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Rescission of Deferred Action For Childhood Arrivals (DACA)

On September 5, 2017, the Trump administration announced the rescission of the Deferred Action for Childhood Arrivals (DACA) program.  This impacts almost 800,000 individuals who have been granted DACA.

In a June 15, 2012 memorandum, the Obama Administration announced the DACA initiative.  DACA provided certain people who came to the U.S. as children and who meet several guidelines the opportunity to request consideration of deferred action for a period of two years, subject to renewal.  DACA recipients were also eligible for work authorization.

While Congress may pass a permanent protection for DACA recipients, here are answers to some questions:

  1. If You Do Not Have DACA or a DACA Application Pending. You cannot apply. The program has been terminated and new applications are no longer being accepted by USCIS.
  2. If You Have DACA That Expires on or Before March 5, 2018. If you have DACA and a work permit that expires on or before March 5, 2018, 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 That Expires After March 5, 2018. If your DACA and work permit expire after March 5, 2018, you are not eligible for an extension and your DACA, work authorization, and protection from removal will expire on the date shown on your DACA approval notice and work permit.
  4. If You Have a DACA Application Pending. If you have a DACA application that was received at USCIS 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. If you have DACA and have a currently valid advance parole document, you may still use the document to travel and return to the U.S. as long as you return BEFORE the document expires. However, even with a valid travel document, CBP can still refuse to let you in so it is best not to travel.
  6. If You Have an Advance Parole Travel Document Application Pending. USCIS will no longer process or approve applications for advance parole for DACA recipients. If you have an application for DACA-based advance parole pending as of September 5, 2017, USCIS will close the application and return the filing fees to you.

Please contact us if you have any questions.