As part of the Department of Homeland Security’s (DHS) orderly wind-down of the Deferred Action for Childhood Arrivals (DACA) program, the agency announced the following:
Existing Deferred Action and Work Authorization
- Current DACA recipients have only until October 5, 2017 to renew their employment authorization documents (EADs) if they are set to expire between September 5, 2017 and March 5, 2018. This means that if your DACA/EAD expires, for example, on January 2, 2018, USCIS must receive your renewal application by October 5, 2017 for it to be processed.
- Current DACA recipients’ grants of deferred action and work authorization will remain valid until they expire, unless these grants are terminated or revoked by the agency.
New Applications for Deferred Action
- U.S. Citizenship and Immigration Services (USCIS) will not accept new or first-time DACA applications received after September 5, 2017.
- USCIS will adjudicate on an individual, case-by-case basis all properly filed new or first-time DACA applications that have been accepted as of September 5, 2017.
Advance Parole Based on DACA
- Current DACA recipients with valid advance parole will generally retain this benefit until their advance parole is set to expire.
- USCIS will stop processing any pending advance parole applications and will refund any corresponding filing fees.
DHS has also stated that personal information received by USCIS as part of the DACA application process will not be provide to Immigration and Customs Enforcement (ICE) agents for the purposes of deportation or removal proceedings, unless the DACA recipient meets their enforcement guidelines.
President Trump’s decision to rescind DACA has elicited strong reactions across political lines. According to news media, the threat of a lawsuit from Republican-leaning states was one of the motivators behind the administration’s decision to rescind the Obama-era program. Meanwhile, attorneys general from Democratic-leaning states have filed a lawsuit in New York federal court to stop the Trump administration from rescinding DACA, citing constitutional violations and the administration’s failure to follow the formal rulemaking process.
CPG Immigration Law Group will continue to monitor this development and publish regular updates. Please contact our office for your case specific questions and for further information.