The statue of Liberty and Manhattan, New York CityPresident Trump has announced on Tuesday, September 5, 2017, that the “Deferred Action for Childhood Arrivals (DACA)” program will end on March 5, 2018.  DHS’ press release states that “With the measures the Department is putting in place today, no current beneficiaries will be impacted before March 5, 2018, nearly six months from now, so Congress can have time to deliver on appropriate legislative solutions.  However, I want to be clear that no new initial requests or associated applications filed after today will be acted on.”

The announcement does not contain more details than what is contained in the Press Release, and Attorney General Sessions did not take any questions after making the announcement in person.

Notes to DACA Recipients:

  • DACA recipients with advance parole document should not travel outside of the US.  It is uncertain whether they will be readmitted. If you have a pending advanced parole application, USCIS will return the application and refund the money.
  • No new initial requests or associated applications filed after September 5, 2017 will be acted on.
  • We do not know whether enforcement action will start to take place now, or after March 5, 2018.  More details will emerge as DHS implements the rescission of DACA over the next six months.
  • If you currently are a DACA beneficiary and will expire between September 5, 2017 and March 5, 2018, you may file an extension before October 5, 2017. USCIS will reject all applications to renew DACA and associated applications for EADs filed after October 5, 2017.
  • If your EAD is lost, stolen, or destroyed you may still request a replacement EAD by filing form I-765, it will only be approved for the time period for which DACA has been approved.

Notes to Employers with DACA Employees with Valid Work Permit:

  • Unfortunately, when a DACA employee’s current work permit expires, he/she will lose work authorization and can no longer be legally employed.
  • Some DACA recipients might have obtained permanent resident status “Green Card” since receiving their initial DACA status and work authorization.  Therefore, employers should follow normal I-9 reverification process to ask any employees whose work authorization is ending to provide documents to re-verify their employment authorization, including DACA recipients.   DACA recipients who have obtained permanent residence status would be able to provide new documents to evidence their work authorization.  Unfortunately, other DACA recipients will not and their employment will need to be terminated.

General observation:

  • While the President’s decision is said to be based in the threat of litigation from conservative states if DACA were not rescinded, other states have threatened to sue if DACA was rescinded.  As such, it is likely that lawsuits will be filed in coming days over the rescission of DACA.
  • It is unclear now DHS will treat DACA recipients in the next six months and after March 8, 2018.   DHS had said that information provided in DACA applications will not be used against DACA recipients.  However, this was done under President Obama.  Under the current Administration, we do not know how DHS will use the information.
  • The burden is now placed on Congress to act in the next six months to enact permanent legislation to protect DACA recipients.  Those who support protection of DACA recipients should contact Congress now.

For additional information, please do not hesitate to contact Jared Leung at 480-344-4577 or jleung@davismiles.com, or other members of the Immigration Team at Davis Miles McGuire Gardner.   Thank you.

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