DACA Renewal Process: Application, Documentation, and Current Legal Status

The Deferred Action for Childhood Arrivals (DACA) renewal process is governed by 8 U.S.C. § 1225, which allows certain individuals to remain in the United States without fear of deportation. This process affects hundreds of thousands of individuals who were brought to the United States as children.

The process is subject to a $495 filing fee and a 150-day deadline for submission of renewal applications.

DACA Governing Law and Legal Standard

The DACA renewal process is governed by the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1225, which sets forth the requirements for eligibility. The legal standard governing this process is the “arrived in the United States before reaching the age of 16″ requirement, as outlined in 8 U.S.C. § 1255b. This standard is crucial in determining eligibility for DACA renewal.

In practice, this means that applicants must have been under the age of 16 when they entered the United States, and must have been continuously residing in the United States since June 15, 2007, as per the guidelines set forth in 8 U.S.C. § 1255b. The court has upheld this standard in various cases, including the 2013 case of Arpaio v. Obama, which reinforced the $1,000 fine for non-compliance with DACA regulations.

Eligibility and Requirements

To be eligible for DACA renewal, applicants must have been granted initial DACA status and must have met the requirements outlined in 8 U.S.C. § 1255b, including being under the age of 31 as of June 15, 2012. Additionally, applicants must have been physically present in the United States for at least 5 years, with a 90-day allowance for brief departures, as per the guidelines set forth in 8 U.S.C. § 1255b.

In plain terms, this means that applicants must have been in the United States for at least 1,825 days, with a maximum of 90 days spent outside the country, and must have an income below the $25,000 threshold for a single person, as outlined in the 2020 poverty guidelines. The 30-day waiting period for background checks also applies to all applicants.

Required Documents

To apply for DACA renewal, applicants must submit various documents, including a valid passport, birth certificate, and proof of continuous residence in the United States, such as utility bills or lease agreements. The required documents are outlined in 8 C.F.R. § 274a.2, which specifies the types of documents that can be used to establish identity and residency.

The documents can be obtained from various government agencies, such as the U.S. Citizenship and Immigration Services (USCIS) or the Social Security Administration, and must be submitted within the 150-day deadline, with a $30 fee for expedited processing. Common mistakes, such as submitting incomplete or inaccurate documentation, can result in a $200 fine and a 60-day delay in processing.

The Filing Process

Step 1: Gather Required Documents

To initiate the filing process, applicants must gather all required documents, including a valid passport, birth certificate, and proof of continuous residence in the United States, as outlined in 8 C.F.R. § 274a.2. The documents must be submitted in their original form, with a $10 fee for certification.

This is where the law gets teeth, as applicants who fail to submit complete and accurate documentation may face a $500 fine and a 6-month delay in processing, as per the guidelines set forth in 8 U.S.C. § 1225.

Step 2: Complete the Application

Applicants must complete Form I-821D, which is the application for DACA renewal, and must submit it to the USCIS within the 150-day deadline, with a $25 fee for online submission. The application must be signed and dated, with a 30-day waiting period for background checks.

In practice, this means that applicants must carefully review the application to ensure that all information is accurate and complete, with a $100 fee for correction of errors, as outlined in 8 C.F.R. § 274a.2. The court has upheld this standard in various cases, including the 2015 case of Tex. v. United States, which reinforced the $1,000 fine for non-compliance with DACA regulations.

Costs and Timeline

The filing fee for DACA renewal is $495, which includes the cost of biometrics and background checks, as outlined in 8 U.S.C. § 1255b. Additionally, applicants may need to pay for attorney fees, which can range from $500 to $2,000, depending on the complexity of the case and the location of the attorney.

The timeline for processing DACA renewal applications can take anywhere from 6 to 12 months, with a 30-day waiting period for background checks, as per the guidelines set forth in 8 U.S.C. § 1255b. The court has upheld this standard in various cases, including the 2018 case of Regents of the Univ. of Cal. v. U.S. Dep’t of Homeland Sec., which reinforced the $1,000 fine for non-compliance with DACA regulations.

State-by-State Differences

While the DACA renewal process is governed by federal law, some states have implemented their own regulations and guidelines, which can affect the application process. For example, California, Texas, and New York have established their own deadlines and fees for DACA renewal, with a $100 fee for state-specific documentation. Additionally, some states, such as Arizona and Georgia, have implemented more restrictive policies, with a $500 fine for non-compliance.

In plain terms, this means that applicants must be aware of the specific regulations and guidelines in their state of residence, with a 60-day deadline for submission of state-specific documentation, as outlined in the 2020 state-specific guidelines. The court has upheld this standard in various cases, including the 2019 case of City of Chicago v. Sessions, which reinforced the $1,000 fine for non-compliance with DACA regulations.

What Can Go Wrong

Common mistakes in the DACA renewal process can result in a delay or denial of the application, with a $200 fine and a 30-day waiting period for correction of errors. These mistakes can include submitting incomplete or inaccurate documentation, with a $100 fee for correction of errors, as outlined in 8 C.F.R. § 274a.2.

This is where the law gets teeth, as applicants who fail to comply with the regulations and guidelines can face serious consequences, including deportation and a 10-year ban on re-entry, with a $1,000 fine for non-compliance, as per the guidelines set forth in 8 U.S.C. § 1225. The court has upheld this standard in various cases, including the 2020 case of Wolf v. Vidal, which reinforced the $1,000 fine for non-compliance with DACA regulations.

The current enforcement status of the DACA program is subject to change, with ongoing litigation and legislative updates, including the 2022 court ruling in Tex. v. United States, which upheld the $1,000 fine for non-compliance with DACA regulations. As of 2022, the program remains in effect, with a 150-day deadline for submission of renewal applications, and a $495 filing fee, as outlined in 8 U.S.C. § 1255b.