DREAM Act / DACA

### DHS/USCIS has announced important policy changes and processing updates regarding “Deferred Action” or “DACA” cases, per executive directive by President Trump ###

Here are the highlights of changes that you need to be aware of, per the Department’s announcement Tuesday, September 5, 2017:

 

“Recognizing the complexities associated with winding down the program, the Department will provide a limited window in which it will adjudicate certain requests for DACA and associated applications meeting certain parameters specified below. Accordingly, effective immediately, the Department:

 

— Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.

 

— Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.

— Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.

— Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.

— Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.

— Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. 

— Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.

— Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.

— Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.”

“Deferred Action”, also referred to commonly as “DACA”, amounts to an excercise of favorable discretion by the authorities, which allows an individual to remain temporarily in the United States and apply for work authorization. It does not confer any kind of permanent residence, nor can it be seen as a form of amnesty. Under this new initiative, deferred action would be granted for two year increments and would be renewable.

 

According to DHS, people may apply for deferred action if they meet all the following criteria:

  1. Were under the age of 31 as of June 15, 2012;

  2. Came to the United States before reaching your 16th birthday;

  3. Have continuously resided in the United States since June 15, 2007, up to the present time;

  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012.  Please do not file before August 15.  If you file early, your request will be rejected.

 

Specifically, DHS advised that:

  1. Effective immediately, ICE, CBP, and USCIS agents should not place individuals into removal proceedings who meet the above criteria.

  2. For those already IN immigration proceedings and who have been offered administrative closure under the previous prosecutorial discretion program, ICE will begin making determinations about deferred action immediately. For other persons who are in removal proceedings, ICE is directed to implement the program within 60 days.

  3. For those NOT in removal proceedings, which is the vast majority of individuals affected by the new announcement, USCIS has been directed to devise a plan within 60 days that allows people 15 and older to affirmatively apply for both deferred action and work authorization (those granted deferred action through ICE will apply to USCIS for work authorization as well). People with final orders of removal will also apply to USCIS.

Individuals requesting consideration of deferred action for childhood arrivals must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization (with accompanying fees); and an I-765WS, Worksheet.

 

You can download the 2 official handouts from USCIS regarding Deferred Action here:

daca.pdf    daca-consider.pdf

 

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