Middlebury welcomes and supports students who are undocumented or DACA-designated throughout their time at the College.
Updated as of 1/18/2022
International Student and Scholar Services (ISSS) is committed to supporting students who are undocumented or are eligible to apply for Deferred Action for Childhood Arrivals (DACA) by providing relevant resources to assist students and their supporters.
Elaine Orozco Hammond, Director of Equity Initiatives, serves as the on-campus point person for current undocumented and DACA students.
You may also talk with Kathy Foley, Associate Dean and Director of ISSS, about questions or concerns.
We protect the privacy of students who reach out to us and are able to guide and advise students about accessing resources on and off campus.
News and Updates
DACA Litigation Updates:
Texas Court Rules Against DACA Program
On July 16, 2021 the U.S. District Court for the Southern District of Texas issued a ruling that the U.S. Department of Homeland Security violated the Administrative Procedures Act with the establishment and continuation of the DACA program. The Court said that DHS can continue to accept and approve DACA renewal applications, and accept but not adjudicate initial DACA requests.
Federal Court Ruling in NY
On December 4, 2020, the U.S. District Court for the Eastern District of New York ruled to vacate the July 28 DHS memorandum. The Court further ordered that Department of Homeland Security restore DACA to its pre-September 2017 terms and that the agency post on its website, within three calendar days of the court order, information about the program’s restoration and the agency’s acceptance of new DACA applications and applications for advance parole.
Under the new decision, U.S. Citizenship and Immigration Services (USCIS) must: (a) accept initial applications for DACA for eligible applicants; (b) accept applications to travel internationally for educational and other grounds; and (c) restore existing work permits to two years, up from one.
- Over one million current and potential DACA recipients could benefit from this decision.
- United We Dream is providing an updated resource page for DACA-eligible individuals and the people who support them.
See these USCIS resources for more information about DACA:
- DACA Overview
- Filing for DACA—Forms and Instructions (scroll under the announcements to see details)
- Renew Your DACA
- DACA FAQs
- DACA Filing Tips
Prior Litigation and USCIS Actions:
SCOTUS announces decision on DACA
On June 18, 2020, the Supreme Court of the U.S. (SCOTUS) announced a decision regarding the continuation of DACA. Subsequently, the U.S. Department of Homeland Security enacted further restrictions in practice. Despite the SCOTUS ruling, USCIS indicated that it will not accept new applications and it is limiting the duration of the DACA recipient’s employment authorization to one year.USCIS Resumes Processing DACA Renewals following Federal Court Order
USCIS DACA Instructions as of January/February 2018:
On January 13, 2018, USCIS posted instructions for filing DACA renewals per a January 9, 2018 federal court order (and a subsequent February 13, 2018 filing).
- According to the USCIS website, the agency will accept renewal applications for DACA recipients whose DACA expired on or after September 5, 2016.
- Individuals who previously received DACA, but whose DACA expired before Sept. 5, 2016 may request renewal, yet must file as if it is for the first time.
- USCIS is not accepting new DACA applications from individuals who have never had DACA before.
- USCIS will no longer accept applications for advance parole from DACA recipients.
- The National Immigration Law Center and United We Dream have prepared a set of FAQs on DACA Renewal Applications, including important reminders and guidance.
Federal Court Ruling on DACA
On October 8, 2018, the Ninth Circuit Court of Appeals left in place the January 9, 2018 preliminary injunction granted by the District Court of the Northern District of California. There are a number of concurrent DACA cases at various stages in several jurisdictions. The orders in these cases maintain the status quo for now, while the cases proceed.
The National Immigration Law Center maintains a good page on the status of DACA litigation.
On January 9, 2018 the federal district court for the Northern District of California issued an order directing the government to partially maintain the DACA program. The decision orders the Dept. of Homeland Security (DHS) to maintain the DACA program nationwide, with the following exceptions: new applications “need not be processed”; advance parole applications based on DACA do not have to be continued; and the government can exercise discretion in adjudicating renewal applications. The order instructs DHS to post notice that it will resume receiving DACA renewal applications. The agency updated its webpage on January 13, 2018.
For more information about previously announced changes to DACA (as of September 5, 2017), please refer to this resource page on the NAFSA: Association of International Educators website.
On September 1, 2017, President Laurie Patton and Miguel Fernández, Chief Diversity Officer and DACA Point Person, shared this statement with the Middlebury community.
On November 23, 2016, President Laurie Patton issued this statement regarding Middlebury’s commitment to all of our students.
Last updated as of 1/24/2019 (note: We plan to update these resources later in 2022.)
In December 2016, the American Council on Education (ACE) released an issue brief entitled Immigration Post-Election Q&A: DACA Students, “Sanctuary Campuses,” and Institutional or Community Assistance that offers a timely analysis of certain postelection questions and concerns.
From U.S. Citizenship and Immigration Services
- Consideration of DACA Process: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
- Travel while on DACA (see Q57): http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions#travel
- Form I-131, Application for Travel Document: http://www.uscis.gov/i-131
United We Dream: The largest immigrant youth-led organization in the nation http://unitedwedream.org/
We Own the Dream: A national campaign to help aspiring Americans brought to this country as children take advantage of the opportunity to apply for DACA and work permits http://www.weownthedream.org/
Educators for Fair Consideration (E4FC): Aids low-income immigrant students in their pursuit of a U.S. college education http://e4fc.org/
My (Un)Documented Life: Up-to-date information and resources (scholarship opportunities, navigating the educational system, and more) for undocumented students http://mydocumentedlife.org/
ImmigrationLawHelp.org is an online directory of nearly 1,000 free or low-cost nonprofit immigration legal services providers in all 50 states. Its website is searchable by state, county, or detention facility, and searches can be refined by types and areas of legal assistance provided, populations served, languages spoken, other areas of legal assistance, and nonlegal services provided.
Immigrant Youth Justice League: Working towards full recognition of the rights and contributions of all immigrants http://www.iyjl.org/
National Immigration Law Center: Dedicated to defending and advancing the rights of low-income immigrants https://www.nilc.org/
If you have questions or concerns, please contact Elaine Orozco Hammond, Director of Equity Initiatives, or a member of the ISSS staff for guidance.