What Ending DACA Means—And Where the Fight is Today to Keep DACA

In another staggering blow to the U.S. immigrant community, the Deferred Action for Childhood Arrivals (DACA) program, which has protected nearly 900,000 young unauthorized immigrants from deportation over the course of its existence, has been rescinded.

In her recent memorandum to USCIS officials, Elaine C. Duke, acting Secretary of the Department of Homeland Security, rescinded the June 15, 2012 memorandum that created the DACA program.

Effective immediately, all initial requests for DACA will be rejected by USCIS unless they were accepted by Sept. 5, 2017. Also, USCIS will no longer approve advance parole requests associated with DACA. All DACA renewal requests will be rejected unless they are received by Oct. 5, 2017 from current beneficiaries whose benefits expire between Sept. 5, 2017 and March 5, 2018.

Also, all applications for Employment Authorization Documents associated with new DACA cases will be rejected unless they were filed by Sept. 5, 2017.

USCIS will not revoke Employment Authorization Documents or terminate any previously issued grants of deferred action under DACA for the remaining duration of their validity periods solely based on the directives of the memorandum. However, all pending Form I-131 applications for advance parole filed under DACA standards will be administratively closed. Those with Advance Parole will be able to use those documents during their current validity period.

It goes without saying that the rescission of DACA is a tragic setback for immigrants who qualified for deferred action under the program. The needless decision to end DACA will affect thousands of families and individuals who hoped to live, study, and work in the United States.

If you or a member of your family was affected by the rescission of DACA and you would like to discuss your options for adjusting your immigration status, contact Kuck Immigration Partners. No matter what your immigration concerns are, attorney Charles Kuck will compassionately represent your interests and fight for the most favorable outcome for your case. Call 404-816-8611 to schedule a consultation with an immigration lawyer in Atlanta.

Federal Courts May Block Rescission of DACA Due to Violation of the Administrative Procedure Act

According to Politico, the rescission of DACA may constitute a violation of the Administrative Procedure Act, which would give federal courts the authority to block the action. Pursuant to this Act, certain agencies are required to publish proposed actions in the Federal Register. The public must be given 30 days minimum to examine the proposal and provide feedback. After finalizing the proposal, the agency must address the issues raised by the public and explain why a particular course of action was taken, and why the action is reasonable and not capricious or arbitrary.

Although it is possible that federal courts could block the rescission of DACA, it has never been more important for undocumented immigrants to explore their immigration options. If you would like to learn about the options that apply to your situation, call 404-816-8611 to schedule a consultation with an experienced immigration attorney in Atlanta.

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver. We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits. Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration. As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes. As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...

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