Legislation & Policy

Recent Updates & Changes

DACA

As of April 24, 2018, USCIS policy on DACA applications has not changed. New DACA applications will not be accepted. However, those who currently do have DACA are able to renew.

For more updates on DACA and how to renew your DACA, visit the United We Dream website.

Advance Parole for DACA Recipients

Please be advised per the Department of Homeland Security's website:

"Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole under standards associated with the DACA program. Those with a current advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border."

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 Immigrant Legal & Education Network (SFILEN).

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.