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Deferred Action for Childhood Arrivals (DACA)

deferred action

Update on Deferred Action for Childhood Arrivals (DACA)

On September 5, 2017, the Trump Administration issued a memorandum rescinding the DACA program. This rescission is a “phasing out” of DACA rather than an immediate cancellation.

What does this mean?

Most importantly, the Department of Homeland Security (DHS) will generally not terminate existing periods of DACA or revoke work permits based on currently valid periods of DACA solely based on the new memorandum. Individuals who DHS determines no longer meet the criteria for deferred action may lose their DACA and work permit.

Initial DACA applications

  • Initial DACA applications filed before September 5, 2017, will continue to be adjudicated on a case-by-case basis.
  • Initial DACA applications filed after September 5, 2017, will be rejected.
  • Renewal DACA applications

  • DACA renewal applications for those whose DACA expires between September 5, 2017, and March 5, 2018 will be considered, as long as they were filed by October 5, 2017.
  • Renewal DACA applications filed after October 5, 2017, will be rejected.
  • Renewal DACA applications filed for people whose DACA expires after March 5, 2018, will be rejected.
  • Advance Parole applications

  • Applications for Advance Parole based on DACA will not be approved, even if already filed.
  • Already approved Advance Parole documents may be honored, depending on the discretion of Customs & Border Protection.
  • What should I do if I have DACA?

    You should meet with an immigration attorney to see if you have other forms of immigration relief available to you. This is particularly important since DACA renewals are no longer a possibility.

    It is particularly important for you to meet with an immigration attorney if you have ever been arrested, if you have pending criminal charges, or if you have ever been the subject of an immigration removal or deportation order.

    You should know your rights and be prepared to respond if you have contact with Immigration & Customs Enforcement (ICE) for any reason. Attorneys at Millar & Hayes PC can provide this type of information as part of a standard consult session.

    If you have an approved Advance Parole application based on DACA and have not yet traveled, you should meet with an immigration attorney to discuss the risks and benefits of travel.

    Schedule a consultation with our firm to learn more about your options. One of our Seattle immigration attorneys will be happy to assist.

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