Deferred Action for Childhood Arrivals (DACA) Information

For more than 160 years, the Marianists have enriched our community, creating a welcoming and inclusive campus. Every person, no matter their faith or background, is treated with respect and openness. The University of Dayton is supported by The Characteristics of Marianist Universities in providing educational opportunities to:

• educate for formation in faith            
• provide an excellent education         
• educate in family spirit          
• educate for service, justice, and peace and
• educate for adaptation and change

We benefitted from the all-embracing and universal vision of the Blessed William Joseph Chaminade, founder of the Society of Mary, of educating all people. The Marianist approach to higher education is deeply committed to building community across diversity and promoting the common good (Common Themes in the Mission and Identity of the University of Dayton). We recognize our responsibility to understand and improve the world. This long tradition of the University is supported by the United States Catholic Conference of Bishops who have recently stated:

“We strongly urge Congress to act and immediately resume work toward a legislative solution. We pledge our support to work on finding an expeditious means of protection for DACA youth.

As people of faith, we say to DACA youth – regardless of your immigration status, you are children of God and welcome in the Catholic Church. The Catholic Church supports you and will advocate for you."

This page was last updated on December 2, 2021.

This website is intended to serve as an information hub for students and other members of the UD community who have DACA status or who are undocumented. 

Support on Campus

We are here to support you.  Anyone with questions or needing support, please consider the offices and individuals listed below as resources.

Financial Aid for Undocumented or DACA Students

The university is committed to supporting undocumented or DACA (Deferred Action for Childhood Arrivals) students with financial aid. Visit the Financial Aid for Undocumented or DACA Students website or contact Catherine Mix at cmix01@udayton.edu for information regarding common questions related to eligibility.

Latest Developments: DACA

The status of DACA is evolving.  The University continues to monitor the situation closely. Visit this page for updated information and resources. 

July 16, 2021

DACA Decision in State of Texas

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS  for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA.

December 2, 2020

Biden has promised to protect 'dreamers,' but DACA court challenge loom

The incoming US Presidential administration has indicated they intend to reinstate the federal program known as DACA. Several court cases related to DACA are pending that may have significant impact on the future of the program. 

December 26, 2018

Public Affairs

NOTICE: Due to the lapse in federal funding, this website will not be actively managed. This website was last updated on December 21, 2018 and will not be updated until after funding is enacted. As such, information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted. 

Important Information About DACA Requests

Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. For more information, visit Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction.

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

Feb. 14, 2018, Update:  USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Due to federal court orders on Jan. 9, 2018 and Feb. 13, 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. The scope of the Feb. 13 preliminary injunction issued in the Eastern District of New York is the same as the Jan. 9 preliminary injunction issued in the Northern District of California. Unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017, until further notice.

Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF). USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.

If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

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 as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but you may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.

Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion. DACA requests will be adjudicated under the guidelines set forth in the

June 15, 2012 DACA memo (PDF).

Last Reviewed/Updated: 02/22/2018

Source: https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-January-2018-preliminary-injunction

On June 22, 2018, the United States Department of Homeland Security issued a Memorandum on Rescission of Deferred Action for Childhood Arrivals - (DACA).  The memo formally rescinds the June 15, 2012 memorandum that created DACA, and initiated a wind down of the program.

For the University of Dayton community, we want to highlight the following from the Department of Homeland Security (DHS) website: 

• 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.
• All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
• The Department of Homeland Security is no longer accepting initial requests for DACA.
• The following will be adjudicated, on an individual, case by case basis:

- Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
- Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the September 5,2017 memorandum,and from current beneficiaries whose   benefits will experience between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017.

• Effective September 5, 2017, the U.S. Citizenship and Immigration Services (USCIS) will no longer approve any new Form I-131 applications for advance parole, seeking travel outside of the United States, 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, Customs and Border Protection will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document (allowing admission to the U.S.) at any time.
• Visit the Department of Homeland Security website for additional information.

Congress is expected to provide a legislative solution: https://www.dhs.gov/news/2017/09/05/rescission-deferred-action-childhood-arrivals-DACA. 

Where can I find more information?
We encourage affected students, faculty and staff to visit the Department of Homeland Security’s FAQ webpage. 

Several non-University resources listed at the bottom of this website may assist individuals in understanding components associated with the federal decision to rescind DACA. Students can call or visit the Office of Multicultural Affairs (OMA) if they have questions and/or to receive support. Faculty and staff should contact the Office of Legal Affairs

Background: DACA

On June 15, 2017, former Department of Homeland Security Secretary John F. Kelly, after consulting with the U.S. attorney general, signed a memorandum rescinding the Nov. 20, 2014, memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”), stating no credible path forward to litigate the currently enjoined policy (i.e., DAPA and DACA). 

On Sept. 4, 2017, U.S. Attorney General Sessions sent a letter to Acting Secretary Duke from the U.S. Department of Homeland Security advising that the Deferred Action for Childhood Arrivals (DACA) program should be rescinded and that a wind-down process should begin. DACA was created based on a June 15, 2012, Department of Homeland Security memorandum entitled, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.”  

Acting Secretary Duke released a memo on Sept. 5, 2017, entitled, “Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA)” that outlined the parameters in which DACA requests would be adjudicated during the wind down process. 

On Sept. 5, 2017, the U.S. Department of Homeland Security issued a press release that noted the letter from U.S. Attorney General Sessions, the memorandum from Acting Secretary Duke, and Frequently Asked Questions document. 

University Reaction and Communications Regarding Support for DACA

WOSU-AM: Dayton Higher Ed Leaders Urge Action for Dreamers (9/6/17)

Association of Catholic Colleges and Universities (ACCU) Statement on the Rescinding of DACA (9/5/17)

• The University of Dayton along with 1,300 Catholic educators signed a letter to Chief of Staff General John Kelly, urging, “It is a moral and policy failure when our government targets children and young adults who simply aspire to live the American dream. Breaking up families and communities undermines the best values of our nation.”

University statement on announcement DACA will be rescinded (9/5/17)

• Catholic higher education always has had a special role in educating immigrants and the children of immigrants; our campus is enriched by the many gifts and talents they bring. The order rescinding the federal Deferred Action for Childhood Arrivals (DACA) policy is deeply concerning to many on our campus and in the Dayton community who are or have family, friends or colleagues affected by this decision. We urge our representatives in Washington to act swiftly to pass legislation that offers a path to citizenship for Dreamers. We will continue to work with national groups to advocate for a solution that is fair to these young people and will best benefit our country.

Dayton Daily News: Area college presidents rebuke Trump administration plan to end DACA (9/5/17)

Dr. Eric Spina, University of Dayton President, tweets his support of Dreamers (9/4/17). 

President Eric Spina’s Blog: From the Heart

• Why Diversity Matters (8/7/17)
• A Community of Welcome (2/25/17)
• Our Values Guide Us (1/29/17)

University of Dayton Immigration Work Group Established (2/21/17)

University of Dayton #YouAreWelcomeHere Video (2/1/17)

• The University of Dayton has joined with more than 25 U.S. universities to create welcoming videos for international students. The #YouAreWelcomeHere campaign was initiated in 2016 to encourage universities to create and share welcoming messages. International students from approximately 70 countries add richness and diversity, and bring a global perspective to campus.

Dayton Daily News: Ohio Colleges Push for Protections for Illegal Immigrants (12/6/16)

The Washington Post: Catholic college leaders pledge solidarity with undocumented students (12/2/16)

Catholic Higher Education Leaders Affirm Support of Undocumented Students (11/30/2016)

• The University of Dayton expressed its support of support of undocumented students along with more than 120 presidents of Association of Catholic Colleges and Universities (ACCU) member colleges and universities.

Pomona College: Statement in Support of the Deferred Action for Childhood Arrivals (DACA) Program and our Undocumented Immigrant Students (11/21/16)

 http://www.acenet.edu/news-room/Pages/Institutional-Letter-Urging-Congress-to-Protect-Dreamers.aspx

The University of Dayton has protocols in place for responding to government authorities, particularly as such officials engage in immigration enforcement activities. It is important all offices are aware of these protocols. Please share this information with your colleagues and especially with students who work in your office. Information about the protocol can be found here.

Non-University Resources

Because of the unprecedented nature of the situation, the University advises DACA recipients to read and follow more than one trusted source of information. In addition to the information on this webpage, also consider exploring the resources listed below. This information is from official government agencies or established professional associations.

Advocates for Basic Legal Equality, Inc. (ABLE) 

• Dreamers: DACA is ending, how does that affect you?
• Affiliate Map and Listing (Qualified legal assistance and low-cost Catholic Legal Immigration Network Inc. affiliate list)
• Learn How to Avoid Scams
• Know Your Rights: A Collection of Resources

• Infographic: DACA Renewal Process and Tips (9/19/17)
• DACA Renewal Checklist (9/19/17)
• End of DACA FAQs (9/11/17)
• What Do I Need to Know About the End of DACA? (95/17)

Welcome Dayton: Immigrant Friendly City