Under President Trump’s direction, the Deferred Action for Childhood Arrivals (DACA) program is being phased out by the Department of Homeland Security (DHS) starting September 5, 2017.
What does this mean?
The DACA program will cease to exist shortly as USCIS will not accept new applications for DACA and only certain applications for DACA renewal will be considered.
Initial DACA Applications
Anyone eligible and interested in applying for DACA for the first time cannot do so any longer.
Why?
- Because USCIS will not accept any new applications for deferred action.
- Any applications received after September 5, 2017, will be rejected.
- Only those applications that were accepted as of September 5, 2017, will be processed.
What about DACA renewal?
- USCIS will process all renewal applications that they have already accepted.
- They will also continue to accept applications for renewal until October 5, 2017.
- Only those whose DACA expires between September 5, 2017, and March 5, 2018, can continue to submit applications for renewal.
- Those whose status has already expired are not eligible to apply for a renewal.
What is DACA?
On June 15, 2012, the Secretary of Homeland Security issued a memorandum outlining guidelines on how young undocumented immigrants, who were brought to the U.S. as children, can avoid deportation. Form I-821D, Consideration of Deferred Action for Childhood Arrivals, was created so that an applicant can request the USCIS to consider deferring action on their deportation on a case-by-case basis.
Why is DACA being phased out?
The program was created through executive authority of the former President Barack Obama. Now, President Trump has put an end to it. He has asked the Congress to come up with a solution.
While there has been a lot of opposition to this move by the President, House Speaker Paul Ryan said, “It is my hope that the House and Senate, with the president’s leadership, will be able to find consensus on a permanent legislative solution that includes ensuring that those who have done nothing wrong can still contribute as a valued part of this great country.”
What are the next steps for DACA recipients?
- Those whose deferred action will expire between September 5, 2017, and March 05, 2018, can go ahead and apply for a renewal. However, they will need to file their renewal application by October 5, 2017.
- Those whose DACA has already expired are no longer eligible to apply for a renewal.
- Those who have never applied for DACA but were eligible, cannot apply for their initial DACA because they are no longer eligible per the new memorandum.
- Any initial application for DACA or renewal application received after October 5, 2017, will be rejected.