DACA Termination – Frequently Asked Questions

Sep 22, 2017   //   by Ben Johnson   //   Ben Johnson, News  //  Comments Off on DACA Termination – Frequently Asked Questions

On September 5, 2017, based on instructions from the Attorney General, the Department of Homeland Security rescinded the program called Deferred Action for Childhood Arrivals (DACA).  This program gave temporary protection from deportation and work permits to certain undocumented immigrants who were brought to the U.S. under the age of 16.  DACA protection was available for a 2-year period, and was renewable.  It was claimed by approximately 800,000 people, out of an estimated 1.3-1.7 million who qualified.

For those who received or hoped to apply for DACA, this is a frightening and uncertain time.  Good information is critical to understanding and navigating the coming months, both for the young people affected and for those who care about them.


For Current DACA Recipients

Q: What happens to my DACA status now?

A: Current DACA grants and associated work permits will be honored through their expiration dates by the Department of Homeland Security (DHS).

Q: DHS has already approved my application to travel abroad through the advanced parole application process. Can I still travel abroad without losing my DACA grant?

A: Generally, yes. DHS has indicated that they will honor advanced parole grants that have already been approved. Keep in mind that CBP continues to have the authority to determine the admissibility of any person presenting at the border. Also keep in mind that USCIS continues to have the authority to revoke or terminate an advance parole document at any time.

Q: What happens when my DACA status expires?

A: If your DACA status expires between September 5, 2017 and March 5, 2018, you can submit an application to renew your DACA status and associated work permit. The deadline for submitting an application for renewal is October 5, 2017.

Keep in mind that in addition to submitting the application by the deadline, you must also have not had issues that may disqualify you from DACA. Issues that might disqualify you from DACA status includes an arrests, charges or convictions or travel outside the US without prior approval (advanced parole) since your last application. If you have any questions or concerns, please contact an attorney or BIA representative. If you have limited funds, you can find free or low-cost legal service providers operating in each state at https://www.justice.gov/eoir/list-pro-bono-legal-service-provider.


For New DACA Applications

Q: I applied for DACA before September 5, 2017, but have not heard back. Will first-time applications submitted before September 5th still be reviewed?

A: Yes. First-time DACA applications received by September 5, 2017 will be reviewed on a case-by-case basis.

Q: I think I am eligible for DACA, but have never applied. Can I still apply now?

A: NO. Beginning September 5, 2017, no new applications will be accepted by DHS.


For DACA Renewals

Q: I submitted my application to renew my DACA status or work permit before September 5, 2017. Will my renewal application be reviewed?

A: Yes.  DACA renewal application received by September 5, 2017 will be reviewed on a case-by-case basis.

Q: My DACA status and work permit will expire by March 5, 2018. Can I apply to renew by DACA status or associated work permit?

A: Yes. If you DACA status and associated work permit expire between September 5, 2017 and March 5, 2018, you can apply for the renewal of your DACA status and associated work permit. The deadline for submitting a renewal application is October 5, 2017. USCIS will reject all requests to renew DACA and associated work permits filed after October 5, 2017.

Keep in mind that in addition to submitting the application by the deadline, you must also have not had issues that may disqualify you from DACA. Issues that might disqualify you from DACA status includes an arrests, charges or convictions or travel outside the US without prior approval (advanced parole) since your last application. If you have any questions or concerns, please contact an attorney or BIA representative. If you have limited funds, you can find free or low-cost legal service providers operating in each state at https://www.justice.gov/eoir/list-pro-bono-legal-service-provider.

Q: My DACA status and associated work permit expire after March 5, 2017. Can I apply to renew by DACA status and work permit?

A: NO. Current DACA recipients whose status and associated work permits expire on or after March 6, 2018 may not apply for renewal of status.


For Those Seeking Legal Services

Q: Where can I find affordable legal services?

A: The Executive Office of Immigration Review has compiled a list of free or lo-cost legal services providers operating in each state online at https://www.justice.gov/eoir/list-pro-bono-legal-service-provider.

You can also search for low-cost immigration providers using the directory from the Immigration Advocates Network at https://www.immigrationlawhelp.org/.

Q: How can I be sure that the attorney I hire is licensed and allowed to provide legal services?

A: United States Citizenship and Immigration Services offers tips on avoiding victimization by “notaries” unlicensed to practice law at https://www.uscis.gov/avoid-scams.


More Information

Department of Homeland Security. “Frequently Asked Questions: Rescission of Deferred Action for Childhood Arrivals (DACA).” https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca

Office of Congressman Jim Costa. “Frequently Asked Questions About DACA: Post September 5, 2017.” http://costa.house.gov/sites/costa.house.gov/files/Costa%20Office%20DACA%20FAQs.pdf

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