Secretary Johnson Announces Process for DACA Renewal

USCIS to Publish New Form to Allow Individuals to Renew Their Deferred Action

Release Date: June 05, 2014

WASHINGTON—Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years. At the direction of the Secretary, effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program.  As of April 2014, more than 560,000 individuals have received DACA.

“Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our border illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers,” said Secretary Johnson. “By the renewal of DACA, we act in accord with our values and the code of this great Nation. But, the larger task of comprehensive immigration reform still lies ahead.”

The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.

DACA is a discretionary determination to defer removal action against an individual. Individuals in DACA will be able to remain in the United States and apply for employment authorization for a period of two years. Individuals who have not requested DACA previously, but meet the criteria established, may also request deferral for the first time. It is important to note that individuals who have not continuously resided in the United States since June 15, 2007, are ineligible for DACA.

Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:

• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
• Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

The renewal process begins by filing the new version of Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. There is a filing and biometrics (fingerprints and photo) fee associated with Form I-765 totaling $465. As with an initial request, USCIS will conduct a background check when processing DACA renewals.

To know more about the process, or for a consultation please contact our office at 954-306-6921 or go to our webpage at www.carlosesandoval.com.

'Gang of Eight' sets cutoff date for citizenship under immigration deal



Posted by

CNN Congressional Producer Alan Silverleib

Washington (CNN) - Any undocumented immigrant who entered the country after December 31, 2011, will not be eligible for citizenship under terms of the immigration deal set to be unveiled Tuesday by the bipartisan "Gang of Eight" senators, a Senate aide told CNN on Saturday.

Specifics of the program included in the legislation were among the details the eight senators - four Republicans and four Democrats - needed to iron out. Sources with knowledge of the matter told CNN this week the sweeping measure was on track to be unveiled Tuesday.



Members of the Senate Judiciary Committee will hold their first public hearing on the legislation on Wednesday, followed most likely by committee markups in May and consideration by the full Senate in June, according to the sources.

The measure includes a 13-year path to citizenship that could affect up to roughly 11 million undocumented residents, as well as the creation of a system to assess border security.

– Related: Partisan and generational divides over pathway to citizenship, polls show

The path to citizenship would take 10 years for undocumented workers to get a green card, and then another three years to gain citizenship.

Along the way, undocumented workers would have to pay a fine and back taxes and pass a background check. The size of the fine remains unclear.

No undocumented worker would be eligible for citizenship until the border is considered secure - a key sticking point for conservatives.

To measure border security, a commission would be created with the task of establishing and assessing a set of quantifiable criteria. The commission would be made up of officials named by state and federal leaders.

Several key Senate conservatives, including Sen. Jeff Sessions, R-Alabama, remained convinced Friday the group's proposal would be tantamount to amnesty for people who initially entered or have illegally remained in the United States.

"It is likely millions of current and future illegal immigrants ... will benefit from this amnesty," he said in a statement.

The "Gang of Eight" includes Sen. Michael Bennet, R-Colorado; Sen. Marco Rubio, R-Florida; Sen. Lindsey Graham, R-South Carolina; Sen. John McCain, R-Arizona; Sen. Jeff Flake, R-Arizona; Sen. Robert Menendez, D-New Jersey; Sen. Dick Durbin, D-Illinois; and Sen. Chuck Schumer, D-New York.

Viewed as a potential Republican presidential candidate in 2016, Rubio will make a full-court press on the issue on Sunday network talk shows, including CNN's "State of the Union" with Candy Crowley.

His aides said the round of appearances will not include any announcements, but it should be viewed as his "opening argument" on immigration reform.

Democrats and Republicans in the House of Representatives, meanwhile, have been working on their own immigration overhaul plan.

Details of the House blueprint are not yet available. But Florida Rep. Mario Diaz-Balart, a key Republican in the House group, told CNN on Thursday that House negotiators have reached an agreement on the major issues, including border security and a pathway to citizenship.

The congressman declined to give any timeline regarding when a House bill would likely be introduced.