Today on September 5, 2017, the Trump administration rescinded DACA ( Deferred Action for Childhood Arrivals). DACA was established on June 15, 2012 by the Obama Administration in its prosecutorial discretion authority. DACA provided certain undocumented immigrants who entered the United States before the age of sixteen a period of deferred action and eligibility to request employment authorization. Here is what this means:
- USCIS will reject 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 initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of 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 the Department 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 the Department as of October 5, 2017. This means that for those who have not filed renewal DACA requests and whose current DACA “status” expires no later than March 5, 2018, MUST file the renewals before October 5, 2017.
- USCIS will reject DACA renewal applications for those who do not fall in the parameters set above: whose DACA renewal applications are not pending as of September 5, 2017 and whose DACA status will expire after march 5, 2018.
- USCIS will not terminate previously issued DACA “status” and revoke associated work authorizations.
- 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. HOWEVER, CBP will 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. I would advise anyone who holds an advance parole based on DACA “status” not to travel outside the U.S. until CBP has provided clear guidance as to whether or not it will continue to admit in the U.S. those who hold such advance parole under the DACA program.
- 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.
This decision is leaving 800,000 individuals who benefited from the DACA program devastated and The Trump’s administration left their fate in the hands of the Congress. Although, the administration insisted that these individuals are not a deportation priority, it did not confirm that none of these individuals will not be rounded up for deportation.
This article is provided for information purposes. Should you have any questions or be interested to learn more about this topic, contact Immigration Attorney Claudine Umuhire Gasana at email@example.com or call us at 678-296-4796.