How DACA cancellation affects pending cases and current beneficiaries

In his brief announcement on the repeal of the DACA program, the U.S. Attorney General, in his brief announcement on the repeal of the DACA program, the U.S. Attorney General Jeff Sessions indicated that the cancellation of the program will be gradualbut did not elaborate on timelines or what it would mean for current DACA recipients and those young people who are in the process of re-registering.

To clarify the measure, the White House and the U.S. Department of Homeland Security (DHS) issued statements with more information on how the elimination of DACA will be carried out and how it will affect young people enrolled in the program.

The government will not accept new DACA applications after today, but will continue to process applications submitted through September 5.. DACA protection will be approved and granted on a "case-by-case basis" to individuals who filed applications prior to the program's termination. Lawful stay permits and employment authorizations already granted to DACA recipients will not be revoked unless they violate the terms of the program.

Anyone who has DACA should consult with an immigration attorney as soon as possible to analyze their situation and see if there are other legal avenues to obtain permanent residency.

The following are key points about the elimination of DACA:

What about pending DACA cases?

1. Initial DACA and Employment Authorization Document applications that were submitted and accepted by DHS will continue to be evaluated on a case-by-case basis through September 5, 2017.
2. All initial applications for DACA and Employment Authorization Documents filed after September 5, 2017 will be denied.
3. Applications for renewal of DACA and Employment Authorization Documents submitted by current DACA recipients accepted by DHS will be evaluated and processed on a case-by-case basis through September 5, 2017.
4. DACA and Employment Authorization Document renewal applications from DACA recipients whose benefits will expire between September 5, 2017 and March 5, 2018 and who were accepted by DHS on or after October 5, 2017 will be evaluated and processed on a case-by-case basis.
5. All DACA renewal applications and Employment Authorization Document applications submitted outside the parameters specified above will be denied.

What about current DACA recipients?

According to officials, current DACA recipients will not be affected by the changes announced today until after March 5, 2018, six months from now.

1. Undocumented individuals currently enrolled in DACA will continue to be covered by the program until the expiration of the period of deferred action in their case, the date indicated in the approval letter they received. DHS will not revoke DACA protections or work permits during the remaining period of validity.
2. Applications for renewal of Employment Authorization Documents will be processed through October 5, 2017 for individuals whose work permits expire between September 5, 2017 and March 5, 2018.
3. No new Advance Parole Applications (Form I-131) will be approved for individuals under the DACA program.
4. Previously approved Advance Entry Permit applications will continue to be accepted as valid. However, U.S. Customs and Border Protection (CBP) has the authority to bar individuals from entry if they deem them no longer admissible. In addition, USCIS may revoke or terminate an Advance Entry Permit at any time.
5. All pending applications for an Early Entry Permit for individuals under the DACA program will be cancelled and any fees paid at the time of application will be refunded.
6. DHS will continue to exercise its discretionary authority to terminate or deny deferred action at any time if immigration officials deem it an appropriate action.