Essential questions on Supreme Court’s recent DACA ruling
Thursday was a great day for immigrant rights. In a blow to anti-immigrant restrictionism, the U.S. Supreme Court determined that President Trump violated procedural rules when trying to end the Deferred Action for Childhood Arrivals program, keeping it in place.
Here’s the answer to some common questions about the DACA ruling:
QDoes the Court decision mean that DACA will be available indefinitely? A No, the Trump administration can try again to end DACA, but that would take some time, probably beyond the end of President Trump’s present term in office. Should Joe Biden get elected president in November, he could keep DACA in place, maybe even expand it.
QIf I have DACA now, can I renew it? A Yes, and if you had DACA but let it lapse, you can apply to have it reinstated. While you have DACA, you remain authorized to work in the United States, and immigration cannot deport you if the only reason for your deportation is that you have no other lawful status here.
QI never had DACA. Can I apply for it now? A As I read the decision, yes. We will have to see if the Trump administration puts up a fight to accept new requests. To qualify for DACA, you must be at least 15 years of age and have come to the United States before age 16. Additionally, you must have been here continuously since June 15, 2007. An applicant must have been under 31 on June 15, 2012. Certain criminal convictions make you ineligible.
QIf I have DACA can I get permission to travel abroad? A The Supreme Court decision will force the U.S. Citizenship and Immigration Services to grant travel permission, called “advanced parole” to DACA recipients but the Trump administration may put up a fight.
QWhere can I get help applying for DACA or for advanced parole? A To get legal help throughout New York State, call the NYS Office of New Americans Hotline at (800) 566-7636. In New York City, call 311 and ask for ActionNYC.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.