News of the elimination of the Deferred Action for Childhood Arrivals program, also known as DACA, has caused widespread disappointment, and in some cases fear, among the hundreds of thousands of immigrants who were offered protection from deportation under the program. Under DACA, undocumented immigrants who were brought to the United States as children by their parents, and who registered with the federal government were able to work and attend school without fear of deportation.
DACA will officially begin to be scaled back in March of 2018. Therefore, DACA recipients whose permits are due to expire have one opportunity to renew them by October 2017. No new applications for DACA work authorization will be accepted. In addition, no applications for advance parole will be granted, allowing a DACA recipient to leave the country and legally return despite his or her undocumented status.
Until the program is phased out, DACA recipients are still entitled to the benefits and protections they receive under the program. This means that an employer cannot fire a DACA recipient on the basis of his or her immigration status if the DACA’s recipient work permit is valid. Similarly, a DACA recipient cannot be kicked out of school on this basis.
The end of DACA will mean that DACA recipients can more easily be deported. This is a fear among DACA recipients, that the information they provided in order to gain DACA protection could not be used against them. DACA recipients may also be encouraged to self-deport, that is, voluntarily leave the United States before their permits expire.
However, depending on the circumstances, a DACA recipient may have other legal options to stay in the country despite the end of DACA. If a DACA recipient has another legal avenue for changing his or her immigration status to avoid deportation, this would be the best time to take advantage of that avenue. While it is a good idea to prepare and have a plan ready in case of deportation, it is also important for DACA recipients to speak to an experienced immigration attorney before self-deporting. Speaking to an attorney can help a DACA recipient evaluate his or her legal rights under the law before taking drastic action.
There may be further changes coming that could affect DACA recipients. The University of California system has filed a lawsuit in federal court arguing that the abrupt end of DACA violates the due process rights of the undocumented immigrants who were granted certain rights under the program. Depending on how the court rules on this issue, DACA recipients may be able to retain some of their rights for a while longer. There is also pressure for congress to pass the DREAM Act, which would provide many of the same benefits as the DACA program.
Contact an Experienced Immigration Attorney
If you were registered under DACA and need legal assistance to understand how the program’s termination will affect you, or how you can continue working and going to school, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP today.