The Supreme Court DACA Decision – Exciting News for First Time DACA Applicants

Posted on June 19th, 2020

The Supreme Court of the United States issued a decision related to the DACA (Deferred Action for Childhood Arrivals) program on June 18th. The Court decided that because the Administration did not follow specific administrative rules in how it attempted to terminate the program, that the termination was unconstitutional. This decision re-opens the door to DACA applicants who have not filed for the benefit before. In fact, USCIS is expected to begin accepting applications once again from individuals who are requesting DACA for the first time.

Note that you may request DACA if you:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Had no lawful status on June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  • Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety;
  • Are under the age of 31 years as of June 15, 2012 and
  • Are at least 15 years old (exceptions apply).

We strongly suggest that if you meet the eligibility requirements, contact Immigration Attorneys, LLP (www.immattyllp.com) to discuss the process to begin assembling the evidence required to support a DACA filing so as to be prepared when USCIS begins to accept applications once again. We are here to assist you.