Recipients of DACA are currently unlawfully present in the U.S. Q6: What happens when an individual’s DACA benefits expire over the course of the next two years? Will individuals with expired DACA be considered illegally present in the country?Ī6: Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Q5: Is there still time for current DACA recipients to file a request to renew their DACA?Ī5: USCIS will only accept renewal requests and associated applications for EADs for the class of individuals described above in the time period described above. USCIS will reject all requests to renew DACA and associated applications for EADs filed after October 5, 2017. Q4: What happens to individuals who currently have a request for renewal of DACA pending?Ī4: Due to the anticipated costs and administrative burdens associated with rejecting all pending renewal requests, USCIS adjudicate-on an individual, case-by-case basis-properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between Septemand Mathat have been accepted as of October 5, 2017. Q3: What happens to individuals who currently have an initial DACA request pending?Ī3: Due to the anticipated costs and administrative burdens associated with rejecting all pending initial requests, USCIS will adjudicate-on an individual, case-by-case basis-all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017. DACA benefits are generally valid for two years from the date of issuance.
Q2: What is going to happen to current DACA holders?Ī2: Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. Please see the Attorney General’s letter and the Acting Secretary of Homeland Security’s memorandum for further information on how this decision was reached. As such, the Acting Secretary of Homeland Security rescinded the Jmemorandum establishing the DACA program. Q1: Why is DHS phasing out the DACA program?Ī1: Taking into consideration the federal court rulings in ongoing litigation, and the Septemletter from the Attorney General, it is clear that program should be terminated. The following are frequently asked questions on the SeptemRescission of the Deferred Action for Childhood Arrivals (DACA) Program. NOTE: Please visit the US Citizenship and Immigration Services website for the most current information on Deferred Action for Childhood Arrivals (DACA)
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