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Official: DACA to end. What now? (Updated: October 5, 2017 deadline for renewals)

Posted by Robert Berke | Sep 05, 2017 | 0 Comments

This morning (9/5/17) the attorney general officially announced the end of DACA (Deferred Action for Childhood Arrivals), the executive order put in place by President Obama to protect "Dreamers" (undocumented aliens who entered the United States as children who met certain educational requirements). The announcement offered a modicum of clarity that:

  1. no new DACA applications will be adjudicated from this point forward; 
  2. current DACA beneficiaries whose benefits will expire on or before March 5, 2017 MUST file a renewal before October 5, 2017; and
  3. advance parole will no longer be granted to DACA beneficiaries.

That means that persons with an application pending now can expect to have their applications adjudicated. DACA can still be granted if the application was filed already or gets filed today. It also means that current DACA beneficiaries have some time to plan for the future.

There is some chance (and the buzz is actually positive for a change) that Congress will act to accord some permanent benefit on Dreamers through some version of the DREAM Act which has been kicking around in Congress for over a decade. The attorney general, in his announcement today actually made specific reference to the fact that it is, was, and always has been in Congress's realm to create immigration benefits legislatively. I happen to agree. DACA came about because Congress failed to act. Now, it must (and I think it will).

But if I'm wrong...

DACA recipients must seriously start considering a Plan-B. Many DACA recipients are eligible for other forms of status including, adjustment of status, T- and U- visas, Special Immigrant Juvenile Status, among others. Now is the window of opportunity to review your status with an attorney and to start investigating other options.

If you have questions about life after DACA, please feel free to call our offices at (818)804-5729 to schedule a low cost consultation.

About the Author

Robert Berke

Attorney Robert G. Berke has been licensed to practice law in theState of California since 1990 and is a member in good standing of theState Bar of California. He is also admitted to practice in federalDistrict Courts throughout California and in the 5th, 6th, 9th, 10th and11th Circuits of the U....

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