In a much expected announcement, Tuesday morning, September 5th, Attorney General (“AG”) Jeff Sessions announced that President Trump is rescinding the Deferred Action for Childhood Arrivals program, or, DACA. AG Sessions announced that DACA recipients whose EAD expires before March 2, 2018 will be allowed to apply for a two-year renewal, if submitted by October 5th, 2017. Today marks the last day that USCIS will consider new DACA applications.
The Department of Homeland Security (“DHS”) has released a memorandum providing details on the way in which it will “wind down” the DACA program. Under the terms of the memorandum:
- Previously issued EADs and grants of deferred action will remain valid for their full validity period, and DHS will not terminate deferred action or revoke EADs solely on the basis of the DACA program rescission.
- Requests for deferred action under DACA and related EAD applications that are currently pending will be adjudicated. No new initial requests for DACA or new DACA EAD applications will be accepted after today.
- Requests for renewal of DACA that are already pending will be adjudicated.
- DACA beneficiaries who have a grant of deferred action or an EAD that is expiring between September 5, 2017 and March 5, 2018 can file renewal applications. Applications for renewal must be filed by October 5, 2017. It is not yet known how what validity period will be issued for renewals when they are adjudicated.
- Effective immediately, no new DACA advance parole applications will be approved. All pending advance parole applications will be administratively closed and filing fees will be returned. Individuals with a currently valid DACA advance parole document can travel, although DHS retains the authority to deny admission and/or revoke or terminate parole where it deems appropriate. Despite the continued validity of a DACA advance parole, departing the country is likely not advisable at this time.
Please contact SPS Immigration should you have questions on how this announcement impacts your immigration status.