Key Points To Know About The Rescission Of DACA

Fox Rothschild LLP

On September 5, 2017, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) officially rescinded the program known as Deferred Action for Childhood Arrivals (DACA) and implemented a six month phase out process. Pursuant to its official memorandum and FAQ, USCIS will allow current DACA recipients to keep their work authorization and deferred action status/benefits until they expire and take the following steps to end the DACA program:

  • Initial DACA Applications: USCIS will continue to adjudicate properly filed initial DACA requests and associated applications for work authorization that were accepted by USCIS as of September 5, 2017. However, USCIS will reject any initial DACA requests received after September 5, 2017.
  • Renewal DACA Applications: USCIS will continue to adjudicate renewal DACA applications and associated applications for work authorization that have been accepted by USCIS as of September 5, 2017. USCIS will also continue to accept renewal applications filed by DACA recipients whose benefits expire on or before March 5, 2018, until October 5, 2017. After October 5, 2017, USCIS will reject all DACA renewal requests.
  • Pending Applications for Advance Parole Based on DACA: Effective September 5, 2017, USCIS will no longer process or approve any DACA-based applications for Advance Parole (Forms I-131). Any pending applications for advance parole will be closed, and USCIS will return the filing fees to the applicant. Although DHS also stated that it will generally honor the validity period for previously approved applications for advance parole, the FAQs note that CBP retains the right to refuse admission to a person who presents themselves at a port of entry as a matter of discretion.
  • Current EADs that Are Lost, Stolen, or Destroyed: The DHS FAQs state that individuals can still apply to replace a valid EAD that has been lost, stolen, or destroyed.
  • Current Valid DACA EADs: Any individual with a currently valid DACA EAD can continue to work lawfully. DHS confirmed that it would not terminate or revoke previous approved DACA or EAD solely based on its decision to rescind the DACA program. However, if the applicant’s DACA status and EAD expires after March 5, 2018, they are not eligible for renewal.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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