Immigration Alert: DHS Commits to Ending DACA

On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other key guidelines. See here. Those individuals granted deferred action through DACA were also be eligible for an Employment Authorization Document (EAD), or work permit, that was valid for three years and could be renewed every three years.

However, today the DHS Acting Secretary Elaine Duke issued a memo formally rescinding the DACA program. See here. According to the memo, DHS:

  • Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for EADs that have been accepted by DHS as of the date of this memorandum.
  • Will reject all DACA initial requests and associated applications for EADs 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 EADs from current beneficiaries that have been accepted by DHS 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 DHS as of October 5, 2017.

Litigation for and against DACA has already been underway for sometime. See, e.g., here. As such, further legal action is expected.

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