Advice

Attention: DACA recipients and applicants

On Sept. 5, 2017, the Trump administration announced the orderly phase-out of the program known as Deferred Action for Childhood Arrivals (DACA). You may need to take action before Oct. 5, 2017 to renew your DACA.


Contact elected officials today

"As a Changemaker campus of ethical leaders and compassionate citizens, we have an opportunity, right now, to demonstrate inclusive excellence by confronting discrimination and injustice and offering assurances of safety and solidarity, particularly to students who desire to be productive and law-abiding citizens. We can also fulfill our responsibility as engaged citizens by contacting our elected officials to urge them to take immediate legislative action to support DACA students and support policies that foster inclusive excellence on our campus." - President Harris, Sept. 6, 2017

Advice for DACA recipients and applicants

On Sept. 5, 2017, the Trump administration announced the orderly phase-out of the program known as Deferred Action for Childhood Arrivals (DACA).

How the decision to end DACA will affect Dreamers, according to senior Department of Homeland Security (DHS) officials:

  • For any initial DACA requests and applications for Employment Authorization Documents (EADs) that have been received as of Tuesday, Sept. 5, U.S. Citizenship and Immigration Services (USCIS) will adjudicate them on an individual case-by-case basis.
  • USCIS will reject all initial DACA requests and associated EADs received after Tuesday, Sept. 5.
  • For any requests for renewing DACA benefits and associated applications for EADs that have been received as of Tuesday, Sept. 5, USCIS will adjudicate them on an individual, case-by-case basis.
  • For individuals whose DACA status expires between Tuesday, Sept. 5, 2017 and March 5, 2018, USCIS can still adjudicate their renewal requests, but only if they're received by Oct. 5, 2017.
  • If an individual's DACA protection expires March 6, 2018 (or a date thereafter) and he or she has not already submitted a renewal application, the individual would be subject to deportation on March 6, 2018 (or a date thereafter).
  • For any EADs that are lost, stolen or destroyed, USCIS will continue to process the replacement document for the remainder of duration that they're valid.

This information comes from "How the decision to end DACA affects Dreamers", citing the memorandum on the rescission of DACA from DHS Secretary Elaine Duke. You can read more about the phase-out on the US Citizenship and Immigration Services website.

Know Your Rights and Prepare

5 Things to Know About the End of DACA

Thumbnail of a flier with "5 Things to Know About the End of DACA"

Flier created by National Immigration Law Center and United We Dream.


Frequently asked questions regarding Potential Changes to Immigration Policies and Enforcement

The following is informational and does not constitute legal advice. Each individual case is different, and advice may vary depending on the situation. For legal advice and support, go to www.sandiego.edu/law/free-legal-assistance/. 

The current national dialogue on immigration could result in sweeping changes to immigration policies and enforcement. The following are questions and answers that may be helpful in understanding the current environment and national dialogue:

What changes in immigration policy and enforcement can we expect with the new administration?

At this point, there is not a definitive answer, but it is possible that, under a Trump Administration, more federal resources will be shifted towards immigration enforcement. Policy recommendations could become law without specifically requiring an act of Congress.

I have DACA. What can I expect now that the program is ending?

On Sept. 5, 2017, it was formally announced that the Trump administration would end the Deferred Action for Childhood Arrivals program known as DACA.

You can track media reports about DACA on this website's news center. With the announcement, the administration gave Congress a six-month window to find a legislative solution, and permits will not begin to expire for another six months, and will remain active for up to 24 months. We will work to gather a more formal set of recommendations soon.

What immigration programs can President Trump repeal?

Any law that was not passed by Congress could be eliminated by a new president, through the issuance of new regulations, or, if it is just a statement of policy, can be rescinded by the executive branch through a memo. This includes, but is not limited to, Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS) for nationals from specific countries, the parole-in-place program for spouses, children and parents of active or reserve U.S. military personnel, the I-601(A) provisional waiver program for people with unlawful presence, work permits for spouses of H1-B visa holders, and optional practical training for international students.

As a DACA student, will the federal government use my information to find and deport me?

Deporting the more than 700,000 DACA recipients would be very time-consuming and expensive. DACA recipients are also near the bottom of the government’s priority list for deportation. However, families should still take precautions now by discussing other legal options with a qualified immigration lawyer. There would also certainly be a legal challenge to use of private data submitted under DACA for enforcement activity. Browse our legal resources page on this website. 

Should I apply for DACA now?

As of Sept. 5, 2017, you can no longer submit new applications for DACA. If your DACA benefits will expire between Sept. 5, 2017 and March 5, 2018, you are able to reapply until Oct. 5, 2017.

What will happen with expanded DACA (DACA 2014)?

Implementation of these initiatives has been halted by a lawsuit.

I have a pending immigration petition. What will happen with my application?

For non-DACA applications pending with USCIS, there is no reason to believe that those applications will stop being normally processed according to current laws. 

How can I find out if I have other options to avoid deportation?

Seek assistance from a reputable immigration lawyer. Visit www.sandiego.edu/law/free-legal-assistance

I've been placed in removal proceedings. What can I do?

Talk to an immigration lawyer immediately to plan your next steps. You have the right to a hearing before any decision is made about whether you have to depart the country. You also have the right to an appeal. 

Can my citizenship be taken away if my parents are undocumented?

No. The U.S. Constitution grants citizenship to all people born in the U.S. regardless of their parents’ immigration status. There is not enough support to amend the Constitution to remove birthright citizenship, and any attempt to amend the Constitution would take years and would likely apply only to those born after adoption of an amendment.

Will in-state tuition / admission for undocumented students end?

No. The laws that provide instate tuition/admission for students are passed by states and cannot be changed by the president. 


Advice for other students feeling threatened by issues of identity or status

  • The Center for Inclusion and Diversity (Maher 253) serves as a one-stop for concerned students and students experiencing marginalization. The CID actively supports students with referrals to the right resources and advocacy.
  • Your faculty can be tremendous resources and can work with the CID and other offices to support students. 
  • The UFMC, Black Student Resource Center, International Center, University Ministry, Women’s Center, Veterans Center, SSS, and other targeted resources will welcome you and support you.