Deferred Action for Childhood Arrivals (“DACA”)

President Barack Obama established the Deferred Action for Childhood Arrivals (“DACA”) program in June 2012 to enable foreign nationals who first entered the United States before age 16, have resided in the U.S. continuously since June 15, 2007, and were under 31 years of age on June 15, 2012, to reside in the United States with authorization to work and without fear of deportation.  Approximately 700,000 foreign nationals have been granted DACA status.  On September 5, 2017, the Trump Administration announced its intention to end the DACA program.  Despite the Trump Administration’s announcement, the federal courts have ordered the USCIS to allow DACA recipients to continue renewing their DACA permits for 2-year periods.  The USCIS is currently accepting renewal applications without regard to how far in the future a DACA recipient’s current DACA permit expires.  Due to the fact that court orders requiring the Trump Administration to continue renewing DACA permits might be reversed in the near future, DACA recipients should consider renewing their DACA permit as soon as possible and long before their expiration.  Currently, there is no way for foreign nationals to apply for initial DACA permits.  However, foreign nationals who meet the DACA eligibility requirements but never obtained DACA status should monitor news media so that can consider applying for DACA in the event the federal courts require the Trump Administration to begin accepting new applications.  Due to the uncertain future of the DACA program, it is very important for DACA recipients to consult with experienced attorneys concerning other immigration options they may have for remaining in the United States.

HSPRD attorneys advise and represent DACA recipients with regard to the renewal of their DACA status and options which may be available to DACA recipients to apply for lawful permanent residence status based on the U.S. citizenship or lawful permanent residence of family members, their employment or job skills, or their fear of returning to their home countries.

To schedule a consultation with HSPRD attorneys for advice and representation regarding DACA-related matters, contact our Firm at 312-239-7676.