ISSUES

Beyond DACA: An Updated Checklist for Campuses to Support Undocumented Campus Members


Campus Checklist for Undocumented Students

On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit ruled that DACA was illegal. However, since the Biden Administration’s new DACA regulation is to take effect on October 31, 2022, the Fifth Circuit stayed the results of its decision and sent the case back to the district court to rule on the legality of the new regulation. For current DACA recipients and DACA applicants, the status quo remains. For those who already have DACA, the Fifth Circuit decision still allows DACA to continue and renewals to remain open. Current DACA recipients can still apply for advance parole. USCIS still cannot process new applications. It is also important to note that the majority of undocumented students on college campuses do not actually have DACA, a number of which would be eligible if the processing of applications had not been halted due to the litigation. (See DACA Update: What You Need to Know.)

The purpose of this updated checklist is to ensure that campuses have the tools they need to respond to future developments, keep their resources up to date beyond DACA, and explicitly recognize that many undocumented students are not DACA students. This checklist is intended to help support DACA, former DACA, DACA-eligible, and undocumented students, scholars, faculty, and staff. You also can check out 5 Things Colleges and Universities can do in the Wake of the Fifth Circuit’s Decision on DACA.

As a reminder, in February of 2020, the Presidents’ Alliance convened a group of campus, higher education, and immigration advocacy stakeholders. During this session, participants created a checklist representing the top five priorities campuses can consider engaging in to prepare for a Supreme Court decision regarding Deferred Action for Childhood Arrivals (DACA). While the Supreme Court did not rule DACA unconstitutional, the DACA program has faced many more threats since 2020. The circumstances around DACA and its future have only become more complicated.