DACA News!

Good news for our Deferred Action for Childhood Arrivals (“DACA”) immigrants! Today it was announced that the 9th US Circuit Court of Appeals upheld a ruling blocking the Trump Administration from ending President Obama’s 6-year old program that protects young undocumented immigrants, who came to the United States as children, from being deported.

 

It was only two months ago the Trump Administration announced plans to phase out DACA, but lower court judges have now blocked them from doing so. They have ruled that protection of recipients to continue until the appeals are resolved. New discussions are now being put on the table to extend DACA or provide them with a path to citizenship in exchange for funding for a wall along the US-Mexico border. While this is another blow to the Trump Administration, it is only a temporary one.

 

– Leanne Dolan, Legal Research Assistant

What is going to happen to DACA?

As President Obama’s term comes to an end and President-elect Trumps’ begins, many are wondering about the future of the Deferred Action for Childhood Arrivals (DACA) program under the new administration. DACA, originally started by the Obama administration in June 2012, is an immigration policy created by an executive action. The program allowed certain undocumented immigrants who entered the U.S. before their 16th birthday and prior to June 2007 to receive a renewable two-year work permit and temporary relief from deportation.

It is unclear as to when and how President-elect Trump will take action on DACA; however, it is highly likely that he will end the program as he pledged to do so as part of his immigration platform during his campaign. Trump has the power to take action as soon as he is inaugurated on January 20, 2017. The uncertainty surrounding the future of the program leaves all DACA recipients with many questions. Foley Law Offices is committed to keeping our clients updated and being of assistance as best we can.

Below are the most commonly asked questions about the future of the DACA program:

Is the information that I submitted for my application going to be used to deport me?

As of right now, your information may be shared with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) only if you are involved with public safety threats, criminal actions, or engaged in fraud. Other information that is shared with law enforcement agencies is not for purposes of removal. However, individuals may not rely, in the immediate or long-term future, on the guidance provided by USCIS, as it is subject to change at any time.

Should I apply for DACA now?

If you have never applied for DACA before, it is not worth applying now. New DACA applications are currently taking more than five (5) months to process and will not be approved before President-elect Trump’s inauguration on January 20, 2017.

Should I renew my DACA?

USCIS is processing renewals as quickly as possible, however there is no guarantee that your application will be processed prior to the inauguration. If the DACA program ends before your application is adjudicated, you will not receive a refund on the filing fees. We recommend consulting with the Attorneys in our office to weigh the pros and cons as to whether or not to renew your DACA application.

If you have not consulted an attorney, you should do so immediately. The above information is dependent upon each individual’s circumstance and should not be interpreted as legal advice. You may be eligible for other forms of relief. Contact Attorney Fink by telephone at (617) 973-6448 or via e-mail (nicole@foleylawoffices.com) to set up a consultation today.