Update on DACA
On September 5, 2017 the Trump administration announced the decision to wind down the federal Deferred Action for Childhood Arrivals (DACA) program.
The Department of Homeland Security (DHS) issued a memorandum regarding rescission of the Executive Order that grounded DACA. The memo provides legal context from DHS’ perspective as well as some specific statements about how applications under DACA will be handled starting today. Some key points are summarized below.
- DACA initial requests filed as of 9/5/2017 (and associated applications for Employment) that are currently pending will be adjudicated by the Department of Homeland Security (DHS).
- Current DACA grants of approvals will remain in effect until their current expiration date.
- Individuals that have DACA approvals that expire between now and March 5, 2018, can apply for a 2 year renewal, so long as their applications are accepted by DHS by October 5, 2017.
- DHS will not accept future Form I-131 applications (application for travel/re-entry permit). Pending requests for Form I-131 will be administratively closed.
- Immigration officials retain discretionary authority to terminate or deny deferred action when appropriate.
Additional information can be found on these sites:
- Department of Homeland Security, “Frequently Asked Questions: Rescission of Deferred Action for Childhood Arrivals (DACA),” (September 5, 2017).
- Immigrant Legal Resource Center, Community Advisory, “What Do I Need to Know if the DACA Program Ends?,” (August 28, 2017).
- Department of Homeland Security, Press Release, “Rescission of Deferred Action for Childhood Arrivals (DACA),” (September 5, 2017).
- Department of Justice Office of the Attorney General, “Letter from Attorney General Sessions to Acting Secretary Duke on the Rescission of DACA,” (September 5, 2017).
Current DACA work permits (Employment Authorization Documents) will remain valid until they expire. Please be aware if a DACA work permit (Employment Authorization Document) expires before March 5, 2018, an application for renewal must be filed with the Department of Homeland Security before October 5, 2018. No renewal applications will be accepted after that date. Don't delay submitting your application so as to avoid any processing glitches.
If you are a DACA recipient, you should weigh the benefits and risks of international travel carefully as border agents have wide discretion in determining the admissibility of any person presenting at the border.
Permission to travel internationally (advance parole travel for DACA recipients) is no longer available. If you have a previously approved DACA advance parole application, it will remain valid until it expires. If you have a current DACA permit, and you leave the country with no approved advance parole application, your ability to re-enter the United States at a point of entry may be denied.
If any member of the University community has planned or scheduled international travel (study abroad, research, alt-spring break, service trips) that could be impacted by the new DACA restrictions, we advise you to consult with the sponsoring University department immediately or contact Amy Hurd, Associate Vice President for Undergraduate Education, at arhurd@IllinoisState.edu or (309) 438-2157 for further information or referral.
The University is monitoring developments closely and will post further information on this site as it becomes available.
January 9, 2018 Update
On Tuesday, January 9, 2018 a US District Court judge denied the Department of Homeland Security's (DHS) motion to dismiss lawsuits challenging the decision to end DACA. The judge also issued a nationwide injunction ordering the government to maintain the DACA program with limited exceptions. Under those exceptions, DHS need not process new applications from those who never received deferred action; travel document (advance parole travel) requests need not be processed for the time being; and DHS "may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application."
This ruling is by its nature temporary and will be appealed.