BlogLine

Where Did the Dream Go?

9/6/17

By: Layli Eskandari Deal
On September 5, 2017, President Trump announced an end to the Deferred Action for Childhood Arrivals (DACA) program.  The program was established on June 15, 2012 and deferred the deportation of foreign nationals that were brought to the United States as children and granted them work authorization.  This group of individuals has become known as “the Dreamers.”  The DACA program is scheduled to sunset once each Dreamer’s work authorization expires.  Those individuals will not be able to renew their status and will be vulnerable to removal from the United States.
While there is some uncertainty surrounding the end of the DACA program, here is what we know:

1. No new applications will be accepted as of September 5, 2017;
2. Pending DACA applications will be adjudicated;
3. If an individual’s status is set to expire on or before March 8, 2018, USCIS will accept a renewal application, but the request must be submitted no later than October 5, 2017;
4. All pending travel documents (advance parole documents) requests will be denied and no new requests will be accepted.

Now we look to Congress to address the fate of these Dreamers.  There seems to be support in both the House and Senate through multiple bills that provide relief for Dreamers, but it is hard to predict the ultimate outcome of any future legislative attempt to address the status of Dreamers.
In the interim, our suggestion for employers with Dreamers within their workforces is to continue to employ those individuals until the expiration of their employment authorization documents.
For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Layli Eskandari Deal of the law firm of Freeman Mathis & Gary, LLP at (770-551-2700) or LDEAL@fmglaw.com.