Shahzad R. Khan Legal Blog

Monday, December 5, 2016

DACA - What is going to happen?

As the fog from the 2016 election has lifted, we are now faced with the reality that things are going to change significantly come January 20, 2017.  One of the things destined for a significant change is Deferred Action for Childhood Arrivals, also known as DACA.  President Elect Trump made it clear that the executive order that gave rise to DACA would be rescinded on his first day in office.  Honestly, we do not know what will happen.  But for now, it is the opinion of the American Immigration Lawyers Association (AILA) to continue filing for DACA applications for eligible candidates. Moreover, USCIS has indicated that they are still process DACA application as normal.  Yes, eligible candidates who are applying for DACA may be putting themselves at risk by simply applying for DACA.  The information that they provide regarding their biographic and residential information could potentially be used for enforcement should the executive order be rescinded.  Those that already have DACA and are applying for extensions, should continue to file for an extension as their information is already known to the government, should the new government rescind DACA and begin enforcement.  

Also, DACA recipients, who have an advance parole and need to travel, should travel and return to the United States before the January 20, 2017.  DACA recipients who do not possess an advance parole, and file for one now, will not likely receive their advance parole document until well after the inauguration.   If the new administration were to rescind DACA, the resulting economic affect would be that all fees paid for pending extensions of DACA or adjudications of advance parole, will be wasted.  

I realize there is a lot at stake here.  Unfortunately, we, the immigration lawyers, do not have the answers yet.  But, if you are a DACA recipient, a dreamer, take some time with an immigration attorney to play through these scenarios and understand what could possibly happen.  





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