On September 5, 2017, President Trump made a decision ordering the end of the Deferred Action for Childhood Arrivals (DACA) program. DACA is a program that began during the Obama-era that protects young undocumented immigrants from deportation. It is believed that nearly 800,000 young undocumented immigrants will be subject to deportation with the end of DACA.
Following guidance from Attorney General Sessions, the Acting Secretary of the Department of Homeland Security, Elaine Duke, issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, thereby initiating an orderly wind down of the program.
The Department of Homeland Security has published a Frequently Asked Questions page regarding the DACA rescission. The following provide helpful answers to important questions regarding this matter:
Question: What is going to happen to current DACA holders?
Answer: Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked.
Question: What happens to individuals who currently have an initial DACA request pending?
Answer: The United States Citizenship and Immigration Services (USCIS) will adjudicate—on an individual, case-by-case basis—all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017.
Question: What happens to individuals who currently have a request for renewal of DACA pending?
Answer: USCIS will adjudicate—on an individual, case-by-case basis—properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017. USCIS will reject all requests to renew DACA and associated applications for EADs filed after October 5, 2017.
For more answers to frequently asked questions, click here.
In sum, the DACA program will officially be phased out in its entirety on March 5, 2018, and current DACA applicants may continue to renew until October 5, 2017.
Our offices will continue to keep you apprised of any further developments regarding this matter.