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Immigration Law Associates, PC

TRUMP ADMINISTRATION TERMINATING DACA

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On September, 5 2017 Attorney General Sessions announced on behalf of the Trump administration the phase out and termination in six months of the Deferred Action for Childhood Arrivals (DACA).  The Obama administration had implemented this program back in 2012 and so far 800,000 young people have been protected from deportation and granted employment authorization.

The applicants had to meet strict requirements including: demonstrating proof of presence, identity, student status, a clean criminal record and have been under the age of 31 as of June 15, 2012 and come to the United States before reaching their 16th birthday.  DACA would grant these Dreamers status for 2 years and a work permit card.  Former President Obama had implemented this as a temporary program until Congress could get lasting immigration legislation in place, that bill never came.  Many of these young adults do not even remember the countries they come from or their native tongues, as they were brought to the United States undocumented as children.

Since the announcement yesterday, immigration activists have protested around the country and lawsuits have been filed.  In New York, Batalla Vidal et al. v. Baran et al. alleges that the Trump Administration’s reversal of DACA violates the Administrative Procedure Act (APA) and the Fifth Amendment of the U.S. Constitution.

A summary of key points of the Department of Homeland Security Memo is below:

  • USCIS won’t consider NEW applications for DACA dated after Sept. 5, 2017.
  • DACA applications filed before Sept. 5, 2017 that are PENDING will continue to be adjudicated.
  • USCIS will adjudicate on an individual, case by case basis any DACA RENEWAL permit expiring between now and March 5, 2018. That application must be submitted by Oct. 5, 2017.
  • USCIS will not terminate the grants previously issued DACA or revoke Employment Authorization documents for the remaining duration of their validity periods.
  • USCIS will not approve any new I-131 Travel Documents, but will honor continued validity of those previously granted. Will administratively close all pending I-131 applications and refund all associated fees.

Please contact our office should you have any further questions or concerns.

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