DACA

THE END OF DACA
9/2017

By: Petula McShiras, Esq. / Immigration Attorney at Hanes & Bartels, LLC

On September 5, 2017, Attorney General Sessions officially announced the rescission or end of Deferred Action of Childhood Arrivals, commonly called DACA.  President Trump called on Congress to act by March 5, 2018.  What does this announcement and the March 5, 2018 date mean?  Here’s what we can tell you:

  • If you have never filed for DACA, you cannot do so now. The Government will reject all DACA initial requests filed after September 5, 2017.
  • If you currently have an initial DACA application pending or a renewal DACA application pending, USCIS will adjudicate those application filed as of or prior to September 5, 2017 on an individual, case-by-case basis.
  • If you currently have DACA and it is set to expire prior to March 5, 2018, you must file a renewal DACA application by October 5, 2017.
  • If you currently have DACA and it expires after March 5, 2018, your work authorization card is valid until the end date on the card. This means you have the right to continue working lawfully until your work permit expires.
  • Any DACA renewal applications submitted after March 5, 2018 will be rejected.
  • If you have filed a Form I-131 application for advance parole under guidelines associated with the DACA program, the application will be administratively closed and the Government states they will return any associated fees for the Form I-131.
  • The Government will not approve any new Form I-131 applications for advance parole for those associated with the DACA program.
  • If you have already been granted Form I-131 application for advance parole based on guidelines associated with the DACA program, consult with Hanes & Bartels, or a trusted immigration attorney, prior to traveling.

If there is no congressional action by March 5, 2018, DACA recipients may be subject to deportation, especially as their work authorization cards expire or if they incur anycriminal violations.  It is important to consult with Hanes & Bartels, LLC or another trusted immigration attorney to be screened for possible immigration options for which you may qualify.

If you currently have DACA, the ending of DACA may also affect other benefits, such as driver’s license, social security, etc.

Please contact Hanes & Bartles, LLC to speak to one of our trusted immigration attorneys today if you have questions about how the end of DACA may affect you or what your immigration options are!