DHS Rescinds the DACA Program

On September 5, 2017, the Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) program established under the Obama Administration. The decision to rescind the program was announced by Attorney General Jeff Sessions and the DHS subsequently issued Frequently Asked Questions (FAQs) on its website regarding the terms of the rescission of the DACA program

This rescission will have immediate and significant consequences for those who are eligible for DACA and those currently benefitting from the DACA program.

Individuals currently on DACA

* DHS will permit individuals with DACA to retain their period of Deferred Action and Employment Authorization until they expire. Once they expire, these individuals will no longer benefit from Deferred Action or work authorization.

* DHS may or may not take enforcement action against individuals after the expiration of the DACA period. Individuals with expiring DACA should be mindful of their legal rights in the United States

Individuals current holding DACA whose current DACA period expires between September 5, 2017 and March 5, 2018

* DHS will continue to process DACA renewal applications that were pending on September 5, 2017 and will continue to accept DACA renewal applications through October 5, 2017 (only if the DACA period expires between September 5, 2017 and March 5, 2018)

* DHS will not accept DACA renewal applications after October 5, 2017

Individuals whose DACA period expires after March 5, 2018

* DHS will permit individuals with DACA to retain their period of Deferred Action and Employment Authorization until they expire. Once they expire, these individuals will no longer benefit from Deferred Action or work authorization.

 

DACA holders and Travel on Advance Parole

* DHS will no longer allow individuals with DACA to apply for advance parole permission to travel outside of the United States.

* DHS will close all pending applications for DACA advance parole and refund the associated fees.

 

First-Time (“Initial”) DACA Applications

* DHS will continue to process initial DACA applications that were pending on September 5, 2017.

* After September 5, 2017 DHS will no longer accept initial DACA applications.

 

Kolko & Associates, P.C. encourages impacted individuals to take immediate action:

* If you have a pending initial or renewal DACA application, be sure to monitor your case carefully and timely respond to any notices or requests by DHS.

* If your DACA period is due to expire between September 5, 2017 and March 5, 2018, and you continue to be eligible for DACA, submit the renewal application immediately! DHS must receive the renewal application by October 5, 2017.

* If you have a pending advance parole application, stay in contact with DHS to ensure that your filing fee is fully refunded.

* Know your legal rights in the event you encounter a DHS officer.

* Make a plan with your family in case you are detained by DHS.

* Consult with an immigration attorney to determine whether you have a pathway to lawful permanent residency status or other lawful immigration status in the United States.

* Contact your Congressional Representative and Senators to demand immigration reform. You can find relevant contact information here:

https://www.house.gov/representatives/find/

https://www.senate.gov/general/contact_information/senators_cfm.cfm

The attorneys and staff at Kolko & Associates, P.C. are deeply saddened by DHS’s decision to rescind the DACA program.

For more information on DACA, the rescission of the DACA program and/or alternative immigration options, please contact Kolko & Associates, P.C.