By Gaby Pacheco November 22, 2017
We received this important email about DACA Renewals from our friends at NILC. If you renewed your DACA between September 5th and October 5th, and had an issue with your renewal, please read the message below.
On the evening of November 15, 2017, USCIS announced it would reconsider DACA renewal applications that were rejected as untimely due to U.S. Postal Service delays. The New York Times broke the story here, and the government confirmed its position in a hearing in Batalla Vidal v. Duke on Thursday, November 16, 2017, in which NILC, along with Make the Road New York and the Jerome N. Frank Legal Services Organization (LSO) at Yale Law School, are co-counsel. If you were affected by the October 5 DACA renewal deadline in any way, we definitely want to hear your story! Please fill out this survey.
Here’s the news: If you submitted your DACA renewal application before October 5, but it was not received until after October 5 due to mail delays—and you have a tracking number or other evidence of the delays—you will be able to re-submit your application for DACA renewal. You must show that the late delivery of your application was due to mail delays. If you do not have a tracking number or other documentary evidence of your mail submission (such as the postmark on your package), you or your attorney may wish to explore more creative ways to explain the date you mailed your application, such as submitting a declaration. USCIS is expected to issue guidance on how to re-submit soon, so please read that guidance and consult with an attorney before you re-submit. If you have questions or concerns about this new development, please reach out to us at [email protected].
In addition to late-arrived applications, the Acting Secretary of Homeland Security, Elaine Duke, addressed individuals whose applications were received on October 5 but still rejected. If you are in this situation, you should expect to receive communication directly from USCIS regarding your DACA renewal application. If you are in this situation and feel comfortable sharing your story with us (whether or not you actually receive communication directly from USCIS), please reach out to NILC at [email protected] or fill out our survey.
USCIS’s announcement does not appear to include relief for individuals whose renewal applications were received timely by USCIS but rejected for clerical errors. If you are in this situation, please let us know. The more stories and examples of this we can collect and share with the government, the more we can advocate that the government should allow these individuals to reapply as well.