USCIS is accepting renewal applications for DACA, and current DACA recipients are eligible to renew their DACA status and employment authorization document for a two-year period. We encourage all applicants to consult with an attorney. Reach out to Carina Olaru, Director of Student Advocacy & Education who is able to connect you with resources during this process.
Consistent with this order (PDF, 401.59 KB), DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, under the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
Effective January 10, 2023
Separate Fees
USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks:
$410 for the I-765
$85 for the I-821D
USCIS may reject the entire package if you include a combined check for $495.
Effective October 6, 2022
The U.S. Court of Appeals for the Fifth Circuit has rendered it decision in the case Texas v. United States, to end the Deferred Action for Childhood Arrivals (DACA) policy. The Fifth Circuit affirmed the district court’s ruling that DACA is unlawful but stayed its own decision due to the recently released DACA rule codifying DACA into a federal regulation by the U.S. Department of Homeland Security, which is set to go into effect on October 31. The Fifth Circuit sent the case back to Judge Hanen to rule on DACA’s legality in light of the new rule. For the time being, those with DACA are able to keep it and renew their DACA status, but no new applications may be accepted. There is no change for those with DACA currently.
Effective April 12, 2022
On April 12, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that DACA renewals can now be filed online. Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (DACA) and I-765 (Work permit) online. The online account provides a quick and easy method of submitting forms, paying fees, and tracking the status of USCIS applications. Initial DACA filings are not being processed at this time.
Effective July 16, 2021
On Friday July 16, a U.S. district court in Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. This decision was in response to a lawsuit filed by Texas and other states challenging the DACA program’s legality. Indiana University profoundly regrets this decision, as it is fully committed to the DACA program and to all DACA students. Here is how the ruling impacts all DACA and DACA eligible students:
Individuals with DACA currently will not lose their protections and can continue to work with their current employment authorization document. The ruling does not affect those individuals who have DACA currently.
Pending renewal applications will be adjudicated, and current DACA recipients can continue to submit renewal applications. Current DACA recipients who are eligible to renew your DACA status should do so without delay.
The federal government is blocked from granting any new first-time DACA applications. The ruling notes that while the Department of Homeland Security (DHS) may continue to accept new DACA applications, it is not allowed to approve them.
The ruling does not require DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient or applicant.
In March, DHS Secretary Alejandro Mayorkas announced that the agency would be undertaking formal notice and comment rulemaking "to preserve and fortify" DACA, consistent with a January presidential memorandum from President Biden. This has the potential to solve the procedural deficiencies noted in last week’s ruling, bur will most likely lead to further litigation. IU will continue advocating for Congress to make DACA permanent.
The rationale of last week’s ruling was that DHS failed to engage in a required notice and comment period regarding the DACA program so individuals could send their comments regarding the proposed rule to the federal government , so DACA never gained status as a legally binding policy that could impose duties and obligations. The Court also found that Congress did not give DHS the power to adopt and implement DACA.
