DACA Updates

UW students, faculty, or staff affected by changes to the DACA Program or who have immigration concerns please contact Jamie Crawford with the UW College of Law at 307-766-2397, immsupport@uwyo.edu or the Center for International Human Rights Law and Advocacy

June 23, 2020

On June 18, 2020, the Supreme Court ruled that the Department of Homeland Security cannot immediately end the Deferred Action for Childhood Arrivals (DACA) program. The Court's ruling is narrow; the Court acknowledged that the administration has the right to rescind DACA, but it found that the Department of Homeland Security failed to rationalize its decision adequately as required by the Administrative Procedures Act. The Court ruled that the manner in which the Trump administration ended the DACA program was "arbitrary and capricious" and thus improper. The Supreme Court declined to rule on the merits of the DACA program itself.

Current DACA students may maintain their enrollment in the DACA program, keep their current work authorization, and renew DACA if required. It is unclear if the Supreme Court's order requires the Department of Homeland Security to accept new, first-time applications. However, because the Trump administration may choose to pursue other options for ending the DACA program, we advise potential first-time applicants to wait for further clarity from the federal agency responsible for adjudicating (approving or denying) DACA applications, U.S. Citizenship and Immigration Services, as well as further information from immigration advocates.

The University of Wyoming College of Law will continue to update the Office of Diversity, Equity and Inclusion DACA resources page as we learn more about the impact of the Supreme Court's decision. Please direct any questions regarding legal developments to Jamie Crawford, Robert J. Golten Law Fellow of International Human Rights, Center for International and Human Rights Law and Advocacy at jcrawf17@uwyo.edu.

April 21, 2020

The College of Law's Golten Fellow, Jamie Crawford, recommends that anyone currently under DACA should consider applying to renew DACA immediately, especially if you have one year or less remaining before expiration.

The Supreme Court will likely issue a decision on the DACA case (Department of Homeland Security v. Regents of the University of California) soon. According to national advocacy organizations in Washington D.C., it is possible that the decision could come as early as a week from now. In any event, a final decision is expected no later than June 2020. While it is impossible to know at this time what the Supreme Court will decide, many advocacy groups believe the most likely result is that the Supreme Court will end the DACA program, but that USCIS will still process renewal applications received on or before the date of the Supreme Court's decision. We hope that current DACA holders will continue to be able to work and to be protected from deportation, even after the Supreme Court decision. But we expect those protections will only last until the current DACA grant expires. Note that renewals are granted for 2 years from the time of the renewal application, not from the current expiration date.

If you need assistance applying to renew your DACA, please contact Golten Fellow Jamie Crawford via email at jcrawf17@uwyo.edu. She especially urges those with recent arrests or criminal charges to reach out for assistance.

For additional information or if you have questions, please contact:

Jamie Crawford

Robert J. Golten Fellow of International Human Rights

Center for International Human Rights Law & Advocacy

University of Wyoming College of Law

307-766-2397 or immsupport@uwyo.edu

http://www.uwyo.edu/law/centers/ihrla/index.html