Make the Road New York | National Immigration Law Center | Jerome N. Frank Legal Services Organization
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On November 14, 2020, we won a court decision protecting DACA-eligible immigrant youth. If you are eligible for DACA, sign up to receive more information about Batalla Vidal v. Wolf.
IF YOUR EAD EXPIRES IN LESS THAN 30 DAYS AND YOU HAVE NOT YET RECEIVED YOUR NEW EAD, PLEASE CONTACT US AT DACACLASS@NILC.ORG. WE MAY BE ABLE TO HELP.
As a result of our Batalla Vidal litigation, a court issued an order on November 14, 2020, requiring the government to accept first-time requests, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017. The court also extended grants of DACA and employment authorization documents (EADs) that were issued for one year to two years. The court also certified a nationwide class that includes all individuals who are or will be eligible for DACA, as well as a subclass of individuals who had applications for DACA, whether initial or renewal, pending with USCIS on any date between June 30 and July 28, 2020, and that have not been or will not be adjudicated according to the 2012 DACA memorandum. If you are in one or both of these categories, you are a member of the class without having to take any further steps.
(For answers to frequently asked questions that provide background information on this lawsuit, click here.)
DISCLAIMER: On July 16, 2021, a federal district court judge in Texas declared the DACA program unlawful. Although individuals eligible for DACA may continue to submit applications, the federal government is now prohibited from granting DACA for any new applicants.
If you already have DACA, this order does not cancel or otherwise terminate your DACA or work authorization. For now, renewal applications for recipients of DACA will continue to be processed and adjudicated.
If you currently have DACA or are eligible for the DACA program, we recommend that you consult with an immigration lawyer to discuss your options. You can find resources for contacting immigration lawyers in your area in the Frequently Asked Questions.
EXTENSION OF ONE-YEAR OF DACA AND EMPLOYMENT AUTHORIZATION DOCUMENTS (EADs) TO TWO YEARS
Anyone granted DACA for a one-year period between July 28, 2020 and December 4, 2020 had their DACA extended automatically to two years. Additionally, the government will issue new EADs to all DACA recipients who received EADs valid for only one-year. The new EADs are required to be issued no later than 30 days before the expiration of the one-year EADs. For example, if your current EAD is set to expire on November 21, 2021, USCIS should issue you a new EAD by Friday, October 22, 2021. These EADs will be automatically issued at no cost to DACA recipients.
- If you received a one-year grant of DACA and employment authorization, you do not need to reapply to extend your DACA and employment authorization. Affected individuals were sent individualized notices before January 8, 2021 stating that their DACA and EADs had been extended to two years and that they would be mailed a new EAD no later than 30 days before the expiration date of their current EAD. Affected DACA recipients should renew based on their two-year expiration date. USCIS recommends submission of renewal applications 120 to 150 days before their two-year expiration date.
If your current one-year EAD expires in fewer than 30 days and you have not received a new EAD, you may have been affected by a processing delay. On August 17, 2021, the government notified the court in Batalla Vidal that an error delayed the processing or mailing of some of the new extended EADs. USCIS is working to correct the error. If your current one-year EAD expires within 30 days and you have not received the extended EAD, please contact us at DACAclass@nilc.org. We may be able to help. We also recommend that you check the status of your EAD on your account page and/or on the USCIS case status website, available at https://egov.uscis.gov/casestatus/landing.do.
- You are not required to notify your employer that you are awaiting your new EAD. If your employer asks to reverify your work authorization because your EAD is expiring, you can present your current EAD and the notice that you received from USCIS about its extension for an additional year. For additional information about your workplace rights as a DACA holder, click here.
What should I do?
Check back on this webpage regularly for updates. If you think you are eligible to apply for DACA for the first time, consult with an attorney or accredited legal representative. You may also register to receive updates using the “Sign Up” link, above.