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Immigration Law Blog

Exploring the ins and outs of immigration.
la terminación de DACA

The End of DACA FAQs

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As expected, the Trump administration ended DACA, the Deferred Action for Childhood Arrivals program that protected Dreamers from deportation and allowed them to live and work in the United States.  This post addresses the end of DACA FAQs.

DACA FAQs #1: Expiration and Renewals

For all those with valid DACA

If you have current, valid DACA status, your DACA has not been revoked. You will continue to be authorized to work in the United States and protected against deportation until your DACA expires.

If your DACA expires between 9/5/17 and 3/5/18

If your DACA expires between September 5, 2017 and March 5, 2018, you must file a renewal application prior to October 5, 2017 in order to renew your DACA.  If you do not, your DACA will expire at the currently set date and you will be unable to renew.

If your DACA expires after 3/5/18

If your DACA expires after 3/5/18, then you will not be able to renew.  Your DACA will expire at the currently set date.

If your DACA already expired prior to 9/5/17

If your DACA expired prior to 9/5/17, and you did not previously file a renewal, you will not be able to renew.  It used to be that an individual could still file for a renewal if the person’s DACA expired less than one year ago.  Unfortunately, that is no longer the case.

DACA FAQs #2: Initial DACA Applications

If you are eligible for DACA but have not previously applied

Unfortunately, if you do not have current DACA, you will be unable to file an initial application.  Only those initial application accepted as of September 5, 2017 will be processed.  Accepted means that USCIS has received your application and issued a receipt notice.

DACA FAQs #3: Advance Parole

What is Advance Parole?

Advance parole is/was something that DACA holders could apply for to receive permission to travel lawfully outside the United States and be “paroled in” upon return.  Someone applying for advance parole under DACA had to have a humanitarian, educational, or employment-based reason for traveling.

For those with current advance parole

If you currently have advance parole that was granted by USCIS prior to September 5, 2017, consult an immigration lawyer prior to leaving the United States.

For those who want to leave but have not yet applied

Unfortunately, USCIS is no longer accepting DACA-based advance parole applications

For those with pending advance parole application

Your application will be administratively closed, and advance parole will not be granted.  You should, however, receive your filing fee back.

DACA FAQs #4: Employment

If you have current valid DACA, you will be authorized to work in the United States until your EAD card (employment authorization document) expires.

DACA FAQs #5: What to do now?

Consult with an immigration lawyer about other options

Many individuals who have DACA qualify for other immigration benefits.  It is extremely important that you consult with an experienced immigration attorney to discuss what, if any, options you have.

Know your rights

It is also extremely important that you know the rights you have if you encounter ICE.  Some basic rights are as follows:

  1. You do not have to say anything, sign anything, or give ICE any documents
  2. You do not have to allow ICE into your home unless they have a warrant signed by a judge or magistrate
  3. You do not have to give ICE permission to search any of your belongings
  4. You have a right to speak to an attorney

For more information on DACA, you can read our DACA page, our recent post regarding the anticipated end of DACA, or this great advisory from the ILRC.