Deferred Action for Childhood Arrivals or “DACA” Questions and Answers

President Trump announced Tuesday that he is rescinding the Executive Action issued by President Obama in 2012 known as Deferred Action for Childhood Arrivals or “DACA”, leaving thousands of children and young adults in limbo.

The following are some of the details regarding this announcement and some of the most common questions you may have about the future of DACA:

Initial DACA Applications: Effective Sept. 5, 2017, the Government will reject any new initial DACA applications

Question:

I filed my initial DACA application before this announcement and it is still pending, will my application be reviewed and considered?

Answer:

Yes.  If your initial DACA application was accepted for processing prior to September 5, 2017, your application will still be adjudicated and reviewed under relevant guidelines. The application may be granted or denied depending on whether you meet the DACA requirements.

Question:

I have not yet filed for DACA. Can I apply now?

Answer:

No. As of September 5, 2017, no new DACA applications will be considered. All new applications filed after this date will be rejected.

DACA Renewals: The Government will continue to accept requests for DACA renewals for DACAs expiring on or before March 5, 2018, as long as the DACA renewal application is received and accepted for processing by Oct. 5, 2017.

Question:

I currently have DACA and have already filed my DACA renewal request. Will my renewal application still be considered?

Answer:

Yes. All DACA renewal requests that were already filed and accepted prior to September 5, 2017 will still be adjudicated.

Question:

I currently have DACA but have not yet filed my DACA renewal request. Am I still eligible to file a renewal application?

Answer:

If your current DACA expires between September 5, 2017 and March 5, 2018, you are still eligible to file a renewal request as long as the renewal request is received and accepted for processing by October 5, 2017.

Question:

I currently have DACA but it does not expire until after March 5, 2018. Can I apply for a renewal request?

Answer:

No.

Travel Documents and Work Permits: Benefits granted under DACA will continue to be granted for the remaining duration of their validity period.

Question:

I currently have DACA. Will my work permit be revoked?

Answer:

No. Employment Authorization Documents or work permits will not be revoked prior to the stated expiration date, and will be honored for the remaining duration of their validity period.

You have the right to work legally until your work permit’s expiration date. You have no obligation to inform your employer that DACA has ended, and your employer does not have the right to ask whether you are a DACA recipient or how you got your work permit. If your expiration date is near, your employer can ask you for an updated work permit, but cannot take any action against you until after it has expired.

Question:

I currently have DACA and already applied for and was granted a travel document. Can I still travel?

Answer:

Yes. Previously approved applications for a travel document will be honored for their stated validity periods.  But please review your case with your attorney before traveling outside of the United States.

Question:

I previously filed an application for a travel document and it is currently still pending. Will my application still be considered?

Answer:

No. As of September 5, 2017, all pending I-131 applications for advance parole will be closed and all associated fees will be refunded.

Question:

Can I apply for a new travel document?

Answer:

No. After September 5, 2017, no new travel documents will be approved.