On September 5, 2017, a day of infamy, and in an act of extreme cowardice, President Trump failed to keep his word when he terminated the DACA program for DREAMERS. After indicating he would have “heart” and that he “loves the DREAMERS,” his lies were shown for what they are. He cowardly outsourced his announcement to terminate the program to his anti-DACA in chief, Attorney General Jeff Sessions, whose speech was filled with lies about the program and its recipients. With no notice at all, the program terminated the right for any new applications from first-time applicants who may have just learned about DACA or recently aged into the program. Hopefully, that feature alone will be the subject of litigation.

Here are the key details from DHS about the DACA program. I have made a DACA analysis chart where would-be and actual DACA recipients can determine what needs to be done when during the phase out period.

1. The US Department of Homeland Security (DHS) rescinded the 06/14/2012 memo authorizing DACA during the Obama Administration. (Note, while Sessions of the Department of Justice was the messenger, it is DHS that administers the program.) (See former President Obama’s comments about the 9/5/17 action here.)
2. DHS will continue to adjudicate (decide) DACA and EAD work permit requests on file as of September 5, 2017. But it will no longer accept new applications after September 5, 2017 for FIRST TIME APPLICANTS only.
3. If current DACA/EAD expires between September 5, 2017 and March 8, 2018, DHS will adjudicate renewals for DACA/EADs filed on or before October 5, 2017. That means there is a one-month renewal filing period starting now!! So, spread the word.  Renewal applications for this narrow group must be filed by October 5, 2017! Upon approval, DACA recipients will have status/EADs valid for the standard two years, well into 2019 and beyond.
4. If current DACA/EADs expire AFTER March 5, 2018, current status will continue until it expires, but will not be renewable after that.
5. Regarding advance parole, if a DACA recipient CURRENTLY has advance parole, it is still good. If one has a PENDING advance parole application, it will be closed out and applications and fees will be returned. No new advance parole applications will be approved after September 5, 2017! Even if you have AP, consult counsel about risks and rewards of using it before you go.
6. DACA deferred action has always been discretionary and revocable at any time and for misbehavior. Stay out of trouble.
7. Although DACA has some provisions to protect data given in the DACA process from being used for ICE/CBP enforcement, there are some loopholes AND the government can change its mind at any time.

People – the fight is not over!  The DREAMERS have become one of the country’s premier grass roots movements that resulted in DACA in the first place. I have confidence in their hopes and desires as well as their advocacy skills to encourage Congress to do what they should have done years ago. Already, some members of the GOP have come out in favor of a DREAM Act, and many businesses and organizations, as well as a majority of the American people, are in favor of a legislative solution in the coming months.  Even President Trump, the one we can never believe, has said he will revisit the issue in six months – for whatever that statement is worth. So, keep moving on for a solution.  In the meantime, be sure to get some counsel to see if you may have other options besides DACA in the future, especially if you prepared your own application without advice of counsel or where you went to DACA only workshops.

Resources:

Avoid Scams

DHS/USCIS announcements:

https://www.uscis.gov/daca2017

https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

https://www.dhs.gov/news/2017/09/05/rescission-deferred-action-childhood-arrivals-daca

DHS/USCIS FAQ’s

Contact your Senators and Representatives and ask them to support the DREAM Act. Phone calls, emails and visits are best.

Northwest community workshops*

*Community workshops are great for free DACA focused help. However, many of the workshops do not offer sufficient time to evaluate all of your and your family’s immigration options. In addition, many DACA recipients prepared their own applications without legal advice. You should consider a full, holistic consultation to answer all of your questions and to cover a full analysis of your situation beyond DACA.

Our office will be holding Saturday and Monday night consultations in September and October besides our usual daytime hours of operation. Consultations must be booked (no walk-ins) and prepaid. See Facebook for announcements, call the office directly (206)282-2279 or email bonnie@bswasserlaw.com.