On June 18, 2020, the Supreme Court of the United States (SCOTUS) ruled that the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful. This is a huge victory for our clients and community! Please read EBCLC’s statement about the DACA decision and our commitment to undocumented community members for more information about our next steps.
The SCOTUS decision restores the DACA program for now. DACA recipients continue to be protected from deportation and eligible for benefits such as work authorization.
Under the SCOTUS decision, both first-time and renewal DACA applications must be accepted by the Department of Homeland Security (DHS). However, as of June 30, 2020, we are still waiting for DHS guidance on processing of first-time DACA applications and Advance Parole applications.
Click here for the latest DACA Frequently Asked Questions (July 2020).
Who can apply for DACA?
Current DACA Recipients: If your DACA is expiring, renew your DACA now. If you are eligible for EBCLC services, and your DACA expires in or before February 2021, contact EBCLC to renew your DACA now. See “How do I get help to apply for DACA?” below for information about how to contact us.
Individuals with Expired DACA: You can still apply for DACA. If your DACA expired more than one year ago, you must complete the application as if it were your first time applying.
First-Time DACA Applicants: All eligible individuals should speak to a legal advocate about applying for DACA for the first time. You are eligible for DACA if you:
- Were born on or after June 16, 1981;
- Came to the U.S. before you turned 16 years old;
- Have continuously resided in the U.S. since June 15, 2007 up to the present time;
- Were physically present in the U.S. on June 15, 2012 and at the time you file your DACA application;
- Entered the U.S. without inspection, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated high school, or obtained a GED;
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanor; and
- Are at least 15 years old at the time you file your application, unless you are or were in removal proceedings.
Note: As of June 30, 2020, the DHS has not announced that it will accept or process first-time DACA applications. If you submit your first-time application now, it is possible that your application will be rejected without refund of the $495 filing fee.
As of June 30, 2020, EBCLC will not file first-time DACA applications or applications for Advance Parole on behalf of our clients, until the DHS confirms that it will accept and process these applications. We do not want our clients to lose fees paid and do not want first-time applicants to provide their information to the government without confirmation that their application will be processed. However, if you qualify for our services, you can make an appointment to discuss your eligibility and any questions you have about DACA or Advance Parole.
How do I get help to apply for DACA?
If you are a UC Berkeley student: click here to make an appointment with an EBCLC legal advocate.
If you are a student at Chabot College, Laney College, Merritt College, or College of Alameda: click here to make an appointment with an EBCLC legal advocate.
If you are a current client of EBCLC (meaning you have an application currently pending with us): please contact your caseworker; email@example.com; or (510) 548-4040 ext. 395.
If you are a former client of EBCLC: please contact firstname.lastname@example.org or (510) 548-4040 ext. 395.
If you do not fall in one of the above categories: below is a list of legal service providers you can reach out to:
- East Bay Sanctuary Covenant (Berkeley)
- Oasis Legal Services (Berkeley) (services for LGBTQ+ immigrants)
- Asian Pacific Islander Legal Outreach (Oakland)
- Bay Area Legal Aid (Oakland) (services for domestic violence survivors only)
- Catholic Charities of the East Bay (Oakland)
- Centro Legal de la Raza (Oakland)
- International Rescue Committee (IRC) (Oakland)
- Immigration Institute of the Bay Area (IIBA) (Oakland)
- Transgender Law Center (TLC) (Oakland)
- Korean Community Center of the East Bay (San Leandro)
- Jewish Family & Children’s Services of the East Bay (Walnut Creek)
For more referrals, please see the National Immigration Legal Services Directory and the California Department of Social Services’ list of immigration legal service providers.
You can find EBCLC’s list of referrals here
Additional information and resources
- Read the full SCOTUS DACA decision here.
- Click here for the latest DACA Frequently Asked Questions (July 2020).
- Read ILRC’s summary of the SCOTUS DACA decision here.
- Read United We Dream’s FAQ about the SCOTUS DACA decision here.
- Follow DACA updates from the National Immigration Law Center here.
Visit the Central Valley Immigrant Integration Collaborative (CVIIC) Facebook for video discussion in Spanish about the U.S. Supreme Court’s DACA decision: https://www.facebook.com/CviicFresno/