Initial requests for DACA will be rejected

Initial requests for DACA will be rejected

If you have any questions related to immigration or DACA in San Diego, California, call us today at (619) 746-8879

Less than two weeks after the US Supreme Court blocked the Trump administration’s attempt to end DACA, Chad F. Wolf, Secretary of Homeland Security announced that in response to the court’s decision they “will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program”, as you can read on their webpage.

The Department of Homeland Security, DHS, will make the following changes to DACA immediately:

• Reject all initial requests for DACA and associated applications for Employment Authorization Documents;
• Reject new and pending requests for advanced parole absent exceptional circumstances; and,
• Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

According to USA Today, current DACA recipients can continue to apply for one-year renewals rather than the usual two-year intervals. But, as we said above, no new requests will be accepted.

All of this will take place while the DHS reviews whether the program should be “maintained, rescinded, or modified.”

Critics of this measure, such as California Attorney General Xavier Becerra, cited by the USA Today article, say that “the courts have spoken: DACA is in full effect, including for new applications (…) we are ready if the Trump Administration tries to block or dismantle DACA. We know what it takes to defend DACA – we’ve done it before and we’ll do it again if necessary.”

Areas of concern according to the DHS

The Department of Homeland Security presented a new memorandum where they outlined the following areas of concern regarding DACA:

• Concern about whether, as a matter of policy, the continuation of a broad, class-based deferred-action policy like DACA should be resolved by Congress;
• Concern about whether any discretion to not enforce the law or afford deferred action should be exercised rarely and only on a truly individualized, case-by-case basis;
• Concern that the existence of a program like DACA may send mixed messages about DHS’s intention to consistently enforce immigration laws as Congress has written them; and,
• Concern that the existence of a program like DACA may encourage individuals to take a perilous journey to this country, needlessly endangering children.

If the DACA program were to be annulled around 800,000 people who call themselves Dreamers would face deportation or would lose their right to work and legally live in the United States.

If you believe you may be affected by these new measures or have questions about your immigration status, contact Kannan Law today. We have broad experience in DACA and immigration to the US and we will be happy to help you.