DACA Phase-out in 6 months – Steps going forward…

Sep 24, 2017 News

Gail S. Seeram

By Attorney Gail Seeram

On September 5, 2017, the Trump administration announced the orderly phase out of the programme known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama.

Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college. All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15. The Trump administration has indicated that he is willing to provide some protection to young immigrants but he wants Congress to pass a bill into law. To date, no such legislation has been successfully passed into law and that is why President Obama executed an executive order implementing DACA. Below are common questions about the DACA phase-out.

Questions about DACA/Employment Card Phase-out:

Can I renew my DACA before it ends in March 2018? Yes, if your DACA expires between Sept. 5, 2017, and March 5, 2018, U.S. Citizenship and Immigration Services must receive your properly filed I-821D DACA renewal request on or before Oct. 5, 2017.
What is my DACA expired before September 5, 2017 and I did not submit a renewal application? The DACA process is no longer available to you and you cannot file for renewal.
What can I do if I lost my DACA employment card? You can file to replace your lost DACA employment card.
What will happen to current DACA holders? Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
When DACA ends, will those cases be referred to ICE for enforcement/deportation? Information provided to U.S. Citizenship and Immigration Services (USCIS) in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE (such as criminal conviction or meeting other grounds for removal). This policy may be modified, superseded, or rescinded at any time.
Can DACA recipients apply for advance parole to travel outside the U.S.? Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole. USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
What is breakdown of DACA expiration due to DACA phase-out? From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.