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Deferred Action For Childhood Arrivals

DACA was established in 2012 via the issuance of a Memorandum, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” This program conferred certain benefits to certain illegal aliens that Congress had not otherwise acted to provide benefits to, including affording these individuals a period of deferred action and eligibility to request employment authorization.

DACA was later expanded via a Memorandum on November 20, 2014.

As alluded to during his campaign, on January 25, 2017, President Donald Trump issued Executive Order No. 13,768, titled “Enhancing Public Safety in the Interior of the United States.” In this Order, the President directed federal agencies to “[e]nsure the faithful execution of the immigration laws . . . against all removable aliens.” Piggybacking on the Executive Order, then-acting Secretary of Homeland Security, John F. Kelly, issued a memorandum on February 20, 2017, indicating the Department would no longer “exempt classes or categories of removable aliens from potential enforcement.”

On September 5, 2017, Secretary Elaine C. Duke, issued a Memorandum, rescinding DACA. The Memorandum further directed the Department of Homeland Security to take all appropriate actions to execute a wind-down of the DACA program. The deadline to file for a renewal and/or Employment Authorization Documents was October 5, 2017. Only those individuals whose DACA status expires on or before March 5, 2018 are permitted to file renewal applications by October 5, 2017. Any individuals whose DACA status expires after March 5, 2018 will NOT be permitted to file to renew their status. Absent Congressional action, the DACA program will expire on March 5, 2018. Those individuals who were able to renew their status through March 5, 2020 will retain their status and employment authorization until the expiration of their status.

The Department will adjudicate, on a case-by-case basis, those properly and timely filed initial and renewal DACA requests and associated applications for Employment Authorization Documents. The September 5, 2017 Memorandum further authorizes the Department to continue to exercise its discretionary authority to terminate or deny deferred action at any time. It is uncertain how the wind-down of DACA will progress. It is important to contact your Congressional representatives to ask them to support legislation to continue the DACA program through legislation.

Give the attorneys at Tanner Law Offices, LLC a call at 717-836-0471 to schedule a , 30 minute consultation to discuss your immigration needs.