Q#1: I have heard a rumor that people who have never had DACA before are now able to file for initial DACA status and be granted a Work Permit and Social Security Number. Is this true?
A#1: Although the DACA program has been in existence since 2012, it has been fought over in the courts for the past eight years since Trump tried to cancel the DACA program during his first term. However, the program has never been completely canceled and initial DACA applications have always been accepted, but not approved. Guidance from the Immigration Service should be issued very soon allowing all of these initial DACA applications that are already filed to be approved, and any new filings to be approved also.
Q#2: Why will USCIS allow initial DACA applications to be processed?
A#2: The initial lawsuit against the DACA program was filed in the State of Texas, alleging that Texas would be injured if DACA recipients were allowed to be granted Work Permits in that state. The Temporary Restraining Order that was issued in Texas was applied nationwide and denied anyone DACA Status if they didn’t already have it. Recent court decisions on nationwide Restraining Orders state that Texas’ actions were too broad and should be limited only to the State of Texas.
Q#3: If I live in Texas, can I apply for DACA Status?
A#3: Yes, but it is likely that you will not be granted a Work Permit or Social Security Number if you reside in Texas.
Q#4: If I live in any state besides Texas, can I file an initial application for DACA Status?
A#4: Yes. If you meet the DACA requirements and have not been granted DACA before, you can file an initial application. Once you are granted DACA Status, you will also receive a Work Permit and a valid Social Security Number.
Q#5: When is the final guidance from the Immigration Service expected to go into effect?
A#5: The final guidance could be published any day! This would permit initial applications already pending with the Immigration Service to be processed and approved immediately, and any new applications that are received would also be processed and approved without delay.
Q#6: What should I do if I think that I qualify for DACA Status?
A#6: I recommend you consult with a competent immigration attorney to discuss your history and the specific facts of your case to determine if you should apply for the DACA Program and its associated benefits, even if you live in Texas.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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