For immigration advocates, one of the most consequential issues that will likely be decided by the presidential election is the future of Deferred Action for Childhood Arrivals, or DACA. On June 18, 2020, the Supreme Court held in DHS v. Regents of the University of California that the manner in which the Trump administration had attempted to end DACA was not lawful. The decision provided a reprieve for those with DACA but left open the possibility that the executive branch could cancel DACA, but it would have to do so in a way that complies with the Administrative Procedures Act, leaving the fate of DACA in the hands of the executive branch. For more information on what has happened after the Supreme Court decision, see CLINIC’s Digest on DACA Developments.

In anticipation of the possibility that DACA could end, CLINIC has updated resources on permanent forms of relief for which DACA recipients may be eligible. Most recently, we updated our practice advisory titled Motions to Reopen for DACA Recipients With Removal Orders. DHS allowed individuals seeking DACA to apply even if they had a removal order. DACA recipients who were previously ordered removed are most vulnerable to being detained and removed quickly from the United States if DACA actually ends in the future. This practice advisory provides detailed information on the different types of removal orders and how the practitioner should approach each type of removal order in a motion to reopen. We also provide a sample motion to reopen with equitable tolling arguments. While this practice advisory focuses on DACA recipients, it is also an excellent general overview of the legal requirements for motions to reopen.

CLINIC has also updated asylum-related resources for DACA recipients, including a practice advisory titled, Overcoming the Asylum One-Year Filing Deadline for DACA Recipients and another titled, LGBTI DACA Recipients and Options for Relief under Asylum Law. Please watch our website for the soon-to-be-released update to our fourth practice advisory in this series titled, Non-Lawful Permanent Resident Cancellation of Removal Under INA § 240A(b) for DACA Recipients.