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DACA Rescinded by Trump Administration – 6 Things to Know Now

On September 5, 2017, the Trump Administration announced that it would be rescinding the DACA program. Today’s announcement leaves Congress with a 6-month timeframe to consider a legislative solution.

It is our belief that this a cruel, cowardly, and utterly nonsensical decision. Leaving opinion aside, 6 important practical points which we’ve gleaned from today’s policy memorandum follow:

  • People Currently Holding a DACA Grant:  Previously issued Employment Authorization Documents and grants of deferred action will remain valid for their full validity period. USCIS will not terminate deferred action or revoke EADs solely on the basis of the DACA program termination. USCIS will continue to retain its authority to terminate or deny DACA where it deems appropriate.
  • Pending initial DACA requests:  Pending initial requests for DACA and related work permit applications will be adjudicated. No new initial requests for DACA and related work permit applications will be accepted after today.
  • Pending DACA renewals:  Pending renewals will be adjudicated.
  • New DACA renewals:  USCIS will allow DACA beneficiaries whose status is expiring between September 5, 2017 and March 5, 2018 to file renewal applications.  Renewals must be accepted by USCIS by October 5, 2017.  The memorandum does not mention whether USCIS will grant renewals for the full two-year period or a shorter period.
  • Advance parole applications:  No new DACA advance parole applications will be approved. All pending advance parole applications will be administratively closed and fees will be returned.
  • Current DACA advance parole documents:  Previously approved advance parole documents will generally be honored, though USCIS retains the authority to deny admission and/or revoke or terminate parole where it deems appropriate. Any DACA holder considering departing the US needs to confer with a licensed immigration attorney.

We will be closely monitoring DACA developments and announcements and will provide further updates when more information is released.

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