USCIS (US Citizenship and Immigration Services) has published updated FAQs regarding the DACA program following the recent decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”).
A federal judge in Texas has issued a ruling to block all new DACA applications nationwide. Existing recipients and renewal applications will be unaffected for now.
US District Judge Andrew S. Hanen stated that the program oversteps executive authority. He remanded the issue to the Department of Homeland Security, which asserted it is ready and willing to try and fix legal defects in the program.
Read more here. The full opinion is available here.
UW’s 2021 Federal Agenda urges Congress to pass permanent, positive solutions for DACA recipients and their families as part of a comprehensive immigration reform package.
The ICE Student and Exchange Visitor Program (SEVP) announced it will extend COVID-19 related flexibilities through the 2021-22 school year, including allowing continuing international students to count online classes towards a full course of study. These flexibilities were originally announced in March 2020.
An updated FAQ can be found here.
Members of the UW community with specific questions should contact ISS or ISO depending on their affiliation.
The US Department of State has published updated FAQs regarding visa processing, which can be found here. Visa processing will resume as local conditions at embassies and consulates allow.
Travel restrictions remain in place for foreigners who have been present in China, Iran, Brazil, UK, Ireland, South Africa, and the 26 countries in the Schengen area within 14 days preceding arrival into the US.
Members of the UW community with specific questions about their status should contact International Scholar Operations or International Student Services.
This week the House is set to vote on, and likely pass, two significant pieces of legislation as part of the Administration’s immigration overhaul push.
The Farm Workforce Modernization Act of 2021 would provide a path to legal status for certain undocumented agricultural workers.
The American Dream and Promise Act would offer a path to citizenship for DACA recipients via green card who arrived in the US before their 18th birthday, before 01/01/21. This is provided the applicant meets specific education, employment, or service requirements. It would also offer a path to citizenship for individuals in the US from nations under Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).
The American Dream and Promise Act is not to be confused with the bipartisan DREAM Act reintroduced in the Senate which would offer some expanded protections for DACA recipients.
While the bills are likely to pass in the House, and have support from President Biden, the Senate would need to overcome the 60-vote filibuster threshold for the legislation to become law.