Today the Trump administration announced it’s ending DACA but there’s a “wind-down” period. Remember that Pres. Obama put DACA into effect in 2012 when Congress failed to protect “Dreamers.” It’s now up to Congress to do something.
- You can’t file for DACA for the first time after today Sept. 5.
- Initial applications filed as of Sept. 5 will proceed.
- Renewal requests/applications filed as of Sept. 5 will be adjudicated.
- If you currently have DACA and a work permit that will expire between Sept. 5 2017 and March 5, 2018 (six months from now) you can file an extension/renewal request until Oct. 5 2017 (one month from now).
- They will not terminate valid work permits (EADs) and DACA status already issued.
- You can no longer apply for “advanced parole” which allows you to travel outside the country temporarily and no more advance parole will be granted even if your application is pending but they will issue refunds for the fees paid. They will honor advance parole already issued.
Recognizing the complexities associated with winding down the program, the Department 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 this memorandum.
- Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this 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 this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum 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 this 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, CBP will—of course—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—of course—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.