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Trump Administration Rescinds DACA September 5, 2017

On September 5, 2017, the Trump Administration announced the elimination of the Deferred Action for Childhood Arrivals (DACA) program.  The September 5, 2017 memo allows current DACA recipients to keep their work authorization and deferred action grants until they expire, and take the following steps to end the DACA program:

 Initial DACA Applications: USCIS will adjudicate properly filed initial DACA requests and associated applications for work authorization that were accepted by USCIS as of September 5, 2017. USCIS will reject any initial DACA requests received after September 5, 2017.

 Renewal DACA Applications: USCIS will adjudicate renewal DACA applications and associated applications for work authorization that have been accepted by USCIS as of September 5, 2017. Until October 5, 2017, USCIS will also continue to accept renewal applications filed by DACA recipients whose benefits expire on or before March 5, 2018. USCIS will reject all DACA renewal requests that do not fit these parameters, including all applications received after October 5, 2017.

 Applications for Advance Parole Based on DACA Grants: Effective September 5, 2017, USCIS will not approve any DACA-based applications for Advance Parole (Forms I-131). Any pending applications for advance parole will be administratively closed, and USCIS will refund the filing fees. According to the September 5, 2017 memo, DHS generally will honor the validity period for previously approved applications for advance parole. That means that DACA recipients who are currently outside the U.S. with a valid advance parole document should be able to reenter the country as long as they seek to reenter before the expiration of the advance parole. However, it is important to keep in mind that CBP maintains the position that advance parole does not guarantee admission to the United States. In addition, DHS may revoke or terminate a grant of advance parole at any time, including while you are outside the U.S., which would inhibit or prohibit the ability to return. Therefore, DACA recipients who have a valid advance parole document but have not yet left the country should carefully consider whether travel would be advisable given the risks. 

 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. 

We will keep you updated as the situation continues to develop but it is clear that should there be any possibility of obtaining a DACA renewal prior to October 5, 2017 do not delay and seek advice as soon as possible.

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