We recently wrote about the Supreme Court’s decision this summer, which blocked the government’s attempt to end the Deferred Action for Childhood Arrivals, or DACA, program. In its decision, the Supreme Court said the government did not provide a reasoned explanation for ending the program. It then sent the case back to the lower court. A Maryland district court judge restored the DACA program to its original status.
In light of these rulings, USCIS must continue to process both first-time applicants for DACA as well as renewals for individuals with expiring DACA status. It should also process Advance Parole requests for DACA recipients. Advance Parole allows for DACA recipients to travel outside of the U.S. for a specific purpose. There are advantages and disadvantages for DACA recipients to travel using Advance Parole. USCIS has not yet published guidance on how it will process these requests, so it is still important to weigh the potential risks before submitting an initial DACA or Advance Parole request.