Immigration News on DACA (Deferred Action for Childhood Arrivals)

The Law Office of Carabin Shaw has immigration attorneys ready to assist you.. The Law Office of Carabin Shaw has immigration attorneys experienced in assisting you with Immigration Matters. Simply call us and we will take the time to listen and advise you if we can help. Call us at 800-862-1260.

DACA (Deferred Action for Childhood Arrivals) is ending.

On Sept. 5, 2017, President Donald Trump announced that as early as March 2018, some of the 800,000 brought to the U.S. illegally as children who qualify for the DACA Program will become eligible for deportation.

Immediately following the President’s announcement, Acting Department of Homeland Security (DHS) Secretary Elaine Duke issued a memorandum wherein she initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA).

DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.

Next Steps for Phasing out DACA

All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.

USCIS will adjudicate, on an individual, case by case basis:

• Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
• Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.
• Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.

Rescission of the June 15, 2012 Deferred Action for Childhood Arrivals (DACA) Memo

On September 5, 2017, the U.S. Secretary of Department of Homeland Security rescinded the June 15, 2012 memorandum which had originally established Deferred Action for Childhood Arrivals (DACA).

Recognizing the complexities associated with winding down the program, the Department of Homeland Security will provide a limited window in which it will adjudicate certain requests for DACA and associated applications meeting certain parameters specified below. Accordingly, effective immediately, the Department:

• 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 the date of the September 5, 2017 memorandum.
• Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of the September 5, 2017 memorandum.
• 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 the date of the September 5, 2017 memorandum, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
• Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
• Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in the September 5, 2017 memorandum for the remaining duration of their validity periods.
• 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. Notwithstanding the continued validity of advance parole approvals previously granted, Customs & Border Patrol (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. Further, USCIS will retain the authority to revoke or terminate an advance parole document at any time.
• 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.
• 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.

Who Can Renew Their Deferred Action for Childhood Arrival (DACA):

You may request a renewal if you met the initial 2012 DACA guidelines and you:

• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

The Law Office of Carabin Shaw has immigration attorneys ready to assist you. The Law Office of Carabin Shaw has immigration attorneys experienced in assisting you with Immigration Matters. Simply call us and we will take the time to listen and advise you if we can help. Call us at 800-862-1260.

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