The U. S. Citizenship and Immigration Services has said that the Supreme Court’s 4-4 decision on June 23, 2016, in United States v. Texas does not affect existing policy regarding 2012 Deferred Action for Childhood Arrivals (DACA).
According to a statement from USCIS, individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under the 2012 guidelines.
It said that “the Supreme Court decision does, however, mean that the injunction prohibiting implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded DACA remains in effect.”
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal.
They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. He/she must also be at least 15 years or older to request DACA, unless he/she is currently in removal proceedings or has a final removal or voluntary departure order.
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