FUTURE OF DACA - MIXED SIGNALS

President Trump has been vocal regarding his intent to abolish DACA which was instituted by a June 15, 2012 memorandum written by DHS Secretary Janet Napolitano.  President Trump’s draft executive order entitled Ending Unconstitutional Executive Amnesties, leaked back in January of 2017, contemplates putting an end to the program by not accepting any new applications or renewals.  Current DACA recipients would be allowed to work until the expiration date of their work permits.  Since the leaked memo has become known to public, however, President Trump has made a number of confusing statements regarding his plans for DACA recipients signaling a potential change of heart regarding this issue.
 
Although we do not know what the future of the DACA program holds, we do know that as of March 16, 2017 the program remains in force.

When faced with a decision as to whether renew DACA, every applicant faces a number of questions such as:

1.     Can information provided on a DACA applications be used for immigration enforcement purposes?

2.     Are the costs and waiting times worth it?

3.     Should I travel on an Advance Parole?

 

As DACA was created via executive order, there is no statutory protection against enforcement actions offered to DACA recipients.  Information provided on DACA application cannot be shared with ICE or CBP for immigration enforcement purposes unless the applicant meets specific criteria, but it can be shared for other purposes like fraud investigation.  

Applicants with complicated immigration history including, for example, prior removal orders or any type of criminal history, would benefit from a consultation with an experienced immigration attorney to verify their eligibility and ascertain the risks associated with making an affirmative application.   

The applicants who are already participating in DACA and have had any recent contacts with law enforcement or immigration police would not likely incur any additional risks by filing for renewal as their information is already known to the government.

DACA recipients should only contemplate foreign travel with a valid and current advance parole. As CBP took a position that even with a valid advance parole admission to the U.S., it is up to CBP’s discretion to admit an individual or deny entry.  The current administration has signaled that the advance parole program will be curtailed in the future and used more sparingly.  Having said that, certain DACA recipients may benefit from an entry to U.S. on an advance parole on both personal and procedural levels; for example, when faced with a bar to adjustment due to prior entry without inspection.  The decision to exercise this option should be made on an individual basis and the applicant should ensure that he or she understands the risks associated with seeking re-entry to the U.S.

Putting aside all the uncertainties surrounding the DACA program, the DACA community consists of millions of  individuals, (as of September 30, 2016,  CIS  has approved approximately  750,000 initial DACA applications and 580,000 renewal requests) and is a force that President Trump needs to take into account when making decisions regarding future of this program.