» What is the Status on DACA?

What is the Status on DACA?

Houston, TX (Law Firm Newswire) December 5, 2017 - Under the Trump administration, immigration legislation changes often. It is best to reach out and connect with an experienced immigration attorney with questions or concerns about work permits or applications in progress.

The Deferred Action for Childhood Arrivals (DACA) program gave undocumented immigrants the opportunity to get educated, live and work legally in the United States without fearing deportation. The latest information that affects those under the auspices of the DACA program is that if a work permit is set to expire March 5, 2018, it may be extended another 2-years, but the application to do so had to be received by Citizenship and Immigration Services (CIS) before October 5, 2017.

Thus, for those who met the deadline their applications are pending and CIS continues to process them. Any requests for evidence and fingerprinting should proceed as usual. “This information only applies to those with work permits expiring March 5, 2018,” emphasized Annie Banerjee, a well-respected Huston immigration lawyer. “Anyone else outside those parameters cannot apply. Additionally, it is not advisable to travel, even if you hold a valid advanced parole document.”

According to the latest information out of the White House, Congress has been instructed to come up with an alternative immigration plan within six months. It appears there are ongoing attempts to do something about DACA, but it is not completely clear which direction any possible resolution may head.

There is a great deal of confusion surrounding DACA and DREAMERS. They are not the same thing. DACA was set to renew every two years and considered to be a temporary solution for over 800,000 young undocumented immigrants brought to the United States as children. Those under DACA tend to refer to themselves as DREAMERS, but DACA is not the same thing as the Development, Relief, and Education for Alien Minors Act (DREAM Act).

The DREAM Act would have offered undocumented youth a path toward permanent residency. It was introduced in 2001, but it did not pass. DACA offers deferral from deportation for two years at a time. It is unclear what, if anything, will replace DACA.

According to some media outlets, President Trump wants to restrict any deal that Congress proposes to have it only apply to current recipients of DACA, not just eligible immigrants, and there must be limits to family members that could be sponsored to the United States, sometimes referred to as chain immigration. Whether or not the border wall would play a role in a proposed new iteration of DACA remains to be seen.

There are two differing viewpoints at the nation’s capital – the one held by Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi that the preferred route to replace DACA would be to implement the DREAM Act and the viewpoint held by Republicans mostly focuses on repealing DACA and strengthening border security.

“For now,” said Banerjee, “it’s mostly business as usual until we hear otherwise. If you have questions, make sure to contact an experienced immigration attorney for help.”

Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139

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