Is there a primary point of contact on campus for help with relevant questions and concerns?
Yes. Persons seeking a central point of contact regarding immigration-related issues, policies, and/or support services may contact Harrison Hanvey, assistant campus minister for community service, at 202-319-5575 or hanvey@cua.edu for help in identifying and accessing the appropriate information or resource.
What is DACA?
In June 2012, President Obama directed the U.S. Department of Homeland Security (DHS) not to deport certain undocumented youth who were brought into the United States as children, individuals commonly referred to as “Dreamers.” DHS subsequently issued a notice granting these individuals temporary permission to stay in the U.S. under a program called Deferred Action for Childhood Arrivals (DACA). DACA does not grant formal legal status or offer permanent residency or citizenship for these individuals, but indicates they will not be deported for a period of time.
Individuals are eligible for DACA if they:
- were physically present in the United States as of June 15, 2012
- were under the age of 31 at that time
- came to the U.S. before their 16th birthday
- continuously resided in the U.S. since June 15, 2007
- are currently in school or have graduated with a GED
- have not been convicted of a felony or significant misdemeanors, and
- pose no threat to national security or public safety
What is the current status of the DACA program?
In September 2017, the then-Acting Secretary of Homeland Security issued a memorandum revoking the establishment of the DACA program. Since then, multiple lawsuits challenging the Trump administration’s actions to terminate DACA have been filed across the country. Two U.S. district courts have now enjoined, or halted, the government’s termination of DACA and required U.S. Citizenship and Immigration Services (USCIS) to continue accepting DACA applications from individuals who have previously been covered by DACA. A third U.S. district court, meanwhile, has ordered the government to follow its original 2012 policy of not sharing DACA recipients’ private information for enforcement purposes, while a fourth U.S. district court (in the District of Columbia) has twice issued orders striking down the termination of DACA and reinstating the original program. However, the court in D.C. partially “stayed” its order that vacated the Trump administration’s termination of the DACA program, postponing the effective date of portions of the court’s order that would require USCIS to accept DACA applications regardless of whether the applicants previously had DACA.
In May 2018, Texas and six other states filed a lawsuit in the U.S. District Court for the Southern District of Texas challenging the 2012 DACA program itself. The plaintiffs ask the court to issue a preliminary injunction that would stop USCIS from adjudicating applications for deferred action under DACA while the lawsuit is pending. After an August 8, 2018, hearing in Houston, Tex., on whether to grant a preliminary injunction, the court denied the plaintiff states’ request, concluding that such an injunction would not be in the public’s interest. As a result, it continues to be the case that individuals who have or have previously had DACA can apply to renew it.
The National Immigration Law Center's website is constantly updated with the latest information about the status of DACA.
Who is currently eligible for DACA status?
U.S. Citizenship and Immigration Services (USCIS) is not currently accepting requests from individuals who have never before been granted protection under DACA. Although, again, due to federal court orders issued earlier in 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. So, if you previously received DACA and your status expired on or after Sept. 5, 2016, you may still file to have your DACA status renewed. If you previously received DACA and your DACA expired before Sept. 5, 2016, or your most recent DACA grant was previously terminated, you cannot request DACA coverage as a renewal, but you may nonetheless file a new initial DACA request.
My DACA status is expiring, is now a good time to renew it?
We strongly recommend that students consult with Catholic Charities Immigration Legal Services for free legal aid for students interested in renewing DACA. Presently, individuals whose DACA expires into December 2019 can renew.
What happens if my DACA renewal request is currently pending?
Since January 2018, USCIS has been processing and accepting applications for renewal. However, because DACA-related court cases remain pending in various federal courts, the future of the DACA renewal program is far from assured. It may be stopped depending on future developments in these court cases.
Can I submit a first-time application for DACA?
If you have never had DACA before, you may not submit an application now. Only individuals who have had DACA at some point in the past can submit a renewal application.
I am a student with DACA status. Is it OK to fly domestically at this time?
According to the Transportation Security Administration (TSA), a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766), also known as your DACA work permit, is acceptable proof of identification for flying within the continental United States. If you do not have a valid work permit, or any federally issued identification, a valid passport from the country of origin is also acceptable proof of identification for flying domestically.
I am a student with DACA status. Is it OK to travel internationally at this time?
Currently, USCIS is not accepting applications for advance parole (approval to leave the U.S. and re-enter the country and maintain DACA status). Current DACA recipients are advised not to leave the country at this time as they may not be permitted to return to the U.S.
What is the DREAM Act?
In July 2017, U.S. Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) introduced the Dream Act of 2017, a bipartisan bill that would provide a direct road to U.S. citizenship for people who are either undocumented, have DACA or temporary protected status (TPS), and who graduate from U.S. high schools and attend college, enter the workforce, or enlist in a military program. Additional information about the DREAM Act is available through the website of the National Immigration Law Center.
What is the current status of the DREAM Act?
Although the Dream Act, in its various iterations, has long enjoyed bipartisan support—and, in fact, an overwhelming majority of Americans believe it should be approved—the current presidential administration, while expressing sympathy towards “Dreamers,” has been inconsistent in its interactions with members of Congress in actually moving forward with a bill. Still, various advocacy groups continue to pressure lawmakers to support inclusive, non–enforcement-based legislation that will protect as many people as possible.
Are there resources available to students to help in renewing DACA?
Catholic Charities Immigration Legal Services offers free legal assistance to students interested in renewing DACA. See more information about legal resources from Catholic Charities.
How is the University supporting undocumented students?
The Catholic University of America is committed to supporting undocumented students regarding the unique challenges they may face and recently established a working group of faculty, staff and students that meets regularly to focus on issues affecting undocumented students. President Garvey continues to support and advocate for federal efforts to resolve persistent questions about U.S. immigration policy, generally, and the DACA initiative and DREAM Act, in particular. federal legislation that would lead to a permanent path to legal permanent residency for undocumented students. The University also has created and maintains this website devoted to providing information about resources and guidance to undocumented students and prospective students.
Does Catholic University admit students and provide funding to students who are undocumented?
The University welcomes, values, and supports students of all backgrounds without regard to their immigration status. All interested individuals are encouraged to apply for the opportunity to benefit from the distinctive educational experience we offer, and we do not require students to provide proof of citizenship. And though Federal aid programs are not available to undocumented students, the University does provide institutional aid to undergraduate students who qualify for need-based aid without regard to immigration status.
How should faculty and staff respond if a federal or state official requests information regarding a current or former student?
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of information contained in all student education records. Information from those records may be shared outside of the university only with the written consent of the student or if an exception to FERPA’s consent requirement applies (e.g., directory information, health and safety emergency). Faculty and staff should not, and have no responsibility to, provide information to a federal official requesting immediate information on a phone call or during an on-campus visit. The University's Office of General Counsel can provide additional information regarding student privacy and dealing with requests for information.
What information does Catholic University disclose to the Department of Homeland Security immigration authorities about its undocumented students?
Catholic University protects the privacy of student information and records in strict accordance with the Family Educational Rights and Privacy Act (FERPA). The University will not release information regarding undocumented students’ immigration status to the Department of Homeland Security or any other law enforcement agency unless legally compelled to do so (e.g., a valid warrant, subpoena or other court order).
Does Catholic University Department of Public Service (DPS) officers arrest students who are undocumented?
Students will not be detained or arrested by DPS officers on the basis of immigration status alone. DPS does not have the responsibility to enforce federal laws regarding immigration status and will not ask students about their immigration status.
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is an immigration status given to nationals of certain countries temporarily for humanitarian reasons. It provides relief from deportation for these foreign nationals who were physically present in the United States of America during times of catastrophic events in their country of origin that prevent their safe return. The conditions making it unsafe for them to return include, but are not limited to: an ongoing armed conflict, an environmental disaster, an epidemic. To be eligible, individuals must be physically present in the U.S. on the date on which TPS is designated for their country of origin, and must have continuously resided in the U.S. since that date.
For more, see: https://www.uscis.gov/humanitarian/temporary-protected-status
What is the current status of TPS protections?
In January 2018, Temporary Protected Status (TPS) was terminated for 7 countries: Guinea, Liberia, Sierra Leone, Sudan, Nicaragua, Haiti, and El Salvador, leaving thousands of long-term residents of the United States vulnerable to detention and deportation. However, on Oct. 3, 2018, the U.S. District Court for the Northern District of California enjoined DHS from implementing and enforcing the decisions to terminate Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of a lawsuit challenging the termination. To implement the Court’s order, DHS announced on Oct. 31 that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua will remain in effect so long as the Court’s order continues. Also, in July 2018, Secretary of Homeland Security Kirstjen Nielsen announced 18 month extension of TPS status designations Somalia and Yemen, until March 2020. Other countries currently designated TPS include Honduras, Nepal, and Syria. The USCIS website is constantly updated with information regarding TPS.
In addition, employees who may have questions regarding TPS may contact Lisa Jordan in Human Resources at 202-319-5050.
What is DED and how is it different from TPS?
Deferred Enforcement Departure or DED is a discretionary decision made by the President of the United States to protect a certain class of individuals. Liberians have had DED or Temporary Protected Status (TPS) since 1991 by virtue of extensions over the last decade by Presidents George W. Bush and Barack Obama, Many recipients have resided in the U.S. for more than 25 years. The current White House, however, has announced the termination of the current DED for Liberia, which is now set to expire March 31, 2019.
Who is in charge of TPS?
Congress created Temporary Protected Status (TPS) a part of the Immigration Act of 1990. The Department of Homeland Security, upon the advice of the President, decides which countries to designate for TPS and whether to extend such status. USCIS is responsible for the granting of the status to individuals.
How long does TPS last?
Persons granted TPS are authorized to remain in the U.S. for a specific, limited period; initially no longer than 18 months. When this period expires, the DHS secretary may extend it for another specified period of 6 months, 12 months, or 18 months. The law permits DHS to extend a TPS designation for a country in need so long as the conditions that led to TPS being granted continue to exist or there are additional dangerous circumstances in that country. Congress did not impose an expiration or “sunset” date for the TPS law, overall.