Undocumented Students

On October 5, 2022 the US Court of Appeals for the Fifth Circuit ruled in the case Texas v. United States, that the Deferred Action for Childhood Arrivals (DACA) program was not legal.

However, rather than immediately order an end the program, it sent the case back to the US District Court for the Southern District of Texas to consider whether the recently released Final Rule published by the US Department of Homeland Security would cause it to reconsider its initial ruling. Unfortunately this outcome means that the uncertainty surrounding DACA will continue, though many legal experts are pessimistic that the District Court will reconsider its initial ruling.

For current DACA recipients and DACA applicants, the status quo remains. For those who already have DACA, renewals remain open and current DACA recipients can still apply for advance parole (which allows for temporary travel outside and lawful return to the US). First-time applications to DACA are closed and the US Citizenship and Immigration Services cannot process these applications.

NYU, along with more than 200 colleges and universities, has called on Congress to act swiftly to protect DACA recipients by passing legislation before the end of 2022

For the time being, the US government is accepting and processing renewal requests, so members of the NYU community whose DACA is eligibility is expiring are encouraged to submit renweals as soon as possible. NYU’s Immigrant Defense Initiative is available to help members of the NYU community who navigate the renewal process.

If you are renewing your DACA authorization, the Tejani Immigrant Pathways Fund has been established to help eligible undocumented students and staff pay for DACA application fees. The Fund is open to all current NYU students and staff, who are under considerable financial hardship.  Applications for support from the Tejani Immigrant Pathways Fund may be mailed to the Immigrant Defense Initiative, 245 Sullivan St., 5th Fl., New York, NY, 10012, or emailed to immigrant.defense@law.nyu.edu.   

Despite the ongoing uncertainty regarding the future of DACA, let there be no doubt that here at NYU, our support for Dreamers, and other undocumented members of our community, is unwavering. We also recognize that they will need our support, and are committed to providing it, including continuing to provide financial assistance to undocumented students.

We are also working to ensure that NYU’s voice on this critical issue is heard loudly and clearly, and we will continue to be strong advocates on behalf of the 800,000 Dreamers who now find their legal status wholly dependent on Congress’ ability to pass legislation that extends legal protections.

While President Hamilton first wrote these words to President Trump in 2017, it is just as relevant today:

As an educator, I can attest to the vibrancy, talent, and ambition that the Dreamers bring to the classroom, the laboratory, and the campus. Their story is, in fact, a genuinely American story: they have earned their places on our nation's campuses through merit and hard work. And as an immigrant myself, I can attest to their love of country, their embrace of its values, their desire to contribute to its welfare, and their hope to see it live up to its highest principles…

The right course for these young people and their families, for our university communities, and for our country is to maintain DACA unaltered. I hope your administration will do so. Few things would be more at odds with our national ideals than punishing the innocent. And compassion is a particularly potent and noble American quality.

We of course are actively monitoring developments surround DACA, and will continue to update this page as new information becomes available.

We also want to remind you that NYU’s Immigrant Defense Initiative provides free legal advice, referrals, and/or representation on immigration issues to NYU students, staff, and faculty. Members of the NYU community can schedule a confidential consultation with an Immigrant Defense Initiative attorney by phone at 212.998.6640, or by email at immigrant.defense@law.nyu.edu.

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