Rescission of DACA

Today, Attorney General Jeff Sessions announced the rescission of DACA (“Deferred Action for Childhood Arrivals). In collaboration, Active Secretary of Homeland Security Duke issued a new memorandum delineating the unwinding process of DACA.

Pursuant to the memo, the following information is EFFECTIVE IMMEDIATELY:

1. If you do not have DACA, or do not have a DACA application pending, then you cannot apply as the program was terminated and USCIS will no longer be accepting new applications.

2. If you have DACA and a work permit which expire on or before March 5, 2018, then you can apply for a 2-year renewal, but your APPLICATION MUST BE RECEIVED ON OR BEFORE OCTOBER 5, 2017.

3. If you have DACA and a work permit expire AFTER MARCH 5, 2018, then you are not eligible to extend your DACA or employment authorization; inasmuch, you will lose your protection from removal on the date your DACA expires which is printed on your employment authorization document.

4. If you have a DACA application pending that was received on or before September 5, 2017, your application will continue to be processed.

5. If you have DACA and a valid Advance Parole Travel Document, you may use the document to travel to and from the United States as long as you return before the document expires.

a. Please note, Customs & Border Protection (CBP) can still refuse your lawful entry into the United States even if you do have a valid travel document. Consult an Immigration lawyer before travelling.

6. If you have a DACA-based Advance Parole Travel Document application pending with USCIS as of September 5, 2017, then your application will be closed and your filing fees will be returned to you. As of today, USCIS is no longer processing or approving applications for Advance Parole for DACA recipients.

7. Your DACA protection can be terminated at any time, such that the government has the authority to terminate your DACA and work permit should it be determined you are no longer eligible, or for any reason.

8. Find an Immigration Lawyer if you do not already have one.

9. DO NOT TALK TO A NOTARIO as they are not attorneys, and are not trained or licensed to lawfully advise you in the legal proceeding(s) of your case.

10. Congress may still pass a law to protect our DACA recipients and Dreamers. Immigration reform has been long overdue, and the time is NOW for our advocates and community leaders to fight for the reform and protection of those who have given so much to this country.

In sum, this post was designed for purely informational purposes, and is not to be construed as legal advice. Furthermore, this post will be followed with more legal updates regarding current immigration changes as implemented by federal, state, and local levels in the days to come.