It was announced yesterday, on September 5, 2017, that the Trump Administration is rescinding the Deferred Action for Childhood Arrivals (“DACA”) Program.
What does this mean?
- U.S. Citizenship and Immigration Services (“USCIS”) will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of September 5, 2017.
- USCIS will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after September 5, 2017
- USCIS will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by USCIS as of September 5, 2017, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018, that have been accepted by USCIS as of October 5, 2017. See https://www.USCIS.gov/news/2017/09/05/memorandum-rescission-daca
- USCIS will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above
- USCIS will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods
- USCIS will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
- USCIS will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program and will refund all associated fees.
- USCIS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
If you have questions about a specific case, please give our office a call at 312-782-1804 to discuss with one of our attorneys.
DHS Press Release: https://www.dhs.gov/news/2017/09/05/rescission-deferred-action-childhood-arrivals-daca
DHS Memorandum: https://www.USCIS.gov/news/2017/09/05/memorandum-rescission-daca
DHS Frequently Asked Questions (English): https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca
DHS Frequently Asked Questions (Español): https://www.dhs.gov/news/2017/09/05/preguntas-frecuentes-anulaci-n-de-la-acci-n-diferida-para-los-llegados-en-la
Click here for an Illinois-specific fact sheet about DACA in English
Click here for an Illinois-Specific fact sheet about DACA in Spanish