DACA is Ending

USCIS Puts Wind-Down Program in Place. Today, Attorney General Jeff Sessions announced that the Trump administration is rescinding the Deferred Action for Childhood Arrival program, a program which the Obama administration had put in place in 2012 through executive action to provide employment authorization and other temporary benefits to undocumented individuals brought to the United States as children.

In response, U.S. Citizenship and Immigration Services (USCIS) has released a memo detailing its plan for winding down DACA.  The memo states that, after today, September 5, 2017, USCIS will not accept any new DACA applications or related applications for employment authorization but will adjudicate those received by September 5 on a case-by-case basis.

USCIS will consider renewal applications for those whose DACA or DACA-related employment authorization expires before March 5, 2018 on a case-by-case basis until October 5, 2017.  USCIS will not terminate previously issued deferred action or revoke Employment Authorization Documents (EADs) solely based on the rescission directive from DHS.  USCIS will not approve any new DACA-based advance parole applications and will administratively close all such pending applications, but will generally honor the full validity periods of those advance parole documents that have already been issued.

It is estimated that approximately 800,000 people will be directly affected by DACA rescission.  The Trump Administration is telling Congress to develop a legislative solution. It is far too early to tell what Congress will do. The complete text of the memo is available at: https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca#.

We will keep you apprised of any future litigation or legislative changes that could affect DACA recipients. If you have any questions about how DACA rescission may affect you or your employees, please do not hesitate to contact us.