Rescission of Deferred Action for Childhood Arrivals (DACA) Program

On September 5, 2017 U.S. Attorney General Jeff Sessions sent a letter to the Department of Homeland Security asserting that the Deferred Action for Childhood Arrivals (DACA) Program was not statutorily authorized, and was therefore an unconstitutional exercise of discretion by the previous administration.   Based on the Attorney General’s position, the Trump Administration announced that it is winding down the DACA program over the next six months.  With regard to the rescission and winding down of the program, the Administration’s announcement outlines the following:

·       Current DACA recipients generally will not be impacted until after March 5, 2018, six months from today’s date, allowing Congress the opportunity to consider appropriate legislative solutions.

·       DHS’s enforcement priorities remain in place.  Absent a law enforcement interest, the Department will generally not take actions to remove active DACA recipients.

·       Initial requests for Employment Authorization Documents under DACA properly filed and accepted through September 5, 2017 will be processed.  Additional DACA initial applications filed after September 5, 2017 will not be accepted.

·       Renewal applications for DACA Employment Authorization Documents properly filed and accepted by October 5, 2017, for people whose current Employment Authorization Documents expire between September 5, 2017 and March 5, 2018, will be processed.  Any requests filed after October 5, 2017 will not be accepted.

·       Currently approved applications for advance parole for DACA recipients will generally be honored, but new applications will not be approved.  All pending applications for advance parole by DACA recipients will be closed and associated fees will be refunded.

Please contact us if you have any further questions.