Deferred Action for Childhood Arrivals

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After receipt and consideration of more than 16,000 public comments, on Aug. 30, 2022, the Department of Homeland Security (DHS) will be publishing a final rule in the Federal Register…
Continue Reading DACA Final Rule to Be Published Aug. 30, with Limited Effectiveness

On July 16, the Federal District Court for the Southern District of Texas issued a permanent injunction against the Deferred Action for Childhood Arrivals (DACA) program. However, the court temporarily…
Continue Reading District Court Blocks Filing of New DACA Applications

Greenberg Traurig Shareholder Ian Macdonald is featured in SHRM discussing the recent Supreme Court ruling on the DACA program protecting Dreamers from deportation. In the article titled, “What the Supreme…
Continue Reading Greenberg Traurig Attorney Ian Macdonald Discusses Supreme Court Ruling on DACA in SHRM

As we previously reported here, USCIS published a notice of proposed rulemaking for an adjustment of fees to meet operational needs. Today, USCIS announced an extension of the comment…
Continue Reading USCIS Announces More Fees and Fee Increases—UPDATE: Extension of Comment Period

A business coalition and many of its members continues to work for passage of a permanent bipartisan legislation solution for Dreamers living, working, and contributing to our economy.   https://www.coalitionfortheamericandream.us/. More than 100 CEOs of businesses from across the industry spectrum and across the United States are represented in this effort.
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Continue Reading U.S. Businesses Urge Congress to act on a Solution for the Dreamer/DACA Recipients

On Jan. 10, U.S. Chamber of Commerce President, Tom Donohue, delivered the widely-anticipated State of American Business address in Washington D.C.  Much of his remarks focused on policies and opportunities for continuing economic growth in the United States under the social media hashtag of #Jobs2018.  Mr. Donohue applauded the regulatory reforms and tax reforms of the Trump Administration and stated that our country must continue such common-sense reforms to free American job creators and to reset American jobs for the future.
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Continue Reading U.S. Chamber of Commerce President Delivers Annual State of American Business Address

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work authorization if they met certain criteria.  This policy was established through an Executive Order issued June 2012 by the Obama Administration.  Since then, DACA has undergone scrutiny and much debate, and with the change of administrations, it has been clear that this policy would change, if not end.

AG Jeff Sessions announced that DACA will end, with a wind-down process overseen by the Department of Homeland Security (DHS).  Effective immediately, the following will happen as per the recently released DHS memo:

  • DHS will adjudicate, on a case by case basis, initial requests that have been accepted as of today (Sept. 5).
  • After today (Sept. 5), DHS will reject all DACA first-time applications.
  • DHS will adjudicate all properly-filed renewal applications as of today, and will continue to adjudicate applications for those whose benefits will expire by March 5, 2018.  Those applications will only be accepted until Oct. 5, 2017.  All other renewal requests will be rejected.
  • Current approvals and valid employment authorization document (EAD) cards will not be revoked and will remain valid until the expiration dates.
  • No new advance parole (AP) applications (an AP is permission to travel) will be accepted or approved and current/pending AP applications will be closed (fees refunded).  Currently, valid Advance Parole will still be valid and U.S. Customs and Border Protection (CBP) will retain the discretion to admit a person based on the AP.
  • Discretion will be retained by DHS to terminate or deny deferred action at any time deemed appropriate.
  • U.S. Citizenship and Immigration Services (USCIS) will not provide this information proactively to Immigration and Customs Enforcement (ICE) and CBP for enforcement proceedings, but this policy may be modified.

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Continue Reading Attorney General Jeff Sessions Announces the Rescission of DACA

The Nov. 20, 2014 DAPA memorandum, which to date has not been implemented, directed U.S. Citizenship and Immigration Services (USCIS) “to establish a process, similar to DACA, for exercising prosecutorial…
Continue Reading DHS Rescinds Memorandum Addressing Expansion of Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans and Lawful Permanent Residents