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DACA – The Fight & Uncertainty for Young Immigrants

Feb 18, 2018 News

By Attorney Gail Seeram
DACA was slated to end on March 5, 2018, but the U.S. District Court recently issued an injunction to prevent its termination.  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 announced on September 5, 2017, the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama. The Trump administration has indicated a willingness to provide some protection to young immigrants, but in exchange, he wants to end Chain Migration (or legal family immigration filed for brother/sister, parents and children over age 21).  To date, no legislation has been introduced or passed extending DACA or ending chain migration.
However, as of January 13, 2018, due to a U.S. District Court decision, U.S. Citizenship & Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Individuals who were previously granted deferred action under DACA may request renewal with the appropriate fee or approved fee exemption request.  USCIS is not accepting requests from individuals who have never been granted deferred action under DACA.  USCIS will not accept or approve advance parole requests from DACA recipients. If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request.
So, the state of DACA or employment authorization granted to young illegal immigrants is still uncertain, as it is now tied up in U.S. District Court of Appeal.  At the end of the day, there needs to be a permanent solution of benefit granted to young illegal immigrants brought to the U.S. as minors, by no fault of their own.  Additionally, the issue of 12 million illegal immigrants in the U.S. also needs to be addressed to grant them legal status and not mass deportation.

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