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Green and Spiegel - An Immigration Law Firm - United States
Jun 21, 2017

DACA Program Still Stands – Though It’s Future Remains Uncertain

Last week, the Department of Homeland Security (DHS) issued guidance stating that the recipients of the Deferred Action for Childhood Arrivals (DACA) program will be able to maintain their status under the Trump administration.  This came at the same time DHS announced that the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), and extension of the DACA program proposed by Obama that has been tied up in court battles, had been officially rescinded.

However, last week’s statement does not guarantee the policy’s long-term future under the Trump Administration, as Executive Branch officials were quick to note that the statement issued by DHS was only meant to clarify that DACA would not be affected by the revocation of DAPA. The New York Times reported that Jonathan Hoffman, a DHS official, claimed that “there has been no final determination made about the DACA program” and that “Congress is the only entity that can provide a long-term solution to the issue.”

With Trump’s broad immigration enforcement guidelines and the recent increase in ICE arrests, the statement issued by DHS comes as a relief to DACA recipients and supporters of the policy. Though it is not certain how long the DHS guidance will remain in effect, as of now it affirms that DACA recipients’ current work authorizations will remain valid through their expiration dates and that recipients can continue to renew their deferred action status every two years. It also states more broadly that “the June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.” 

For more information regarding the DACA program, please contact us directly. 

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