Legislation & Policy
Recent Updates & Changes
Update: Deferred Action for Childhood Arrivals (DACA)
As of July 16, 2021, federal Judge Hanen (Texas) has ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. As a result, DACA has partially ended. For individuals who currently have DACA, can continue to renew and apply for Advance Parole. For individuals who are eligible for DACA but have never applied, the Department of Homeland Security (DHS) can still accept your application but will not be able to process it.
Learn more about this recent ruling through Dreamer Fund's DACA Discussion with USF Professor and Immigration Lawyer Bill Ong Hing (July 20, 2021).
For more updates on DACA and how to renew your DACA, visit the United We Dream website.
Please note that we are not lawyers and therefore the above should not be considered legal advice. If you are seeking legal advice, contact an attorney or find one through the San Francisco Immigration Support Hub or the National Immigration Legal Services Directory.
Relevant Legislation
AB 60 requires the department to issue an original driver license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency.
To learn more about AB 60, visit the California Department of Motor Vehicles website.
AB 540 exempts certain non-resident students who have attended high school in California and received a high school diploma or its equivalent from the payment of non-resident tuition.
To learn how AB 540 impacts you, visit the AB 540 website.
A combination of three bills (AB 540, AB 130 and AB 131) that allow undocumented and nonresident documented students to pay resident fees at public colleges and universities and apply for private scholarships, state-administered financial aid, university grants, and Cal Grants.
For more information about the California DREAM Act, visit the California Student Aid Commission website.
The Development Relief and Education for Alien Minors (DREAM) Act is a piece of proposed legislation that would provide a pathway to permanent residency and U.S. citizenship for qualified undocumented immigrant students. Congress has not yet approved the DREAM Act.
DACA establishes that certain individuals who arrive in the U.S. as children may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. The Secretary of Homeland Security makes these determinations on a case-by-case basis.
Plyer vs. Doe establishes that undocumented immigrant students have a right to a K-12 public school education. This ruling stated that undocumented children who were brought to this country by their parents would be relegated to a permanent underclass in the United States if they were to be denied access to a public school education k-12 due to their undocumented immigrant status. Unfortunately, the right to a public education was not extended to higher education by the Plyler vs. Doe ruling.