Deferred Action For Childhood Arrivals (DACA)
The Deferred Action for Childhood Arrivals (DACA) program, a form of immigration relief for certain individuals brought to the U.S. as children, was established by President Barack Obama in 2012. DACA was an executive order implemented through a memorandum issued by Janet Napolitano, the former secretary of Homeland Security. Thus, the government has broad authority to end or change the program. On September 5, 2017, President Trump terminated the DACA program. However, there have been several federal lawsuits filed against the government for terminating the DACA program unlawfully. The Supreme Court of the United States has been reviewing the legal challenges to the DACA program since June 2019 and is expected to issue a final decision determining the fate of DACA no later than June 2020.
Until the U.S. Supreme Court issues a final decision on whether DACA was terminated in a lawful manner, DACA recipients who currently have or previously had DACA can continue to submit their applications to renew their DACA status and employment authorization document. Please contact Battan Alpert Hutchings LLP if you would like assistance renewing your DACA status and employment authorization document.
It is unclear whether Congress will act and pass legislation to permanently protect DACA recipients. Thus, it is important to also meet with an experienced immigration attorney who can carefully review your immigration history to assess whether there are any alternative immigration options available to you.
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