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DePaul Asylum and Immigration Law Clinic on DACA Rescission

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5, 2017, Attorney General Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program will be rescinded.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.

What the rescission of DACA may mean for you:  

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

Don’t be afraid to get help with questions about DACA renewal and about immigration risks and benefits.  Remember to get a legal screening with an experienced immigration attorney or accredited representative to assess any risks in filing for renewal and to determine whether you may be eligible for more permanent immigration benefits. You can go to the Immigration Advocates Network website (https://www.immigrationadvocates.org/nonprofit/legaldirectory/) to find a no cost or low cost non-profit legal services provider in your area.  



This information does not constitute legal advice, it is intended for informational purposes only. Created by the DePaul Asylum & Immigration Clinic.
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