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       DACA Resource Page

Updated 9/13/17

 

DISCLAIMER: Please note this document is for general information purposes only and does not constitute legal advice.

 

Frequently Asked Questions:

 

1. What is DACA?

The Deferred Action for Childhood Arrivals (DACA) program is intended to protect individuals who were brought to the U.S. as children who may be subject to removal from the United States, with chief benefits including the opportunity to study, as well as apply for work authorization and travel permission.  It was launched in June 2012 by then-Secretary of Homeland Security Janet Napolitano via a memorandum:

https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf

 

For an overview of the original DACA program, please visit: https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca

 

2. What has changed with DACA?

On September 5, 2017, the Trump administration announced plans to phase out DACA program. Memorandum from acting Secretary of Homeland Security Elaine Duke rescinding DACA:  https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

 

3. When does my DACA protection expire?

According to U.S. Citizenship and Immigration Services (USCIS), DACA benefits are issued on a two-year basis, so individuals who currently have the DACA benefit will be allowed to retain it until it expires.

 

4. What is the impact on work authorization using Employment Authorization Documents issued under DACA?

According to U.S. Citizenship and Immigration Services, DACA benefits, including work authorization, are provided on a two-year basis. Individuals who currently have DACA will be allowed to retain both DACA and their work authorizations until they expire.

 

5. What if my DACA initial request and application for an Employment Authorization Document are pending?

According to U.S. Citizenship and Immigration Services, it will adjudicate, on an individual, case by case basis, properly filed pending DACA initial requests and associated applications for Employment Authorization Documents (EADs) that have been accepted [by USCIS] as of Sept. 5, 2017.

 

6. What if I have not yet applied for DACA?

According to U.S. Citizenship and Immigration Services, individuals who have not submitted an application by September 5, 2017 for an initial request under DACA may no longer apply.  USCIS will reject all applications for initial requests received after September 5, 2017.

 

7. What if I have DACA benefits and need to renew my DACA and work authorization?

For renewal applications submitted before September 5, 2017:

According to U.S. Citizenship and Immigration Services, it will adjudicate, on an individual, case-by-case basis, properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries if those requests were accepted by USCIS as of September 5, 2017.

For renewal applications not yet submitted:

URGENT—SUBMIT REQUESTS TO USCIS PRIOR TO OCTOBER 5, 2017

According to U.S. Citizenship and Immigration Services, it will adjudicate, on an individual, case-by-case basis, properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 providing they have been accepted at USCIS as of October 5, 2017.

These individuals MUST FILE for renewal of their existing DACA and EAD benefits PRIOR TO OCTOBER 5, 2017.

Applications must be received formally by USCIS on or before October 5, 2017.  Waiting until this date to file will jeopardize any continuation of benefits under DACA beyond their current expiration date.  File early!  Using an express mail service to track delivery is strongly advised.

 

8. What if my work authorization expires after March 5, 2018?

According to USCIS, it is only adjudicating DACA renewal requests received by October 5, 2017, from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018.  Please refer to items 3 and 4 above.

 

9. What is the impact on requests for Advance Parole travel documents?

Advance Parole is special travel permission that, under very specific circumstances, allows travel abroad and reentry to DACA beneficiaries who have applied for and been issued a document to do so.

According to the USCIS DACA Fact Sheet, USCIS will administratively close any pending requests for initial or renewal of Advance Parole travel permission and refund all associated fees.

In addition, USCIS will not accept or approve any new requests for Advance Parole.


10. Should I travel if I have a valid Advance Parole travel document?

According to the USCIS DACA Fact Sheet, USCIS “will generally honor the stated validity period for previously approved applications for advance parole.  Notwithstanding the continued validity of advance parole approvals previously granted, U.S. Customs and Border Protection (CBP) will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole.  Further, U.S. Citizenship and Immigration Services will—of course—retain the authority to revoke or terminate an advance parole document at any time.”

Based on the broad discretion of CBP officers to admit or deny admission of any foreign national to the United States, DACA beneficiaries with a valid Advance Parole travel document are strongly urged to weigh the risk of traveling against the possible CBP refusal to allow reentry to the U.S.
 

11. I am a student at JHU.  What does all this mean to me?

DACA students may wonder whether they will be able to remain in the U.S. to finish their degrees.  Those with graduate assistantships may also have concerns about their continued ability to work as a GA.  Congress may take action to protect DACA students between now and March 5, 2018, and courts could possibly provide injunctive relief.

To reiterate the commitment of President Daniels and Provost Kumar, “For students who are directly affected by the decision to end DACA protections, we will provide emergency aid or other financial support to ensure they can complete their degrees at Johns Hopkins.”

 

12. Whom should students contact at JHU for assistance?

a. As a starting point, students potentially impacted by the rescission of DACA may contact Assistant Provost James Brailer in the Office of International Services at 667-208-7001 or by email at jbrailer@jhu.edu to discuss their specific situation confidentially.

b. For questions pertaining solely to individual financial situations, students may contact their school’s financial aid advisor to discuss their financial situation confidentially if it has been changed by the DACA decision:
 

NAMEEMAIL ADDRESSSCHOOL
Lara M. Boeslerlboesler@ jhu.edu Carey Business School
Hysha Nesmithhnesmit1@jhu.eduSchool of Education
Terra Jones-Simstjones80@jhmi.eduSchool of Medicine
Flora Whartonfwharton@jhu.eduBloomberg School of Public Health
Tanya McMilliantmcmill7@jhu.eduSchool of Advanced International Studies
Sherrod Wilkersonswilker6@jhu.eduSchool of Nursing
Rebecca Polgarrpolgar1@peabody.jhu.eduPeabody Institute
Ellen Ostendorfekoontz1@jhu.eduKSAS & WSE

 

c. Additionally, any members of our community who are in need of confidential counseling or other personal support services may contact the Counseling Center of Homewood Student Affairs, the Johns Hopkins Student Assistance Program, University Health Services’ Mental Health Program, or the Faculty and Staff Assistance Program.


13. I am an employee at JHU under an Employment Authorization Document issued pursuant to DACA.  What does this mean to me?

Those working at JHU using an Employment Authorization Document issued pursuant to DACA may continue working until its expiration.

Please see items 7 and 8 above regarding renewal of DACA benefits including work authorization, and note the upcoming October 5 deadline for acceptance by USCIS of any associated applications.


14. Are there any community resources available to assist me?

The University of Baltimore School of Law Immigrant Rights Clinic has offered to assist JHU DACA beneficiaries.  Please see “External Resources” below for contact information.


ADDITIONAL RESOURCES

University Communications

September 6, 2017 Message from President Daniels and Provost Kumar:

JHU Response to DACA Decision

September 6, 2017 HUB Article:

Johns Hopkins reaffirms support for students, others affected by DACA decision

December 20, 2016 Message from President Daniels and Provost Kumar:

JHU and Undocumented U.S. Residents at the University

 

Government Resources

Department of Homeland Security Memorandum

Department of Homeland Security FAQ

U.S. Citizenship and Immigration Services


External Resources

University of Baltimore School of Law Immigrant Rights Clinic:

Need help paying your DACA renewal fees? The University of Baltimore School of Law's NLG & UB LALSA chapters are raising funds to help as many Marylanders as possible. If you or your friends and family need help paying for your DACA renewal fees, please submit a request here: https://goo.gl/nUYLRo.

The Immigrant Rights Clinic at UB will be proving free DACA consults on 9/16/17.  If you or your friends and family have a DACA work permit that expires by March 5 and would like a free DACA renewal consultation on September 16 at the UB Law School, please email nmiller2@ubalt.edu and ekeyes@ubalt.edu to reserve a spot.  Space permitting, these consultations are open to anyone in Maryland.  Priority goes to the UB community.

Fragomen Worldwide (approved JHU outside immigration counsel):

Trump Administration Announces Phase-Out of DACA Program