Nearly 826,000 people have been accepted into the Deferred Action for Childhood Arrivals (DACA) since 2012. Since the Department of Homeland Security created the DACA program, important rules have changed. The new changes impact current recipients and prospective immigrants.
The program that helped migrant youths with immigration status, underwent major changes in the past U.S. administration. This has had a strong impact on immigrant youths in New York since the state has one of the highest rates of DACA participation. If you live in New York, continue to read below about such changes and why you may need an NYC immigration attorney.
What is the Current State of DACA?
On June 15, 2012, the Secretary of Homeland Security published a memo stating that certain people who came to the United States as children and who met several guidelines could request consideration of deferred action for a period of two years, subject to renewal. On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.”The Court, however, temporarily stayed its order that vacated the DACA memorandum with regard to individuals who obtained DACA on or before July 16, 2021, including those who filed renewal requests. Thus, current DACA recipients can remain within the program and may have the opportunity for renewals. In addition, the government will continue to process their requests for advance parole.
Thus, immigrants already awarded DACA will remain untouched. The court ruling does not affect any previous grants of DACA.
The 2021 Biden Administration pledged to work to restore the former DACA guidelines. Yet, such changes are not expected to occur soon. In these circumstances, many potential DACA participants will experience hardship waiting to be able to file initial applications.
What Does This Mean for New DACA Applicants?
The information may appear overwhelming and one should note that the Department of Homeland Security (DHS) will accept, but cannot process new applications. First-time applicants who filed their application before July 16, 2021, are eligible to receive DACA status. Those who did not file initial applications before July 16, 2021, will need to consult with an experienced immigration attorney who can help them to find alternatives for gaining immigration status in the United States. Reiner and Pleva, PLLC can help.
How Can an Immigration Attorney Help?
Immigration attorneys who specialize in obtaining green cards, visas, and various immigration statuses can help to strategize on what to do for those locked out of the DACA program. These immigration attorneys should understand the intricacies involved in defending immigrants against removal from the United States. With an accumulation of over 45 years of experience, DACA Immigration Lawyers at Reiner & Pleva, PLLC can help.
Where Can You Find an NYC Immigration Attorney?
Because immigration laws frequently change, even individuals still protected by DACA may feel uneasy and may want to consult with an immigration attorney. Finding the right NYC immigration attorney may pose a challenge, but at Reiner & Pleva, PLLC, you can rest assured you made the right choice.
If you want to find out more information about the current state of DACA or receive legal advice about the next steps, contact us today. Or, visit us at our office in New York, New York, we will assist you in this time of uncertainty and provide our greatest services.
