DHS Confirms Original DACA Remains in Effect For Now but Formally Rescinds Expansion Plans

The Department of Homeland Security has formally rescinded an Obama Administration policy that would have expanded the Deferred Action for Childhood Arrivals (DACA) program and established a new program to provide deportation relief to the undocumented parents of U.S. citizens and lawful permanent residents.  DHS confirmed that the existing DACA program remains in effect in the near term, though the White House said that a final decision on the fate of the program has not yet been made.

The Obama Administration’s plans to broaden the DACA program and establish the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program were announced in November 2014 but were almost immediately challenged in federal court by a coalition of 26 U.S. states and then enjoined. The impact of the Trump Administration’s withdrawal on the ongoing litigation is not yet known.

DACA offers removal relief and work authorization to qualifying foreign nationals under the age of 31 who entered the United States before the age of 16 and meet other eligibility criteria. The program does not grant any temporary or permanent immigration status or provide a path to permanent residence, and the deferred action status granted to approved beneficiaries may be rescinded by DHS at any time.

What This Means for Employers and Foreign Nationals

DHS has confirmed that it continues to accept new DACA applications and renewals.  Though the White House may elect to suspend the program at a future date, DHS stated that DACA employment authorization documents (EADs) will not be terminated before their current expiration date. According to official statistics, DHS approved more than 211,000 DACA renewals and more than 35,000 new DACA applications in the first half of FY 2017.

Fragomen closely monitors the DACA program and will provide updates as developments occur.  If you have any questions about this alert, please contact your designated Fragomen professional. This alert is for informational purposes only.