DACA at UNC Charlotte

What is DACA?

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced that it would not deport certain undocumented youth who came to the United States as children. Under a directive from the DHS secretary, these youth may be granted a type of temporary permission to stay in the U.S. called “deferred action.” The Obama administration called this program Deferred Action for Childhood Arrivals, or DACA. (https://www.nilc.org/issues/daca/)
On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. 
 – Department of Homeland Security
Update from the Department of Homeland Security found at https://www.uscis.gov/DACA
On October 5, 2022 the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for  further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.
At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order [PDF] (PDF) and the ongoing partial stay, we will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests. 

What Does This Mean? 

(taken from Department of Homeland Security Additional Information FAQ as of July 16, 2021)
 
  • On July 16, 2021 the U.S. District Court for the Southern District of Texas declared the DACA policy "illegal" and vacated the June 15, 2012, memorandum issued by the Department of Homeland Security (DHS) that created DACA. It remanded the memorandum to DHS for further consideration.
  • The court further issued a permanent injunction (PDF, 401.59 KB) prohibiting the Department of Homeland Security's continued administration and reimplementation of DACA without compliance with the Administrative Procedure Act, but temporarily stayed the permanent injunction as to individuals who obtained DACA on or befor July 16, 2021, including individuals with renewal requests.
  • The July 16, 2021, order from the Southern District of Texas specifically allows DHS to continue to accept initial as well as renewal requests.
  • Therefore, consistent with this order, U.S. Citizenship and Immigration Services (USCIS), a component of DHS, will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization, but will not grant initial DACA requests after July 16, 2021, and their accompanying requests for employment authorization. USCIS will continue to grant or dent renewal DACA requests, according to existing policy.
  • DHS will comply with this court order while it remains in effect. DHS is working with the Department of Justice (DOJ) to seek appeal of the district cpurt's decision.
  • DHS will also continue to engage the public in a rulemaking process to preserve and fortify DACA, consistent with the January 2021 presidential memorandum.

DACA at UNC Charlotte

Along with our sister institutions in the UNC System, UNC Charlotte is continuing to monitor federal legislative action regarding DACA. The message shared by Chancellor Dubois on September 6, 2017 supports that UNC Charlotte "remains steadfast in fulfilling the founding vision of this institution: to open access and create opportunities for all deserving students." UNC Charlotte officials will continue to monitor the status of DACA and update affected students of any changes.
Unfortunately, federal regulations do not allow undocumented and DACA students to receive federal financial aid. Also, current state regulations do not allow undocumented and DACA students to receive in-state tuition rates at universities in North Carolina. This can be a heavy burden for students when planning for college. Below are some current financial resources shared by the Office of Undergraduate Admissions that DACA students can review to help them search for additional funding.
Please know that while specific federal guidance is still uncertain, students can seek support from several campus resources listed below. 
UNC Charlotte’s reputation as a welcoming and inclusive community is something we can all ensure by continuing to be caring and supportive of all members of the 49er family. 

Campus Resources

UNC Charlotte Resources:

Other Resources: