Deferred Action For Childhood Arrivals (DACA)
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. This memorandum has since been challenged in federal court.
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
At this time, no new applications for an initial grant of DACA can be submitted.
Renewal DACA applications
Due to federal court litigation, USCIS is currently accepting applications for renewal of DACA. You should speak to a lawyer about your renewal.
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. There is no guarantee that someone who leaves the country on advance parole will be allowed to return to the U.S. It is recommended to speak with a lawyer before traveling outside the U.S. on advance parole.
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. Although it is still possible to renew DACA at this time, there is no guarantee that DACA renewals will be possible in the future.
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 a removal order 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. Do not travel outside the U.S. without speaking to a lawyer.
Schedule a consultation with our firm to learn more about your options. One of our Seattle immigration attorneys will be happy to assist.