College of Law > Academics > Experiential Learning > Legal Clinics > Asylum & Refugee > CONFIA > End of DACA response
AILC / 9/7/2017 / Twitter / Facebook
On September 5, 2017, Attorney General Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program will be rescinded. The Department of Homeland Security has issued a memorandum and launched a “Frequently Asked Questions” page detailing the process of rescission.
Your current DACA gr ant and employment authorization remain valid until the date of expiration reflected on the documents unless terminated or revoked for reason not associated with the September 5th announcement. No one’s DACA grant is immediately terminated. You will receive notice if your DACA is terminated or revoked for other reasons. However, you will not be able to file for renewal other than in the limited circumstances discussed below. Here is a brief overview of common situations that may be helpful in addressing your questions.
If you, as of 09.05.2017 . . .
USCIS will . . .
Never filed for DACA
NOT accept an initial application after 09.05.2017
Did not file for renewal and your DACA and associated employment authorization document (EAD) expired prior to 09.05.2017
NOT accept a renewal application after 09.05.2017
Filed renewal application for DACA and EAD on or before 09.05.2017
Adjudicate your renewal application
Have not filed a renewal request but your DACA and associated EAD expires between 09.05.2017 and 03.05.2018
Accept and adjudicate your renewal application, as long as it is received by 10.05.2017.
Have not filed a renewal request and your DACA and associated EAD expires after 03.05.2018
NOT accept a renewal application for you.
Have an approved, currently valid, DACA-related advance parole request
Generally honor the advance parole grant.
CBP should also honor the validity of your advance parole document, but will screen you for inadmissibility at the border as usual.
Consult with a legal practitioner before travel! And, seek to return as soon as possible, if you are abroad, but definitely within the dates of validity for your advance parole document.
Have a pending DACA-related application for advance parole
NOT adjudicate your application. Return your application and refund any associated fees.
Have not filed a DACA-related application for advance parole
NOT accept your request