President Trump will end Deferred Action for Childhood Arrivals (DACA) according to a draft memorandum leaked yesterday. The program will be ended immediately, but work authorization cards will remain valid and DACA holders will not automatically be placed into deportation proceedings.
The draft Executive Order has not yet been signed. It may be downloaded here: Ending Unconstitutional Executive Amenities. We will update this post as more information becomes available.
What will President Trump’s Executive Order do to DACA?
- No new DACA applications or renewals. Effective immediately, individuals will no longer be able to apply for DACA.
- Existing DACA EADs remain valid, but cannot be renewed. For those already enrolled in DACA, your work authorization card (EAD) will remain valid until the date of expiration printed on the card. But you will not be able to get a renewal, at least under the DACA program. You would need to qualify for another immigration program.
- Immediately end “advance parole.” Under the DACA program, certain individuals were allowed to depart and reenter the United States on “advance parole.” This strategy – which we used for many clients – allows the individual to be credited with a lawful entry into the U.S. Following the lawful entry, the individual could qualify for other immigration strategies, such as a marriage-based green card. Effective immediately, DACA holders will not be granted advance parole.
- End deportation protections, but not automatically deport DACA holders. After enrolling in DACA, individuals received a limited form of protection from deportation. Essentially, DACA holders were told that by enrolling in the program they would not be deported. That promise ends immediately. Now the government is permitted to start deportation proceedings against someone even if they have DACA. On the other hand, may have worried that Trump would target DACA holders for deportation. Nothing in the Executive Order suggests that. In other words, it does not appear that DACA holders will be rounded up as a group and placed into deportation proceedings. In fact, the Order states specifically the the government may consider – on a case by case basis – whether DACA holders should remain exempt from deportation.