In another staggering blow to the U.S. immigrant community, the Deferred Action for Childhood Arrivals (DACA) program, which has protected nearly 900,000 young unauthorized immigrants from deportation over the course of its existence, has been rescinded.
In her recent memorandum to USCIS officials, Elaine C. Duke, acting Secretary of the Department of Homeland Security, rescinded the June 15, 2012 memorandum that created the DACA program.
Effective immediately, all initial requests for DACA will be rejected by USCIS unless they were accepted by Sept. 5, 2017. Also, USCIS will no longer approve advance parole requests associated with DACA. All DACA renewal requests will be rejected unless they are received by Oct. 5, 2017 from current beneficiaries whose benefits expire between Sept. 5, 2017 and March 5, 2018.
Also, all applications for Employment Authorization Documents associated with new DACA cases will be rejected unless they were filed by Sept. 5, 2017.
USCIS will not revoke Employment Authorization Documents or terminate any previously issued grants of deferred action under DACA for the remaining duration of their validity periods solely based on the directives of the memorandum. However, all pending Form I-131 applications for advance parole filed under DACA standards will be administratively closed. Those with Advance Parole will be able to use those documents during their current validity period.
It goes without saying that the rescission of DACA is a tragic setback for immigrants who qualified for deferred action under the program. The needless decision to end DACA will affect thousands of families and individuals who hoped to live, study, and work in the United States.
If you or a member of your family was affected by the rescission of DACA and you would like to discuss your options for adjusting your immigration status, contact Kuck Immigration Partners. No matter what your immigration concerns are, attorney Charles Kuck will compassionately represent your interests and fight for the most favorable outcome for your case. Call 404-816-8611 to schedule a consultation with an immigration lawyer in Atlanta.
Federal Courts May Block Rescission of DACA Due to Violation of the Administrative Procedure Act
According to Politico, the rescission of DACA may constitute a violation of the Administrative Procedure Act, which would give federal courts the authority to block the action. Pursuant to this Act, certain agencies are required to publish proposed actions in the Federal Register. The public must be given 30 days minimum to examine the proposal and provide feedback. After finalizing the proposal, the agency must address the issues raised by the public and explain why a particular course of action was taken, and why the action is reasonable and not capricious or arbitrary.
Although it is possible that federal courts could block the rescission of DACA, it has never been more important for undocumented immigrants to explore their immigration options. If you would like to learn about the options that apply to your situation, call 404-816-8611 to schedule a consultation with an experienced immigration attorney in Atlanta.