What Does Trump’s Rescission of DACA Mean?

After the Dream Act failed to become legislature, President Barack Obama established the Deferred Action for Childhood Arrivals in 2012. This program provided important privileges to young immigrants who came to the United States as young children. The program provides lawful work permits to recipients and an agreement for immigration authorities not to pursue action against these individuals. Approximately 800,000 individuals between the ages of 15 and 36 currently participate in the program. What does Trump’s rescission of DACA mean for immigrants?

Rejection of Applications

Immigrants who submitted DACA applications after September 5, 2017 will have these applications rejected.

Renewal of Applications

DACA recipients whose status is slated to expire between September 5, 2017 and March 5, 2018 are eligible to apply to renew their status. However, renewal applications must be made by October 5, 2017.

Expiration

Individuals who have a work permit that expires after March 5, 2018, will not be eligible to renew their participation in the program. Their work permit will expire on the date indicated on the permit. What happens to these individuals after their permit expires is still in question because the recipients will no longer have any protection in place to prevent deportation. However, the president has stated that enforcement priorities will focus on criminals, threats to security, recent people who crossed the border, people who overstayed their visas and repeat offenders. He has stated that DACA recipients are enforcement priorities if they are criminals, are part of a gang or are involved in criminal activity.

Travel Considerations

Some DACA recipients were previously allowed to travel to other countries in some circumstances and still be able to return to the United States. However, any DACA recipients who leave the country from September 5, 2017 or later will not be able to lawfully return to the United States unless the DACA recipient has already received approval from immigration authorities to travel abroad.

Contact an Immigration Lawyer Today

If you are a DACA recipient, you may have a very limited amount of time to renew your eligibility. The immigration lawyers at Udall Shumway PLC can review your current work permit and application history to determine if you fall within the window to reapply.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Trump’s Rescission of DACA, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.