On September 5, 2017, the Trump Administration rescinded the June 15, 2012 memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” which established the program known as Deferred Action for Childhood Arrivals (“DACA”). If you are a DACA beneficiary or applicant, here is what you need to know:
- Any pending DACA “initial request” filed by September 5, 2017 will be processed and adjudicated by the Department of Homeland Security (DHS).
- DHS will reject all DACA “initial requests” filed after September 5, 2017. So, if you have not yet filed your DACA initial request, you may no longer do so.
- DHS will process and adjudicate all pending DACA renewal requests that were filed by September 5, 2017.
- If you are a DACA beneficiary whose current benefits (deferred action and work authorization) will expire between September 5, 2017 to March 5, 2018, you have until October 5, 2017 to file your DACA renewal request and work permit renewal application. If your DACA status and work permit is expiring on or before March 5, 2018, please call our office immediately to schedule an appointment to renew your DACA. The deadline to file is October 5, 2017.
- If your DACA status and work permit will expire after March 5, 2018, do not submit a renewal application as DHS will reject it. DHS will only accept renewal requests if your DACA expires between September 5, 2017 and March 5, 2018.
- DHS will not terminate or revoke previously issued deferred action or employment authorization. So current DACA recipients can retain their DACA benefits until it (period of deferred action and employment authorization) expires. DACA benefits are generally valid for two years from the date of issuance.
- DHS will not approve any new travel permit (advance parole) applications filed through the DACA program.
- DHS will honor previously approved applications for travel permit (advance parole) for the validity period. However, beneficiaries are strongly encouraged to consult with an immigration attorney before departing the United States pursuant to a previously approved travel permit.
- DHS will administratively close all pending travel permit (advance parole) applications filed under the DACA program, and will refund all fees.
- As before, DHS maintains its discretion to terminate or deny deferred action at any time it deems it appropriate.
- Information provided to USCIS in DACA requests will generally not be proactively provided to ICE and CBP for the purpose of immigration enforcement, unless the applicant meets the criteria set forth in November 7, 2011 memo entitled Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens.
For more information see Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA) and Frequently Asked Questions: Rescission Of Deferred Action For Childhood Arrivals (DACA).
