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Immigration Publications

DACA | Wind-down & Recession of June 15th Memo

Charles Pascal Cohen

On September 5, 2017, President Trump announced the wind-down of DACA[1]. According to the White House, “this is a gradual process, not a sudden phase out”. USCIS has rescinded the June 15, 2012 DACA Memorandum. Below are a few pertinent points on the rescission.

  1. New applications for work permits will not be accepted after September 5, 2017.
  2. All existing work permits will be honored until their date of expiration up to two full years from September 5, 2017.
  3. Applications already in the pipeline will be processed.
  4. The Department will continue to accept and adjudicate renewal applications for those facing “near-term expiration” * if filed and accepted by USCIS by 10/5/2017).
  5. Permits will not begin to expire for another six months, and will remain active for up to 24 months.
  6. The Department will not approve any new Form I-131 applications for advance parole under DACA, although it will generally honor the stated validity period for previously approved applications for advance parole. Of course, CBP/USCIS has ultimate discretion whether to honor or revoke any advanced parole document.
  7. DACA recipients are not enforcement priorities unless they are criminals, are involved in criminal activity, or are members of a gang.

*“Near-term expiration” means that the current beneficiary’s benefit will expire between September 5, 2017 (the date of DHS’ Memo[2]) and March 5, 2018. Any DACA renewal application must be properly filed and accepted by the Department as of October 5, 2017.

GET MORE INFORMATION AT DHS’ DACA FAQ PAGE: https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca

Please note that nothing herein shall constitute legal advice.

[1] The White House,  Office of the Press Secretary, “Statement from President Donald J. Trump” (September 05, 2017) available at https://www.whitehouse.gov/the-press-office/2017/09/05/statement-president-donald-j-trump

[2] USCIS Memorandum, “Memorandum on Rescission of Deferred Action For Childhood Arrivals (DACA)” (September 5, 2017), available at https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

categories Immigration
tags DACA