id=111"},"modified":"2026-04-09T15:41:31","modified_gmt":"2026-04-09T19:41:31","slug":"daca-dreamer-student-resources","status":"publish","type":"page","link":"https:\/\/www.montclair.edu\/immigration-daca\/daca-dreamer-student-resources\/","title":{"rendered":"DACA\/Dreamer Student Resources\/ Recursos para estudiantes sobre DACA e inmigraci\u00f3n"},"content":{"rendered":"
According to\u00a0USCIS\u2019s DACA page<\/a>, \u201cOn\u00a0Jan. 17, 2025, the\u00a0U.S. Court of Appeals for the Fifth Circuit\u00a0issued a decision<\/a>\u00a0<\/a>regarding the DACA Final Rule. Pursuant to the court\u2019s order, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23. USCIS will continue to accept initial requests but will not process initial DACA requests at this time. Current grants of DACA and related Employment Authorization Documents remain valid until they expire, unless individually terminated.\u201d<\/p>\n Here is the most recent information on DACA rulemaking and litigation:<\/p>\n “On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule<\/a>\u00a0unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for \u201call DACA recipients who received their initial DACA status prior to July 16, 2021.\u201d See the\u00a0Memorandum and Order\u00a0(PDF, 1.35 MB)<\/span><\/a>\u00a0and\u00a0Supplemental Order of Injunction\u00a0(PDF, 72.53 KB)<\/span><\/a>.<\/p>\n Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated.\u00a0 In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court\u2019s order, we will not process initial DACA requests.<\/p>\n Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.<\/p>\n Please see the\u00a0DACA Litigation Information Page<\/a> for important updates and information related to court rulings on the DACA policy.”<\/p>\n “On August 30, 2022, DHS published a final DACA rule that went into effect on October 31, 2022.<\/p>\n However, a prior court-imposed order currently limits the October 31, 2022 effective date. USCIS describes this limitation in an update to its\u00a0DACA FAQs<\/a>:<\/p>\n “The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021,\u00a0injunction<\/a>\u00a0from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.”<\/p>\n See USCIS’s web page\u00a0DACA Litigation Information and Frequently Asked Questions<\/a>\u00a0for information on the limits on the new regulation, imposed by court injunctions.<\/p>\n On November 29, 2021, NAFSA had joined other higher education associations in\u00a0a comment letter<\/a>\u00a0led by the American Council on Education (ACE), submitted in response to the September 28, 2021\u00a0proposed<\/em>\u00a0DACA rule published at\u00a086 FR 53736 (September 28, 2021)<\/a>.<\/p>\n Partial summary of the final DACA rule<\/strong><\/p>\n But see USCIS’s web page\u00a0DACA Litigation Information and Frequently Asked Questions<\/a>\u00a0for information on the limits on the new regulation, imposed by court injunctions.<\/p>\n Threshold criteria under the final DACA rule<\/strong><\/p>\n The final rule includes the following longstanding threshold criteria: that the requestor must have:<\/p>\n (1) come to the United States under the age of 16;<\/p>\n (2) continuously resided in the United States from June 15, 2007, to the time of filing of the request (“Brief, casual, and innocent absences from the United States will not break the continuity of one\u2019s residence. However, unauthorized travel outside of the United States on or after August 15, 2012, will interrupt continuous residence, regardless of whether it was otherwise brief, casual, and innocent.” Other rules apply for “brief, casual, and innocent” for travel before August 15, 2012.);<\/p>\n (3) been physically present in the United States on both June 15, 2012, and at the time of filing of the DACA request;<\/p>\n (4) not been in a lawful immigration status on June 15, 2012, as well as at the time of request (“If the requestor was in lawful immigration status at any time before June 15, 2012, or at any time after June 15, 2012, and before the submission date of the request, he or she must submit evidence that that lawful status had expired or otherwise terminated prior to those dates.”)<\/p>\n (5) graduated or obtained a certificate of completion from high school, obtained a GED certificate, currently be enrolled in school, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;<\/p>\n (6) not been convicted of a felony, a misdemeanor described in the rule, or three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety;<\/p>\n (7) been born on or after June 16, 1981, and be at least 15 years of age at the time of filing, unless the requestor is in removal proceedings, or has a final order of removal or a voluntary departure order; and<\/p>\n (8) Applications are determined on a case-by-case basis. “Even if the threshold criteria… are all found to have been met, USCIS retains the discretion to assess the individual\u2019s circumstances and to determine that any factor specific to that individual makes deferred action inappropriate.”)<\/p>\n Update Summary<\/strong>:<\/p>\n On September 28, 2021<\/strong>, DHS published a proposed DACA rule in the Federal Register. For details, see the \u201cDeferred Action for Childhood Arrivals\u201d proposed rule in the Federal Register<\/a>.<\/p>\n \u201cOn September 10, 2021, the Department of Justice filed a notice of appeal to the Fifth Circuit Court of Appeals seeking to overturn the Texas District Court’s ruling by U.S. District Court Judge Andrew Hanen in favor of nine states led by Texas that found the creation of the DACA program violated federal administrative law.\u201d (NAFSA: Association of International Educators)<\/p>\n On July 19, 2021<\/strong>, USCIS issued a\u00a0Statement from USCIS Acting Director Tracy Renaud on Deferred Action for Childhood Arrivals (DACA) Court Decision<\/a>:<\/p>\n \u201cPursuant to the July 16, 2021 Order issued by the U.S. District Court for the Southern District of Texas in Texas v. United States, the Department of Homeland Security (DHS) is enjoined from granting initial DACA requests.<\/p>\n All individuals whose DACA requests were granted prior to this decision will continue to have and be eligible to renew DACA, and to request and receive advance parole, consistent with the court\u2019s order. U.S. Citizenship and Immigration Services (USCIS) will provide additional specific operational guidance in the coming days.<\/p>\n USCIS is proud to play an important role in implementing DACA. DACA recipients are students, military service members, essential workers, and part of our communities in every way, shape, and form. USCIS will comply with the court order, continue to implement the components of DACA that remain in place, and work on publishing a Notice of Proposed Rulemaking designed to strengthen and fortify DACA.\u201d<\/p>\n<\/div>\n On July 27, 2021<\/strong>, USCIS updated its\u00a0DACA FAQs<\/a>.<\/p>\n \u201cOn July 16, 2021<\/strong>, Judge Hanen ruled that the 2012 DACA program begun by the Obama administration violated the Administrative Procedure Act (APA) notice and comment requirements, and that it was not in accordance with the Immigration and Nationality Act. The court therefore vacated the\u00a0June 15, 2012 DHS memorandum<\/a>\u00a0that created it. The court also issued a nationwide injunction prohibiting DHS from approving new DACA applications (i.e., \u2018those not already granted by the date of this order\u2019). Although USCIS can continue to receive applications, it cannot approve them under the order. However, the injunction does not affect DACA benefits already granted, or renewal of already-granted DACA protection, including ancillary requests for DACA advance parole for those DACA recipients.\u00a0Read the July 16, 2021 court order<\/a>, and read the\u00a0July 16, 2021 injunction order<\/a>.\u201d (NAFSA)<\/p>\n \u201cOn January 20, 2021<\/strong>, President Biden signed a Presidential Memorandum that directed the Secretary of Homeland Security, in consultation with the Attorney General, to \u2018take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.\u2019 See\u00a0Memorandum for the Attorney General and the Secretary of Homeland Security<\/em>, published in the Federal Register at\u00a086 FR 7053<\/a>\u00a0(January 25, 2021).\u201d (NAFSA)<\/p>\n On December 4, 2020<\/strong>, the U.S. District Court for the Eastern District of New York ruled that “the Wolf Memorandum<\/a>\u00a0is VACATED. In light of the vacatur, all parties agree that the DACA program is currently governed by its terms as they existed prior to the\u00a0attempted rescission of September 2017<\/a>.” The judge’s December 4, 2020 order<\/a> is in the case Batalla Vidal, et al. v. Nielsen, et al.<\/em>, Case # 1:16-cv-04756.<\/p>\n “in addition to vacating the Wolf Memorandum, the court orders the following relief:<\/p>\n DHS is DIRECTED to post a public notice, within 3 calendar days of this Order, to be displayed prominently on its website and on the websites of all other relevant agencies, that it is accepting first-time requests for consideration of deferred action under DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017, and in accordance with this court’s Memorandum & Order of November 14, 2020. The notice must also make clear that deferred action and employment authorization documents (“EADs”) granted for only one year are extended to two years, in line with the pre-Wolf Memorandum policy. The Government shall provide a copy of the notice to class counsel and to State Plaintiffs, and post it to the docket within 3 calendar days of this Order.”<\/p>\n<\/div>\n On January 9, 2018, a U.S. District Court ordered the Department of Homeland Security to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017, including allowing DACA enrollees to renew their enrollments.<\/strong>\u00a0 However, new applications from applicants who have never before received deferred action will not be processed, and DHS may still deny the right of a DACA enrollee to return to the United States if they travel abroad using advance parole. For more information, please refer to U.S. Citizenship and Immigration Services\u2019 website Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction<\/a>. For guidance on DACA requests rejected by USCIS due to U.S. Postal Service issues, please refer to USCIS\u2019s page Guidance on Rejected DACA Requests<\/a>.<\/p>\n On August 3, 2018, the U.S. District Court for the District of Columbia again concluded \u201c<\/strong>that DHS\u2019s September 2017 decision to rescind the DACA program\u2026was both subject to judicial review and arbitrary and capricious.\u201d<\/strong> According to D.C. District Judge John D. Bates\u2019 25-page opinion<\/a>, \u201cThe Court has already once given DHS the opportunity to remedy these deficiencies\u2014either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons that would preclude judicial review\u2014so it will not do so again.\u201d The U.S. government appealed the Court\u2019s decision.<\/p>\n On November 8, 2018<\/a>, the 9th Circuit Court of Appeals issued a decision upholding and continuing the\u00a0January 9, 2018 preliminary injunction<\/a>\u00a0granted by the District Court of the Northern District of California.<\/strong> The National Immigration Law Center explains that “In its decision, the court reasoned that the plaintiffs in the case were likely to prevail on their claim that the Trump administration\u2019s termination of DACA was ‘arbitrary and capricious’ and therefore unlawful. All three judges also noted that there was sufficient evidence that DACA was ended due to anti-Mexican or anti-Latino animus to justify keeping the injunction in place.” It is likely that the U.S. federal government will seek review by the U.S. Supreme Court. Please refer to the NILC’s\u00a0Status of Current DACA Litigation<\/a>\u00a0page for more information.<\/p>\n On June 18, 2020, the U.S. Supreme Court (SCOTUS) held that the 2017 Department of Homeland Security (DHS) memo rescinding DACA was \u201carbitrary and capricious\u201d<\/strong> under the Administrative Procedure Act<\/strong> in its opinion on the case Department of Homeland Security et al. v. Regents of the University of California et al.<\/a> This remanded the issue back to the DHS; the agency was required to consider again the \u201cconspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.\u201d This decision left DACA intact for the time being.<\/p>\n On August 24, 2020, USCIS released implementing guidance<\/a> (dated August 21, 2020) titled Implementing Acting Secretary Chad Wolf’s July 28, 2020 Memorandum, “Reconsideration of the June 15, 2020 Memorandum ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.'”<\/em><\/strong> This implementing guidance was summarized in the August 24, 2020 news alert<\/a>\u00a0 as follows:<\/p>\n “Under USCIS\u2019\u00a0implementing guidance<\/a>, we will reject all initial DACA requests from aliens who have never previously received DACA and return all fees. The rejections will be without prejudice, meaning aliens will be able to reapply should USCIS begin accepting new requests in the future from aliens who never before received DACA. USCIS will continue to accept requests from aliens who had been granted DACA at any time in the past and will also accept requests for advance parole that are properly submitted to the address specified on the Direct Filing Addresses for Form I-131 webpage.<\/p>\n For approvable DACA renewal requests, USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year, but will not rescind any currently valid two-year grants of DACA or associated employment authorization documents (EADs), unless USCIS terminates an alien\u2019s DACA for failure to continue to meet the DACA criteria (see 2012 Memorandum), including failure to warrant a favorable exercise of prosecutorial discretion. USCIS will replace two-year EADs that are lost, stolen or damaged with the same facial two-year validity period assuming the EAD replacement application is otherwise approvable.<\/p>\n USCIS will generally reject requests received more than 150 days before the current grant of DACA expires. DACA recipients should file their renewal request between 150 and 120 days before their current grant of DACA expires. USCIS will only grant advance parole for travel outside the United States to DACA recipients pursuant to the new guidance, which provides for a determination that parole of the alien is for urgent humanitarian reasons or significant public benefit in keeping with the governing statute. The agency will not rescind any previously granted advance parole documents unless there is another legal reason to do so. However, as has always been the case, parole into the United States is not guaranteed. In all cases, aliens are still subject to immigration inspection at a port-of-entry to determine whether they are eligible to come into the United States.<\/p>\n The determination whether to grant advance parole to an alien is entirely within the discretion of USCIS and must be made on a case-by-case basis. USCIS will review all the factors presented in individual cases before determining whether to approve advance parole for a DACA recipient based on the new guidance. Some examples of circumstances that may warrant approval include, but are not limited to, situations such as:<\/p>\n Even if a requestor establishes that their situation meets one of the examples above, USCIS may still deny the request for advance parole in discretion under the totality of the circumstances.<\/p>\n CAUTION: If you travel outside the United States on or after Aug. 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.<\/p>\n<\/div>\n<\/div><\/div>\n DACA Applications<\/strong><\/p>\n If you currently have an approved or pending DACA application, please speak to a licensed, experienced immigration attorney or recognized\/accredited organization or representative before making any plans pertaining to work, travel, or a new DACA-related application. The Immigration Advocates Network\u2019s National Immigration Legal Services Directory<\/a><\/strong>\u00a0is an excellent resource.<\/p>\n Travel Related to Deferred Action for Childhood Arrivals (DACA)<\/strong><\/p>\n If you are an undocumented person (regardless of whether you currently have permission to travel abroad through advance parole), please speak to a licensed, experienced immigration attorney before making any travel plans.\u00a0Among many options,\u00a0<\/strong>CUNY CLEAR<\/strong><\/a>\u00a0is an excellent resource for free legal services and guidance.<\/strong><\/p>\n Solicitudes de DACA<\/strong><\/p>\n Si actualmente tienes una solicitud de DACA aprobada o pendiente, consulta con un abogado de inmigraci\u00f3n con licencia y experiencia, o con una organizaci\u00f3n o representante reconocido\/acreditado antes de hacer cualquier plan relacionado con trabajo, viajes o una nueva solicitud de DACA. El Directorio Nacional de Servicios Legales de Inmigraci\u00f3n de la Red de Defensores de Inmigraci\u00f3n<\/a> es un recurso excelente.<\/p>\n Viajes relacionados con la Acci\u00f3n Diferida para los Llegados en la Infancia (DACA)<\/strong><\/p>\n Si eres una persona sin estatus legal o indocumentada (independientemente de si tienes permiso para viajar al extranjero a trav\u00e9s de un permiso anticipado), consulta con un abogado de inmigraci\u00f3n con licencia y experiencia antes de hacer cualquier plan de viaje. Entre muchas opciones, CUNY CLEAR<\/a> es un recurso excelente que ofrece servicios legales gratuitos y orientaci\u00f3n.<\/p>\n<\/div><\/div> The following articles and pages should prove helpful in staying abreast of current issues:<\/p>\n Please keep in mind that the information contained on this page and in the advisories and pages listed above does not constitute legal advice. Please speak to a licensed, experienced immigration attorney if you require legal counsel.<\/p>\n Los siguientes art\u00edculos y p\u00e1ginas pueden ser \u00fatiles para mantenerse al tanto de los temas actuales:<\/p>\n Ten en cuenta que la informaci\u00f3n en esta p\u00e1gina y en los avisos y enlaces mencionados no constituye asesor\u00eda legal. Consulta con un abogado de inmigraci\u00f3n con licencia y experiencia si necesita asesoramiento legal en su caso.<\/p>\n<\/div><\/div> New Jersey residents who are undocumented under U.S. immigration law or who have been approved under DACA (Deferred Action for Childhood Arrivals) by U.S. Citizenship and Immigration Services may qualify for in-state tuition under P.L. 2013, c. 170 (NJ Senate Bill 2479), the New Jersey Tuition Equality Act, also referred to as the \u201cNew Jersey Dream Act.\u201d Under this law, undocumented students are exempt from paying out-of-state tuition if they meet all<\/strong> of the following criteria:<\/p>\n For more information and instructions on applying for in-state tuition, please visit: New Jersey Dream Act<\/strong><\/a>. Affidavits must be filed with Undergraduate Admissions or the Graduate School each year; for points-of-contact for these offices, please contact Elizabeth Gill<\/a>, Director of International Employment and Immigration in the Office of University Counsel.<\/p>\n New Jersey Governor Phil Murphy signed legislation\u00a0(P.L. 2018, c. 12<\/strong><\/a>) granting eligible undocumented students access to NJ State Financial Aid.\u00a0Please refer to New Jersey Dreamers<\/strong><\/a> for information about the bill and its requirements for qualifying for state aid.<\/p>\n In addition,\u00a0the Scholarships That Do Not Require FAFSA web page<\/strong><\/a> contains a list of scholarships that do not require FASFA verification.<\/p>\n For financial aid questions pertaining to undocumented students, please contact Financial Aid within Red Hawk Central<\/a>.<\/p>\n Los residentes de Nueva Jersey que son indocumentados seg\u00fan la ley de inmigraci\u00f3n de EE. UU. o que han sido aprobados bajo DACA (Acci\u00f3n Diferida para los Llegados en la Infancia) por los Servicios de Ciudadan\u00eda e Inmigraci\u00f3n de EE. UU. pueden calificar para la matr\u00edcula estatal seg\u00fan la ley P.L. 2013, c. 170 (Proyecto de Ley del Senado de Nueva Jersey 2479), tambi\u00e9n conocida como la \u201cLey Dream de Nueva Jersey.\u201d<\/p>\n Bajo esta ley, los estudiantes indocumentados est\u00e1n exentos de pagar matr\u00edcula fuera del estado si cumplen con todos los siguientes requisitos:<\/p>\n Para obtener m\u00e1s informaci\u00f3n e instrucciones sobre c\u00f3mo solicitar la matr\u00edcula estatal, visita: Ley Dream de Nueva Jersey<\/strong><\/a>. Las declaraciones deben presentarse cada a\u00f1o en la Oficina de Admisiones de Pregrado o en la Escuela de Posgrado. Para obtener informaci\u00f3n de contacto de estas oficinas, comun\u00edcate con Elizabeth Gill<\/a>, Directora de Empleo Internacional e Inmigraci\u00f3n en la Oficina de Asesor\u00eda Jur\u00eddica de la Universidad.<\/p>\n El Gobernador de Nueva Jersey, Phil Murphy, firm\u00f3 la legislaci\u00f3n (P.L. 2018, c. 12)<\/strong><\/a> que otorga a estudiantes indocumentados elegibles acceso a ayuda financiera estatal en Nueva Jersey. Visita New Jersey Dreamers<\/strong><\/a> para obtener informaci\u00f3n sobre la legislaci\u00f3n y sus requisitos para calificar para la ayuda estatal.<\/p>\n Adem\u00e1s, la p\u00e1gina web Becas que no requieren FAFSA<\/strong><\/a> contiene una lista de becas que no requieren verificaci\u00f3n de FAFSA.<\/p>\n Para preguntas sobre ayuda financiera para estudiantes indocumentados, comun\u00edcate con la Oficina de Ayuda Financiera en <\/a>Red Hawk Central<\/strong><\/a>.<\/p>\n<\/div><\/div>\n Connecting across Cultures<\/strong><\/p>\n Counseling and Psychological Services<\/a>\u00a0(CAPS) holds this informal, supportive discussion group for international students, students who have studied abroad, and any students who are interested in dialoguing and connecting across cultures. Visit the Connecting across Cultures page<\/a> for more information.<\/p>\n Social Justice and Diversity Discussion Groups<\/strong><\/p>\n The Office for Social Justice and Diversity<\/a> hosts a number of discussion groups\u00a0for undergraduate and graduate students who share similar identities to come together in a welcoming environment to build community, share experiences, and support one another. Visit the\u00a0Office for Social Justice and Diversity Discussion Groups page<\/a> for more information.<\/p>\n Conectando a trav\u00e9s de las Culturas<\/strong><\/p>\n Los Servicios de Consejer\u00eda y Psicol\u00f3gicos<\/strong><\/a> (CAPS)<\/strong> organizan este grupo de discusi\u00f3n informal y de apoyo para estudiantes internacionales, estudiantes que han estudiado en el extranjero y cualquier estudiante interesado en dialogar y conectar con otras culturas. Visita la p\u00e1gina de Conectando a trav\u00e9s de las Culturas<\/strong><\/a> para m\u00e1s informaci\u00f3n.<\/p>\n Grupos de Discusi\u00f3n sobre Justicia Social y Diversidad<\/strong><\/p>\n La Oficina de Justicia Social y Diversidad<\/a> organiza varios grupos de discusi\u00f3n para estudiantes de pregrado y posgrado que comparten identidades similares, con el fin de reunirse en un ambiente acogedor, construir comunidad, compartir experiencias y apoyarse mutuamente. Visita la p\u00e1gina de <\/a>Grupos de Discusi\u00f3n de la Oficina de Justicia Social y Diversidad<\/strong><\/a> para m\u00e1s informaci\u00f3n.<\/p>\n<\/div><\/div> Students who have individual concerns are encouraged to contact the Office of the Dean of Students<\/a>, and they may also take advantage of the resources offered through Counseling and Psychological Services<\/a>, including short-term individual counseling<\/a>, group therapy<\/a>, psychiatry<\/a>, Let\u2019s Talk walk-in sessions<\/a>, and more. Contact information for CAPS is located here<\/a>.<\/p>\n Los estudiantes con inquietudes personales pueden comunicarse con la Oficina del Decano de Estudiantes<\/strong><\/a>, y tambi\u00e9n pueden aprovechar los recursos ofrecidos a trav\u00e9s de \n
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