ImmigrationINFO Immigration News..Future of DACA – Deferred Action for Childhood Arrival

Nov 27, 2016 News

By Attorney Gail Seeram

As part of his immigration platform, President-elect Donald Trump pledged to end the Deferred Action for Childhood Arrivals (DACA) initiative which was announced on June 15, 2012 by DHS Secretary Janet Napolitano. Though statements on Trump’s campaign website clearly indicate an intention to end DACA, much remains to be seen.
We do not know how or when DACA might end. It is possible that USCIS could stop accepting or approving all DACA applications. Alternatively, USCIS could halt only certain components of DACA. For example, it could stop accepting initial DACA applications, stop accepting or approving renewal applications, or revoke DACA for individuals who currently have it.
If the new Administration were to revoke DACA, the individual’s employment authorization would also be revoked. Trump could take action on DACA immediately or soon after the inauguration, weeks or months later, or not at all if he softens or changes his views.
As of June 30, 2016, USCIS has approved close to 750,000 DACA applications and more than 525,000 DACA renewals, since the agency began accepting DACA applications in 2012.
The political power of the DACA population and immigration advocates should not be underestimated, and the Trump Administration will likely balance the above options against the political repercussions it would face by targeting a compelling population that generates sympathy with the public.
Moreover, during the past several years, 75 percent of Americans have supported a legalization plan for the undocumented that includes permanent legal status.
RISK OF ENFORCEMENT ACTION:
Because DACA was created through President Obama’s executive action in the form of a policy memorandum, there are no statutory or regulatory confidentiality provisions that completely protect the information applicants provided to DHS from being used for enforcement purposes.
Thus, information provided in a DACA application may be shared with ICE and CBP for immigration enforcement purposes only if the requestor meets the criteria for NTA issuance, but information may be shared with other law enforcement agencies (including ICE and CBP) for purposes other than removal.
“Other purposes” may include identifying and preventing fraud, national security concerns, and the investigation or prosecution of criminal offenses. What we do know is that information pertaining to individuals who have been granted DACA is already known to the government. Therefore, it does not appear that individuals seeking to renew their DACA benefits would incur additional risks by submitting a renewal application.
On the other hand, the submission of a new initial application at this time would require the individual to disclose their personal information to DHS and could increase their exposure to any potential enforcement actions the new administration decides to take. COST AND PROCESSING TIMES:
According to USCIS, initial DACA applications are taking more than 9 months to adjudicate.
Thus, if a client decides to file an initial DACA application today, it will not be processed before President-elect Trump takes office on Friday, January 20, 2017. Renewal applications are being processed more quickly, so applications submitted soon may have a chance of being adjudicated before Trump takes any actions to roll back DACA. But the bottom line is that there is no guarantee that any application will be processed timely which means there is a chance that an application fee will be wasted if DACA is rescinded before an application has been processed.
CONCLUSION:
In light of the above considerations, some organizations are advising people to refrain from applying for initial DACA benefits for now, while suggesting that individuals may consider still filing to renew existing DACA benefits. Again, this is a decision that should be made after consultation with an experienced immigration attorney.
For more information, contact Gail Law Firm:
Email: Gail@GailLaw.com
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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