DACA was slated to end on March 5, 2018, but the U.S. District Court recently issued an injunction to prevent DACA termination. Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college. The Trump administration announced on September 5, 2017, the orderly phase-out of the program known as DACA that was initiated by President Obama.
The Supreme Court has declined a request by The Department of Justice to consider by the end of the month a case concerning the Deferred Action for Childhood Arrivals program and phasing the program itself out; as the Trump administration wishes. Although a major setback for the Trump administration currently, which has seen numerous court battles in circuit courts while attempting to remove large chunks of the Obama era-program. The order does not, however, prevent the possibility that the justices could announce by the end of the term that they will take up one of the pending cases for next term. Although the order does make it unlikely for the supreme court to take it on since various lower courts have still not ruled on the issue.
The Trump administration has indicated a willingness to provide some protection to young immigrants but in exchange, he wants to end Chain Migration (or legal family immigration filed for brother/sister, parents, and children over age 21). To date, no legislation has been introduced or passed extending DACA or ending chain migration.
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Deferred Action for Childhood Arrivals (DACA) is a program that was implemented to protect children who came to the United States as undocumented immigrants from deportation. The program expires every two years and can be renewed.
Currently, United States Citizenship and Immigration Services (USCIS) is not accepting new applications for DACA. However, USCIS is accepting renewals from those who previously were granted deferred action under DACA.
Who Can File for Renewal of DACA?
According to the USCIS, If you previously obtained DACA and it expired on or after September 5, 2016, you are eligible to file for renewal. If your DACA expired before September 5, 2016, you must file for an initial DACA request and note the date that your previous DACA was terminated or expired.
You must also meet these requirements to file for renewal:
- You must not have left the United States on or after August 15, 2012, without advance parole.
- You must have resided in the United States continuously since you submitted your most recent approved DACA request.
- You must have avoided conviction of a felony, a serious misdemeanor, or a minimum of three misdemeanors.
- You must not pose a threat to public safety or national security.
If My DACA Application Is Denied, Will I Be Deported?
When you apply, or if you are denied, your information will not be shared with ICE or U.S. Customs and Border Protection for the purpose of deportation. That is, given that there is no evidence of fraud related to the request, evidence of fraud of a criminal offense, or of a threat to public safety or national security. It is important to note that the USCIS is currently not accepting any expanded DACA requests or applications, so beware of immigration scams.
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At the Law Offices of James A. Welcome, we are committed to protecting your rights and helping you understand your options. Get in touch with our team to schedule an in-person or over the phone consultation where we can go over your eligibility to file for DACA renewal.