Your local Eugene Immigration Attorney

DACA MEMORANDOM OUTLINING THE RECISSION OF THE DACA PROGRAM - 09/05/2017

 

Below is clarification from the Department of Homeland Security

We have summarized the memo into the following bullet points:

 

1. All pending DACA cases will be processed normally

 

2. No new DACA cases will be accepted

 

3. Renewal cases can be filed until October 5th, 2017 (this does not include shipping time! Mail your forms early!)

 

4. Anyone whose DACA card will expire by March 5th must apply for a renewal now, or risk losing their DACA status 

 

5. Anyone whose DACA card will expire after March 5th cannot renew at this time.

 

6. DACA cards are valid until they expire. We don't know what will happen once they expire.

 

7. No one can apply for a travel permit

 

8. Any pending travel permits will be cancelled, and refunds will be issued.

----------------------------------------------------------------------------------
Rescission of the June 15, 2012 DACA Memorandum

Taking into consideration the Supreme Court’s and the Fifth Circuit’s rulings in the ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that the June 15, 2012 DACA program should be terminated. In the exercise of my authority in establishing national immigration policies and priorities, except for the purposes explicitly identified below, I hereby rescind the June 15, 2012 memorandum.

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.

 

To read the entire memo:

https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca