I Have DACA: How Does the President’s Decision Affect Me?
The Department of Homeland Security (DHS) has rescinded the memorandum which established the “Deferred Action for Childhood Arrivals” policy, otherwise known as “DACA” in 2012. This rescission changes the rules on acceptance and processing of DACA-related applications. Since this policy is not formally coded as immigration law, it can be terminated or amended by the Executive Branch of the United States Government, headed by the President. President Trump and Acting Secretary Duke have created a “wind-down” mechanism to end the program, putting many DACA recipients in limbo. This guide aims to answer basic questions about the near-future of DACA as outlined by the Trump Administration.
It’s my first time applying. Can I still apply for DACA?
No, applications for initial consideration are no longer being considered. The last date to submit an application was September 5, 2017.
My current status is expiring soon. Can I submit an application to renew my DACA status?
If your status expires between September 5, 2017 and March 5, 2018, you may submit a renewal application. Your application must be accepted no later than October 5, 2017. If you have submitted your application prior to this date, it will be processed accordingly. Applications accepted after October 5, 2017 will be rejected. If your renewal period does not fall in this time frame, you cannot renew your status.
My current status and work authorization expires after March 5, 2018. Am I still eligible to renew?
No. The Department has stated that it will reject such renewals.
I currently have a valid DACA status. Does this change to the policy mean that I automatically lose DACA?
No. If you have been previously given a status, this rescission does not impact your remaining validity.
I would like to travel outside of the United States as a DACA recipient. Can I apply for a travel document?
No. The Department is not accepting requests for advance parole. Current travel documents that are valid may be used for travel, but the Department has made it clear that Customs and Border Patrol (CBP) and Immigration and Customs Enforcement (ICE) will decide on the document holder’s admissibility. Before any travel outside of the United States, speak to an attorney.
I have a travel document application pending (Form I-131). When should I receive my travel document?
Documents for DACA-related cases will no longer be furnished. Advanced Parolee applications under DACA will be closed, and funds paid will be refunded.
I still have questions about the policy, its implications and how they relate to me and my family. Can you help me?
Legal questions specific to your case are best handled by a trusted attorney. Remember, a public notary is not an attorney. My offices are unable to give legal advice, but can provide guidance, explain the updated immigration policy and serve as a resource if you have questions. My Rochester office is here to help serve your needs:
3120 Federal Bldg. 100 State St.
Rochester, NY 14614
Phone: (585) 232-4850
Fax: (585) 232-1954
Is there a publically available copy of the memorandum’s rescission? Where can I find it?
Yes, you can access a copy of the document online on DHS website. This document can be viewed using the following link: https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca
You can also find a copy of the U.S. Citizenship and Immigration Services’ announcement online at: https://www.uscis.gov/daca2017