TRUMP ENDS DACA

DACA or Deferred Action for Childhood Arrivals was a program put in forth by former president Obama back in 2012 as an executive order granting, now, more than 800,000 undocumented immigrants who were brought to the United States as a child, protective status.

Back in November 2016, President Trump and his administration campaigned and spoke out about ending DACA , but never specified additional information. This past week, the removal of DACA became an apparent part of President Trump’s agenda and today, September 5, 2017, the termination of the program has been officially declared.  Congress still has time to enact legislative solutions, but for now, it is important to note the specifics of his announcement, as it might affect you or a family member and assumes dates that are near. We are troubled about the decision, but request everyone to be careful and to pay attention to the details below. Please see the following breakdown of Mr. Trump’s announcement. Accordingly, effective immediately, the Department:

1. 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 the date of this memorandum.
2. Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
3. 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 the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
4. Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
5. 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.
6. 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.
7. 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.
8. 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.

IMMEDIATE ACTION: If you are a DACA recipient whose status expires between 9/5/2017 and 3/5/2018 your renewal application has to reach USCIS by October 5, 2017 to have your DACA renewed.

Although USCIS has mentioned that they will still honor validity dates of approved I-131, Advanced Paroles based on DACA status, it is advisable to contact and discuss your case with an attorney before travelling.