On January 9, 2018, the U.S. district court issued an order directing the government to partially maintain the DACA program. The court’s decision orders DHS to maintain DACA on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded. Here are the new rules:
- Renewal of DACA benefits is now available. The USCIS is not required to accept new DACA applications, only renewals.
- Advance Parole international travel does not need to be issued to anyone under DACA. The USCIS probably will not issue international travel privileges.
- The court maintains jurisdiction over the USCIS to ensure it is processing DACA renewals fairly.
It is worth renewing DACA for those who’s benefits are expiring. So far, the USCIS has not published how to apply for DACA renewal. The renewal forms were taken down from the USCIS website when Trump terminated the program. New directions should be posted soon.
It’s probably not a good idea to file for DACA renewal without first having the directions from the USCIS because filing now may cause confusion at the USCIS and delays.