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Executive Order will end DACA/Dream Act, but should not cause mass deportations

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?

  1. No new DACA applications or renewals. Effective immediately, individuals will no longer be able to apply for DACA.
  2. 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.
  3. 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.
  4. 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.
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All Sound Immigration attorneys are members of the American Immigration Lawyers Associations. They practice immigration law exclusively, focusing on helping families start new lives in the United States.

This Post Has 9 Comments

  1. I have a question.. Im a DACA recipent and I applied for advance parole to go visit my grandma in mexico and than use the legal reentry to apply for legal status since im marry to a US citizen.. i was hoping to go before january 20th but i just now receive my document.. can I still go? do you reccomend leave the country under trump?

    1. It is not advisable to leave at this point in time. Advance Parole warns recipients that ICE-CBP officials at any U.S. Port of Entry (airports, land borders, seaports) may still make a discretionary determination. In light of the recent Executive Order limiting all entries from certain types of foreign nationals even WITH authorization to enter the U.S. from certain countries, and based on the new administration’s change in direction, if you leave the country even if your Employment Authorization Document is stamped Valid for Re-Entry, re-try under Advance Parole depends on the determination of just one or a few CBP officers. You risk not being to legally re-enter the country except via the formal lengthy petition/consular process meanwhile you live apart from your family.

  2. Hi Greg,
    My wife is a perminent resident in the U.S which is currently in Iraq with my two year old American citizen daughter. My wife has been in iraq for less than a month attending her fathers funeral that had just passed on. My question is would she be able to renter the U.S next month with my doughter. I’m currently here in the U.S along with my other two children whom are waiting for there mother to return home.

    Many thanks.

    1. Please contact Northwest Immigrant Rights Project in Seattle, WA (if you live in WA.) to let them know what happened. You will need an attorney to help you with navigating Dept. of State and DHS CBP port officials. They either will help you directly or will refer you to contact other skilled attorneys.

  3. HI,

    My visa status is PAROLE (I-485 Adjustment of status through Employment) with valid Advance Parole expiring on April 2018. I saw on one of site about President Executive Order saying “Immediately terminate all existing parole policies guidance, and program that contradicts to this executive order polices” . is it safe to travel to India tomorrow and return in 2 weeks with Advance Parole.

    1. Namaskar, Kuti: Well, the Executive Order was specific to DACA enrollees with parole. So that’s different from what you describe. We can’t opine about your Parole, since we are not familiar with your case, but the Executive Order impacts only DACA status.

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