On September 5, 2017, U.S. Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program would be cancelled. Sessions’s announcement was a hate-filled blistering attack on Dreamers, referring to them as criminals, and accusing them of stealing the jobs of hundreds of thousands of U.S. citizens. Opposition to the announcement was immediate and continues to grow across the country. We call on all decent minded Americans to contact your U.S. Representative and Senators to demand the passage of new legislation to restore the DACA program including a path to permanent status for DACA recipients.
In a subsequent memorandum released by the Department of Homeland Security, the following points were clarified:
- DHS will not accept any new first time DACA applications effective immediately.
- DACA recipients with an expiration date on or before March 5, 2018 can apply for an extension, but must apply no later than October 5, 2017. It appears such persons will be eligible for a full two year extension.
- Current recipients with an expiration date after March 5, 2018 will not be able to apply for an extension.
- DHS will not issue Advance Parole to any DACA recipients effectively immediately, even to those with pending applications.
- Existing Advance Parole documents will supposedly be honored, although with many reservations. We would advise against travel under these circumstances.
Allen & Hodgman is experienced in both US and Canadian immigration law. We continue to accept Canadian Express Entry cases for DACA recipients interested in permanent immigration to Canada. Many DACA recipients with a college degree, several years of skilled work experience, and strong English language skills are eligible. For more information, please read our webpage on Express Entry.