DACA - Deferred Action for Childhood Arrivals
DACA - Deferred Action for Childhood Arrivals:
As reported recently in the New York Times, President Trump has taken actions to effectively end the DACA program, which grants work permits to immigrants brought to the country illegally as children and protects them from deportation. Mr. Trump has, at times, expressed support for restoring the DACA program through legislation if Congress can come to an agreement. As it stands today, the President intends to phase out the program by March 5. (New York Times).
The legislation the President has proposed would create a path to citizenship for as many as 1.8 million young, undocumented immigrants. This, however, comes with a hefty price, for in exchange to this proposal the President seeks an expensive border wall, a crackdown on illegal immigrants in the U.S. and an end to the family migration policy we are accustomed to, as well as an end to the visa diversity lottery program. This would be a complete and devastating overhaul to our Immigration system and will be met with stark opposition from Democrats.
Because an agreement is unlikely, it is important to be informed of the following guidelines USCIS has provided in regards to DACA.
USCIS updated on January 13, 2017 that, due to a federal court oder, USCIS has resumed accepting requests to renew of deferred action under DACA. This means that, under further notice from USCIS, the DACA policy will be operated on the terms in place before it was rescinded on September 4, 2017. As such, Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D and Form I-765. USCIS will, however, not be accepting requests from individuals who have never been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.
If you previously received DACA and your DACA expired on or after September 5, 2016, you may still file your DACA as a renewal request. If you previously received DACA and your DACA expired before September 5 2016, or your DACA was previously terminated at any time, you cannot request DACA renewal, but may nonetheless file a new initial DACA request in accordance with the Form I-821D and from I-765 instructions.
It is now, more than ever before, important to take steps to protect yourself, and this means that if you are a DACA recipient and/or if you may be eligible to renew DACA then please do speak with a qualified Immigration Attorney. If you have questions regarding your DACA status or any status, and/or lack of status, reach out to a qualified Immigration Attorney. Every case is unique and this article is not intended to be legal advice, and should not be taken as such.
Alexander Carl, Esq.
Law Offices of Ally Bolour, APC