Rescission of DACA
President Trump rescinded DACA today with a six month wind down. Here’s what will happen to DACA holders and applicants based on its rescission memorandum:
New DACA Requests
- USCIS will continue to adjudicate properly filed initial DACA requests, and two year EAD work permits will be given to those that are approved.
- No more initial requests will be accepted beginning today 9/5/2017.
- USCIS will continue to adjudicate properly filed DACA renewals, and two year EAD work permits will be given to those that are approved.
- No more renewal requests will be accepted beginning today 9/5/2017.
- DACA holders will not have their deferred action status nor their work permits terminated, but they will not be able to renew.
Advance Parole travel
- The government will not approve any new requests for I-131 advance parole (AP) travel. It will refund fees for DACA related pending I-131 applications.
- The government will “generally honor” previously approved AP.*
* USCIS retains authority to revoke or terminate AP at any time. Speak with an attorney before leaving the U.S.
The US Supreme Court’s decision on United States v. Texas is expected very soon. There are two main initiatives in dispute in this lawsuit regarding President Obama’s executive actions on immigration:
Deferred Action for Parental Accountability (DAPA), and
Expanded Deferred Action for Childhood Arrivals (DACA expansion)
What is the Court considering?
The Court is considering several main issues:
- Do states have standing to bring this lawsuit?
- Do expanded DACA and DAPA violate federal law or procedures with these initiatives?
- Do DAPA and expanded DACA violate the constitution?
Yes, DACA recipients in the US are eligible to apply for Advance Parole (AP) which allows you to travel outside the US and return. Keep in mind that travel must be for a certain reason: educational, employment, or humanitarian purposes. If you’re unsure, an attorney could help you determine if your situation fits within these purposes. Also, be cautious and think carefully about the decision to travel. Although AP is allowed for DACA recipients, the US Port of Entry still has discretion to allow or not allow you to return. US CBP provides common reasons on their website of why a person could be denied entry to the US.
DACA, or Deferred Action for Childhood Arrivals, provides a way for certain people who entered the US as children and meet other requirements to request deferred action status. Deferred action prevents deportation, by “deferring” removal action for a certain period of time, but it does not provide lawful status. DACA recipients also receive work authorization cards. Because the program began in June of 2012, it is now time for many DACA recipients to renew their status because their DACA and work permit is expiring soon. (See an interesting report here of DACA’s first two years!)
When to Apply:
Check the date your EAD Work Permit expires. The ideal time to apply is between 120 and 150 days before your card expires. If you apply with less than 120 days, your card may not be processed in time, and your current card could expire. On the other end, if you apply more than 150 days prior to the expiration of your DACA period, USCIS may reject your application.
First, you cannot have left the US on or after August 15, 2012 (or after the date you submitted your initial DACA request — if this date is earlier!) However, traveling on Advance Parole is permitted. Second, speak with an attorney if you have anything new with your criminal history since you originally applied for DACA. A felony, significant misdemeanor, or 3 misdemeanors will make you ineligible. Other new misdemeanors should be discussed with your attorney, and must be disclosed on the application.
Documents to prepare:
The same I-812D form is used to for initial and renewal DACA requests. All new documents related to removal proceedings or criminal history must be submitted with the application. Although you should maintain proof that you have resided in the US since your previous DACA application, USCIS asks that this proof is not sent with the application. Instead, hold onto these documents that show your residency, which likely include rental agreements, pay stubs, school transcripts, etc. USCIS reserves the right to ask, and might ask you to send this evidence later.
Good luck, and remember that a licensed Immigration Attorney can help you through the process of your DACA renewal.
Yes, due to a court injunction, 3-year work permits for some DACA (Deferred Action for Childhood Arrivals) recipients need to be returned. USCIS posted this week that DACA recipients who received a three-year Employment Authorization Document (EAD) after February 16, 2015, received it in error, and must be returned. Keep in mind that over 100,000 3-year EAD cards were issued before February 16, 2015, and these do not need to be returned.
If you have to return your three year EAD card, you should be eligible to have the two year EAD card re-issued. If employed, notify your employer to update your I-9.
It is best to return the card and follow USCIS’s instructions because DACA will be terminated if card is not returned. Also, USCIS has stated it will make house calls to pick up unreturned cards.
Send your card by July 30, 2015 via certified mail (so you can track receipt) to:
Attn: ACD DACA
PO Box 87730
Lincoln, NE 68501-7730